D.A.: Fatal shooting out side gym ‘justifiable’

A dispute during a basketball game at an Upper Merion health club ended with the fatal shooting of a man.

“At no point in the encounter did the evidence reveal that the shooter provoked the decedent or raise the level of force.”

- Montgomery County District Attorney Kevin R. Steele

NORRISTOWN » A dispute about a “traveling” foul during a basketball game at an Upper Merion health club ended with the fatal shooting of a King of Prussia man, a shooting that prosecutors say was self-defense.

Montgomery County District Attorney Kevin R. Steele on Friday said the investigation of the Feb. 28 fatal shooting of Alan Womack, 28, of King of Prussia, concluded the shooter acted in self-defense and that no charges will be filed against the unidentified shooter.

“As in any matter where someone is not charged with a crime, we do not reveal his or her name to the public,” Steele said.

The investigation began about 10 p.m. Feb. 28 when

Upper Merion police responded to the LA Fitness, located at 200 Village Drive, for a report of shots fired. Investigators arrived to find Womack lying in the parking lot in front of the health club, dead from an apparent gunshot wound to the chest.

County detectives and Upper Merion police obtained surveillance video from four sources inside and outside of the LA Fitness, statements from witnesses and the shooter, and ballistics and firearms evidence during the investigation.

Steele said the investigation revealed Womack and the shooter were unknown to each other prior to their participation in a basketball game that night. About 9:49 p.m., Womack accused the other man of a “traveling” foul, and they began to argue, Steele said.

The verbal altercation was broken up by other players. After play resumed, Womack threatened to shoot the other man in the head and the man then decided to quit the game. The man initially exited the gym and was followed by Womack, Steele said.

The man immediately returned to the gym to retrieve a forgotten object, while at the same time, Womack exited LA Fitness at 9:53 p.m., but remained standing outside the entrance, according to Steele.

The second man exited the building at 9:54 p.m., and walked toward his car. Womack followed him, yelling at him, before pulling a Taurus 9mm handgun from his pocket, Steele said.

A witness told detectives that Womack racked a round into the chamber, while getting within feet of the other man, who then pulled a 9mm Glock firearm from inside his backpack and fired one shot at Womack at 9:56 p.m. As Womack was hit in the chest, Womack fired two shots, striking two parked cars.

Both men were licensed to carry concealed weapons, Steele said.

“There is no doubt about who shot and killed Womack, so the legal issue to be analyzed is whether this was a justifiable killing,” Steele said on Friday. “To be justified in his shooting of Womack, the shooter had to be in reasonable fear of death or serious bodily injury.”

Steele said evidence that would support a reasonable fear would include Womack’s threatening words, his waiting outside of LA Fitness, following the second man through the parking lot, threatening him again, brandishing a gun, and racking a bullet into the chamber while approaching the other man.

“At no point in the encounter did the evidence reveal that the shooter provoked the decedent or raise the level of force. If he had, the self-defense claim would be invalidated,” Steele said.

“In fact, the shooter did just the opposite, trying several times to de-escalate the situation. For these reasons, I conclude that this was a justifiable shooting and therefore, no criminal charges are warranted against the shooter,” Steele concluded.

It’s the second time in two days that county detectives concluded a recent fatal shooting was an act of self-defense.

On Thursday, Steele said an investigation concluded that the 11:30 p.m. Feb. 15 fatal shooting of a Schwenksville man who reportedly forced his way into a Collegeville home during a disturbance was “a justified shooting.” Steele concluded the male occupant of the home “who shot the decedent acted reasonably and with proper justification under the law in his use of deadly force.”