No charges filed in residential shooting

NORRISTOWN » No charges will be filed in connection with the fatal shooting of a Schwenksville man who reportedly forced his way into a Collegeville home during a disturbance last month.

“Following a thorough review of all available evidence, I have concluded that the male occupant who shot the decedent acted reasonably and with proper justification under the law in his use of deadly force,” Montgomery County District Attorney Kevin R. Steele said Thursday, referring to the 11:30 p.m. Feb. 15 fatal shooting at a residence in the unit block of East Third Avenue in Collegeville.

Robert F. Pollock, 55, of Schwenksville, was killed during the incident and his body found at the bottom of the stairs in the residence. An autopsy conducted by the county coroner determined Pollock died from multiple gunshot wounds.

Initial reports indicated that the homicide occurred when Pollock forced his way into the home and was shot by one of the home’s occupants.

“In plain language, this is a justified shooting under the Castle Doctrine since all necessary elements were met,” Steele said.

Steele said those elements included: someone broke into the residence, which is a felony; the intruder was brandishing a firearm that was pointed at the occupant leading him to believe that his and other lives were in danger; and the shooter did not provoke the encounter that led up to the slaying.

“Those are the three necessary elements of a justifiable shooting, and they were all met in this case. Therefore, no criminal charges are warranted regarding this death,” Steele said.

Under state laws that govern the use of deadly force for self-protection, “deadly force” is defined as “force which, under the circumstances in which it is used, is readily capable of causing death or serious bodily injury.” The use of deadly force is justifiable if the actor believes such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat.

Deadly force is not justified if the actor knows that he can avoid the necessity of using such force with complete safety by retreating, according to the law cited by Steele. However, the actor has no obligation to retreat before using deadly force if the actor is in his dwelling, so long as the actor was not the initial aggressor.

Officials did not release the names of the shooter or the occupants of the Collegeville residence.

“We will not be releasing the name of the 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.

Steele said an investigation by county detectives and Collegeville police found that Pollock had forced his way into the residence by breaking the front door. At the time Pollock illegally entered the residence, he was in possession of a Smith and Wesson .357-caliber revolver, which was recovered at the scene, investigators said.

Once inside the residence, Pollock moved to the base of the stairway, where he was confronted by a male occupant of the residence, investigators said. Pollock pointed his firearm directly at the male occupant and in the direction of another female occupant, placing both individuals in immediate danger of death or serious bodily injury, according to Steele.

“Fearing for his life and the lives of others in the residence, the male occupant discharged his firearm. The intruder suffered multiple gunshots and fell to the ground,” Steele said in a prepared statement.

Officials said toxicology results on Pollock showed he had consumed alcohol and drugs.