Chief: Officers followed policy in shooting

Journal Register News Service

3HrNDVLH SROLFH RIfiFHrV GLG QRW violate department policies in the shooting death of Quakertown resident Michael Marino Jr., 26, according to an administrative review completed by Perkasie Borough police Chief Joseph Gura that was released to the public Monday.

Perkasie Police Department policy DOORwV DQ RIfiFHr WR uVH GHDGOy IRrFH when he “reasonably believes” that doing so is necessary to prevent death or serious injury to himself or DQRWKHr SHrVRQ. TKH WKrHH SROLFH RIficers involved in the altercation with Marino were placed on administrative leave while the district attorney investigated the case, and they each underwent a Fitness for Duty evaluation with a licensed psychiatrist before returning to work, Gura’s report states.

3ROLFH RIfiFHrV rHVSRQGHG WR FDOOV June 9 from a passersby who saw Marino walking down Clymer Avenue in Sellersville, shouting threats and hitting street signs. Marino, who wDV PHQWDOOy LOO DQG uQGHr WKH LQfluHQFH RI GruJV, rHVLVWHG 2IfiFHr 6WHYHQ GrDWK DQG 2IfiFHr 6HWK 0uPEDuHr’V attempts to handcuff him in order to escort him to Grand View Hospital. 2IfiFHrV GLG KDQGFuII 0DrLQR, EuW KH then became combative again. Sgt. James Rothrock had stepped aside to call for an ambulance to transport Marino to the hospital when Marino kicked Grath, knocking him to the ground.

When Marino kicked Mumbauer twice, once in the jaw and once in the groin, Mumbauer thought that he might lose consciousness. As Marino approached to strike again, Mumbauer feared he had slipped out of one handcuff and that he would be DEOH WR VHFurH WKH RIfiFHr’V wHDSRQ and use it against him, according to District Attorney David Heckler’s July 30 report.

Heckler declared the shooting a “MuVWLfiDEOH KRPLFLGH,” DOWKRuJK KLV report states that “the interaction EHWwHHQ WKH RIfiFHrV DQG 0DrLQR should not have reached this point.” 2IfiFHrV VKRuOG KDYH DWWHPSWHG WR “wear down” Marino verbally, and once he was handcuffed, they should have moved him to smooth, level

ground instead of remaining on a slope where Marino was able to gain the upper hand, Heckler said. Heckler also criticized Rothrock’s decision to leave the immediate scene in order to call for an ambulance.

GurD’V rHSRrW VWDWHV WKDW Rothrock waited until Marino had quieted before moving out of earshot to call the ambulance, since Marino had already in- sisted that he would not go to the hospital. The offiFHrV DOVR KDd WR PDNH D judgment call on whether to move Marino to level ground, risking upsetting him again after he had calmed down.

Although officers did not violate policy, the police department is taking measures to ensure officers are prepared to handle similar situations in the future. Officers will receive tactics and operations training and the entire department will complete Crisis Intervention Team training, which deals with both mental health and substance abuse issues, from Lenape Valley Foundation. The department is also adding a general order to address dealing with mentally ill persons.

Abington Township police Chief William Kelly LV rHvLHwLnJ GurD’V rHport to make additional recommendations for Perkasie’s police department policies and training. Kelly is the president of the Police Chiefs Association of Southeastern Pennsylvania and second vice president of the Pennsylvania Chiefs of Police Association, according to a Perkasie Borough press release.

“We vow to learn from WKLV HxSHrLHnFH Dnd WR dR everything possible to ensure that a similar tragedy will never happen again,” GurD’V rHSRrW VWDWHV.