Pa. man who dis­armed gun­man sues 4 state troop­ers

The Mercury (Pottstown, PA) - - OBITUARIES - By Clau­dia Lauer

When Day­lan McLee got a pan­icked phone call from his sis­ter in the early morn­ing hours of March 20, 2016, he rushed to the Amer­i­can Le­gion bar in Dun­bar, Penn­syl­va­nia. A fight had bro­ken out, please come get her, his sis­ter pleaded.

When he ar­rived, the scene in the bar park­ing lot about 45 miles south of Pitts­burgh was chaotic, but McLee rec­og­nized a man hold­ing a gun. Sur­veil­lance video from the bar shows McLee ap­proach the man, take the weapon and quickly toss it in a grassy area be­tween cars.

That ac­tion would put McLee in jail for al­most a year await­ing trial on what he claimed in a law­suit filed Thurs­day were fal­si­fied charges.

McLee, 29, al­leged that four Penn­syl­va­nia State Troop­ers lied in a po­lice re­port about the in­ci­dent and fal­si­fied charges against him after one of the troop­ers fired two shots at him and struck a nearby house. A jury found him not guilty of ag­gra­vated as­sault, reck­less en­dan­ger­ment and all other charges in a March 2017 trial.

“Mr. McLee only wishes to state at present time that he wants the Penn­syl­va­nia State Po­lice to be ac­count­able for his ma­li­cious prose­cu­tion and to ac­knowl­edge what they did to him,” his at­tor­ney Alec Wright wrote in a state­ment.

A mes­sage left for a spokes­woman at the Penn­syl­va­nia State Po­lice was not im­me­di­ately re­turned Thurs­day. No at­tor­ney in­for­ma­tion was listed in court doc­u­ments for the four troop­ers named in the law­suit.

Wright said McLee didn’t re­al­ize un­til he was ar­rested after leav­ing the scene that the trooper was shoot­ing at him specif­i­cally.

The law­suit comes less than a month after two in­ci­dents in Alabama and Illi­nois where white po­lice of­fi­cers fa­tally shot black men with guns who wit­nesses said were in­ter­ven­ing in shoot­ing in­ci­dents.

Eman­tic Brad­ford Jr . was killed by an of­fi­cer after a shoot­ing at a mall in Hoover, Alabama, on Thanks­giv­ing night. Au­thor­i­ties have said an un­named of­fi­cer shot him after see­ing a gun, which rel­a­tives say the 21-yearold Brad­ford had a per­mit to carry legally. Po­lice have re­tracted ini­tial state­ments that Brad­ford was in­volved in the orig­i­nal in­ci­dent.

Ear­lier in Novem­ber, se­cu­rity guard Jemel Rober­son was killed while hold­ing at gun­point a man in­volved in a shoot­ing in the bar­room. Wit­nesses told in­ves­ti­ga­tors that the of­fi­cer or­dered the 26-year-old Rober­son to drop his gun be­fore open­ing fire.

Wright said the trooper who shot at McLee lied in his state­ments used for an af­fi­davit of prob­a­ble cause, say­ing McLee raised a hand­gun and pointed it at him twice— when he first ar­rived on scene, and be­fore McLee al­legedly jumped in an SUV and fled. An­other trooper said McLee changed his story, ad­mit­ted to ly­ing and to hav­ing had pos­ses­sion of a firearm be­fore the shoot­ing.

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