A Pennsylvania police officer has been charged with voluntary manslaughter in the fatal shooting of a college student who authorities say mistakenly went to the wrong house after a night of drinking and was complying with police commands when he was shot.
Montgomery County District Attorney Kevin Steele announced on Sept. 1 that Upper Pottsgrove Township Police Cpl. Sean Farrell, 58, was charged in the Aug. 23 death of 22-year-old Glenwood "Bubba" Pysher IV. According to the district attorney, Pysher had spent several hours drinking with friends while celebrating a 21st birthday before a designated driver dropped the group off at the birthday celebrant’s house.
Pysher later attempted to walk about a half-mile to another friend's home but became
confused and ended up at the wrong residence, believing it was his friend's house, Steele said. The homeowners, fearing someone was attempting to break in, called 911.
Farrell, the first officer to arrive at the scene, found Pysher on the home's rear patio, several feet from the back door, according to prosecutors. Steele said body camera footage showed Farrell approaching with his handgun drawn and using its mounted light to illuminate the area.
From behind a vehicle parked in the driveway, Farrell ordered Pysher to show his hands, raise them and get on the ground, Steele said. Pysher raised his hands, which were clearly visible, and began walking toward the officer.
As Pysher continued walking, Farrell again ordered him to the ground and then yelled, "Stop, or I'll ..." before firing two shots without completing the warning, according to Steele. Pysher was struck twice in the chest and died.
Prosecutors said he was 17 to 20 feet away from Farrell when he was shot.
"At the time these two fatal shots were fired, Mr. Pysher had his hands up. He had no weapon. He did not charge the officer or act aggressively in any way. He was not a threat to the homeowners who were inside their residence," Steele said at a news conference.
Prosecutors: Pennsylvania officer's use of force was not justified
Moments after the shooting, Farrell told another responding officer that Pysher had "charged" him while screaming and refusing to get on the ground, Steele said. But Farrell's body-worn camera footage showed no indication that Pysher charged the officer or was yelling or screaming before shots were fired.
No weapon was found on or near Pysher, according to prosecutors.
"He was apparently inebriated, but was complying with police orders to put his hands up when he was fatally shot, he was not trying to escape, and he did not commit a forcible felony," the district attorney said. "This is not a legal use of lethal force under Pennsylvania law."
Under Pennsylvania law, officers may use deadly force only under limited circumstances, including when they reasonably believe it is necessary to prevent death or serious bodily injury or under certain conditions involving dangerous felony suspects, according to prosecutors.
Steele said Farrell was equipped with nonlethal options, including a Taser and expandable baton, but "went directly to lethal force."
Victim's family 'trying very hard to understand why this happened'
Prosecutors charged Farrell with voluntary manslaughter, which Steele described as an intentional killing carried out under an unreasonable belief that deadly force was necessary. Steele said authorities concluded the shooting did not meet the legal standard for a murder charge because the evidence did not support a finding of malice or premeditation.
Farrell surrendered to Montgomery County investigators and was arraigned on Sept. 1, according to prosecutors. A preliminary hearing was scheduled for Sept. 10.
During the news conference, Steele said he met with Pysher's parents and two of his sisters. Speaking on behalf of the county's law enforcement community, Steele offered condolences to the family, saying, "We are very sorry for their tragic loss."
"They are trying very hard to understand why this happened and why their son was taken away from them," Steele said. "As a parent, I can only imagine their pain."
This article originally appeared on USA TODAY: Pennsylvania officer charged in fatal shooting of student at wrong house
