The District Attorney just released a report detailing why he will not pursue charges against two Springettsbury Township officers accused of assaulting a York County man. District Attorney Tom Kearney’s conclusion is below.
“In the instant case, the issue is whether the force that was used by the officers was unreasonable under the circumstances. With regard to the mental state of the officers, both officers had ample reason to be concerned about their safety during the encounter. When Mr. Landis failed to comply with the request of Officer Moyer to place his hands behind his back, and instead took action in contradiction to the request of the officer, Officer Moyer was justified in using such force as necessary to force compliance. His use of the leg sweep was not unreasonable under the circumstances.
Once on the ground, the concerns of both officers regarding the possible possession of a concealed weapon in the area of Mr. Landis’s hands, and the refusal of Mr. Landis to place his hands behind his back in compliance with the officers demands, makes the use of the taser and compliance strike reasonable. This was confirmed by the police expert in use of force. Although the use of profanity by a professional police officer should never be condoned, the officers were justified in the amount of force used in this encounter to make the arrest. Accordingly, the conduct of the Officers does not merit the filing of criminal charges. The matter is now closed.”