York County DA refuses to prosecute Nov. 2017 road rage shooting in York City

Law and justice

YORK — Citing the lack of proof that the shooter was not acting in self-defense, the York County District Attorney’s Office is declining to prosecute the man accused of shooting James Robert Weimert in a possible road-rage incident last November, it was announced Friday.

“After reviewing the investigative report, along with supplemental materials including, but not limited to statements from law enforcement officials, eyewitnesses, cell phone video of the shooting in real time, ballistic reports, and medical reports, the District Attorney’s Office is declining to prosecute in the Nov. 12, 2017 shooting death of James Robert Weimert,” the DA’s office said in a statement released Friday.

“In light of all the evidence, facts and specific circumstances surrounding this incident, this office determined that the Commonwealth would be unable to meet its burden of proof beyond a reasonable doubt,” the statement continued. “An individual is not required to prove that they acted in self-defense. Rather, the law demands that the Commonwealth prove beyond a reasonable doubt that an individual did not act in self-defense.

“We are appreciative of the thorough and professional investigation conducted by the York City Police Department. Moreover, we express our sincerest gratitude to the eyewitnesses who came forward and provided the critical information necessary to make the appropriate decision under the law.”

Weimert, 29, was shot shortly after 4 p.m. on Nov. 12, at the intersection of E. Philadelphia and N. Pine Streets, York police say. The 29-year-old victim died in the ambulance just outside of York Hospital.

Witnesses said Weimert was driving a pickup truck that collided with another vehicle. He allegedly approached the other vehicle and was shot. There were conflicting reports about which driver was the aggressor in the incident.

 

The other driver, 27-year old Michael Yeaple, of the York area, was taken into custody for questioning after the incident, but was released with no charges filed.