CARLISLE, Pa. — Cumberland County District Attorney Seán M. McCormack on Thursday cleared the Hampden Township Police officers involved with the shooting death of Gregor Fleming Jr. during a domestic disturbance call on March 7.
After reviewing an investigation conducted by the Pennsylvania State Police, McCormack ruled the Hampden officers’ fatal shooting of Fleming was justified under the law.
At a press conference announcing his findings, McCormack said he considered all the facts surrounding the incident, the officer’s body cam footage, an in-vehicle dash cam video, the statements of witnesses and the statements of the officers involved.
McCormack issued the following timeline of the events of March 7:
6:03 PM - Cumberland County 911 call center received a call from a 19-year-old woman reporting that "MOM'S BOYFRIEND IS SUICIDAL WITH A GUN TO HIS HEAD."
She further reported to the 911 operator that Gregor Fleming was inside of her residence with a gun to his head, and he was her mother's boyfriend. She informed the operator that she herself was outside, that her mother was still inside the house with Fleming, as well as her 21-year-old brother. She stated Fleming had not done anything to harm himself yet, but did have a gun to his head, and he was in the master bedroom of the house.
6:06 PM – The First Hampden Township Police units arrived on the scene. Officers met and spoke with the 911 caller, who advised them of the situation concerning Fleming.
Other units arrived shortly after and began to set up a perimeter near the suspect’s home, blocking access to Erbs Bridge Road in front of the home.
While they were able to block traffic traveling on Erbs Bridge Road, traffic traversing Sporting Hill Road continued to travel behind the location where officers set up to block Erbs Bridge Road.
6:11 PM – Five minutes after the first officer arrived on the scene, Fleming exited the home with a handgun. He walked towards Conodoguinet Creek located across the street from his home. Fleming was instructed to drop his weapon multiple times by the officers.
While along the creek bank, Fleming unloaded and reloaded the firearm on at least two occasions. All of this was observed by the responding officers.
As this was going on, the officer in charge of the scene requested that a negotiator be dispatched to the scene to assist with speaking to Fleming. An ambulance is also requested to respond.
6:18 PM – While officers attempted to both engage Fleming and gain control over a scene that was not yet completely secured, Fleming was observed pointing his firearm gun at law enforcement officers. Officers noted the incident but did not fire at Fleming at this time.
At this point, despite the fact there were two patrol cars blocking traffic from turning onto Erbs Bridge Road from Sporting Hill Road, with flashing lights activated and multiple officers using said vehicles to shield themselves from potential gunshots, one civilian vehicle attempted to drive around the patrol cars to access Erbs Bridge Road and drive into the scene towards Fleming’s location. Officers quickly reacted to get the car to back out of the scene.
6:21 PM - Shortly after the civilian's car drove into the scene, officers observed Fleming walking back towards the roadway. Fleming began walking toward the officers blocking the Sporting Hill intersection of Erbs Bridge Road.
Fleming momentarily turned around before recommitting to his intent to walk at a deliberate pace toward the officers.
Officers ordered Fleming to drop his weapon. He did not do so and continued to walk towards the officers.
When he reached the center double yellow lines of the roadway, Fleming raised his left arm and deliberately pointed the firearm at the officers.
To protect themselves and any public behind them in the vicinity of Sporting Hill Road, two Hampden Township officers fired their firearms at Fleming.
Fleming was struck three times in the torso and once in the upper thigh.
Immediately after Fleming fell to the ground, officers began to provide first aid to Fleming and the ambulance staged nearby was brought to the scene to provide life-saving aid.
Despite these efforts, Fleming died at the scene.
McCormack stated that his role as District Attorney was to review the incident from the perspective of criminal law.
McCormack referenced Pennsylvania’s crimes code sections governing the use of force in self-defense situations.
“Where the actor believes that force, in this case deadly force, is necessary for the purpose of protecting himself, or others, against the use of unlawful force by such other person, or persons, then the force is justified," McCormack said. "In this case, the force Gregor Fleming was threatening to use against the officers was the type that was intended to cause death or serious bodily injury to the police and others.
"Therefore, the Hampden Township Officers were justified in using deadly force to prevent the death or serious bodily injury to themselves and the public.”
McCormack indicated that his review of the incident is now complete and that the District Attorney’s investigation is now closed.
