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Perry County DA determines officer was justified in shooting suspect during incident in Marysville

The DA said the officer justifiably believed his life and the lives of others were in danger due to the actions of suspect Zachary Conroy, who survived his injuries.

MARYSVILLE, Pa. — Note: The video is from Oct. 7.

Perry County District Attorney F. Clay Merris IV on Friday, Nov. 15 said that the officer who shot and wounded a suspect in an incident in Marysville last month was justified in doing so under Pennsylvania law.

Marysville Borough Police Officer Andrew Bustin "was justified in using deadly force to protect both himself and the public" from the threat posed by suspect Zachary Conroy during an Oct. 3 police incident on the 300 block of Cassell Street, Merris said in a press release.

Conroy had already assaulted his father by the time Bustin arrived on the scene, and approached the officer "in a menacing manner," according to the State Police investigation of the incident. He allegedly ignored multiple verbal commands from Bustin to get down on the ground.

Bustin then discharged his stun device, which caused Conroy to drop to the ground. But Conroy continued to resist attempts to place him in restraints, eventually attacking and striking Bustin several times, causing the officer to fall to the ground.

Bustin then drew his duty weapon and fired at Conroy, striking him multiple times. Despite having been hit by multiple gunshots, Conroy continued to attack and attempted to disarm Bustin by grabbing at his weapon.

Other State Police troopers and officers arrived on the scene and attempted to subdue Conroy, who continued to struggle for almost 20 minutes before he could be placed in restraints.

Police then began treating Conroy's injuries, the investigation determined.

Conroy survived the shooting. He is charged with aggravated assault, simple assault, evading arrest or detention on foot, resisting arrest and criminal mischief. 

"Under Pennsylvania law, the use of deadly force by law enforcement is justified when an officer reasonably believes it is necessary to protect himself and others from unlawful force that poses serious threat of death or bodily harm," Merris said. "In this case, the level of threat used by Zachary Conroy was intended to inflict serious injury or death."

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