LEBANON COUNTY, Pa. — Editor's note: The above video is from Nov. 8, 2021.
The Lebanon County District Attorney's Office released a detailed report Monday outlining the investigation into a fatal 2021 shooting of a Jonestown man.
The State Police trooper who shot and killed 40-year-old Andrew Dzwonchyk in the November 2021 incident was justified in doing so, according to the district attorney's office.
According to the report, a woman who shared two children with Dzwonchyk called police after reporting that Dzwonchyk had repeatedly violated the Protection from Abuse (PFA) order she placed on him.
Two Pennsylvania State Troopers responded to the scene, Trooper Justin Achenbach and Trooper Jay Splain, after 10 p.m. on Nov. 7 to address the complaint.
Despite police making contact with Dzwonchyk earlier that day, the victim continued to contact and harass the woman. The two children the former couple shared were with Dzwonchyk, and their mother feared for their safety.
Based on the evidence, the troopers filed a Protection from Abuse Violation against Dzwonchyk, citing his repeated contact with the woman.
The officers then exited their car and tried to take pictures of the text messages from Dzwonchyk to the woman's phone as evidence. However, Dzwonchyk then drove to the residence and began screaming out the window of his car.
Officers on the scene noted that Dzwonchyk was acting very aggressively and believed his behavior was consistent with the use of Methamphetamines.
Following multiple attempts to get Dzwonchyk out of the vehicle, Trooper Achenbach leaned into the open driver's side window of the car and attempted to grab the steering wheel and unlock the car.
According to the District Attorney's Office, Dzwonchyk pushed and struggled with Trooper Achenbach, then hit the gas of the car, dragging the officer.
Trooper Splain was allegedly worried about his partner's vulnerable position, worrying that the trooper may be run over or crashed into trees or other parked cars on the property.
Believing his partner was in danger, Trooper Splain fired at the victim, striking him in the arm.
Despite repeated attempts by both officers to alert Dzwonchyk that he was under arrest and needed to exit the car, the victim reportedly did not listen or obey.
Dzwonchyk allegedly started reaching past the gear shift, which alerted both troopers that he may be reaching for a weapon. Due to Trooper Achenbach's vulnerable position halfway inside the car and repeated attempts to tase Dzwonchyk proving unsuccessful, when the victim accelerated backward for the third time, Trooper Splain followed and fired his fun until the car stopped moving.
Both troopers believed that Dzwonchyk intended to escape arrest and was willing to run over or harm police on the scene to do so.
The shots fired by Splain were fatal, and Dzwonckyk died of multiple gunshot wounds. A toxicology report revealed that he had toxic levels of Amphetamine and Methamphetamine in his body.
In the vehicle, police found a claw hammer behind the passenger seat.
According to the District Attorney's Office, Trooper Splain acted legally and justifiably with his use of deadly force.