HANOVER, Pa. — Editor's Note: The video is from Feb. 2.
York County District Attorney Dave Sunday on Tuesday announced that the Hanover Borough Police officers who shot and killed Richard Bolen outside a Hanover convenience store on Feb. 2 were justified in doing so due to the threat of death or injury Bolen presented when he pointed a handgun at them.
All four officers were cleared of any wrongdoing following Sunday's review of the investigation conducted by Pennsylvania State Police, Sunday said in a press release.
"Investigators obtained physical evidence, which included video surveillance and body-worn camera footage from officers on scene, along with conducting witness interviews," Sunday said. "I reviewed the evidence in this matter, including all video evidence, which reveals a patently clear and obvious chain of events that led to the fatal shooting."
Sunday provided the following timeline of events in the Feb. 2 incident:
- On Feb. 2, at approximately 10:33 a.m., Richard Bolen arrived at the Sunoco convenience store located at 403 Broadway in Hanover, with a woman in a gray Honda Pilot. They proceeded inside the Sunoco convenience store and began playing games of skill.
- A Hanover Borough Police Officer (Officer #1) observed the gray Honda Pilot in the convenience store parking lot, which the officer knew was a vehicle associated with Bolen.
- Officer #1 knew that Bolen was the subject of a BOLO (be on the lookout for) entered by the Penn Township Police Department on Jan. 31 for an incident wherein Bolen fled from Penn Township PD while brandishing a firearm.
- As part of the BOLO, Penn Township PD included a photograph of the gray Honda Pilot. Hanover PD received the BOLO, of which Officer #1 was aware. Hanover PD also knew Bolen had multiple warrants for his arrest.
- Officer #1 moved to a secure position and called out to other Hanover PD officers to respond to the convenience store.
- Officer #2 and Officer #3 from Hanover PD responded together in a vehicle to the convenience store and assumed a secure position outside the store.
- Officer #4 also responded to the Sunoco and parked a block away, from where he walked to the convenience store.
- At approximately 10:40 a.m., Officer #4 made entry into the convenience store with Officer #1 directly behind him. Immediately prior to entry, Bolen looked at the opening door and pulled out his chrome semiautomatic handgun.
- Once the officers fully entered the convenience store, Bolen began to run from the officers while brandishing his firearm. Both officers made multiple commands to Bolen to get on the ground and drop the gun while pursuing Bolen on foot.
- Bolen ran outside of the convenience store through the back door with Officer #4 leading the pursuit followed by Officer #1.
- Bolen continued to run from police. While he was outside between the Sunoco front entrance and the gas pumps, Bolen tripped and fell on the parking lot. Bolen was still brandishing his firearm while on the ground. Officer #4 continued to pursue Bolen.
- Once Officer #4 was approximately 25 to 30 feet away from Bolen, Bolen pointed his firearm directly at Officer #4.
- Officer #2 and Officer #3 exited their vehicle and were getting into a position to detain Bolen when Bolen ran through the back door of the convenience store. Officer #2 proceeded by the gas pumps when he observed Bolen pointing his firearm directly at Officer #4.
- Officer #2 then fired one shot at Bolen.
- Officer #1 moved beside Officer #2 on his right side at the gas pumps. Officer #4 moved back slightly while Officer #3 moved to his right and behind an ice machine by the front of the convenience store. Bolen got up and began to move towards his vehicle.
- Despite turning away from the officers to head towards his vehicle, Bolen kept his firearm pointed back in the direction of the officers.
- At this point, Officer #1, Officer #2, and Officer #3 discharged their firearms at Bolen. All shots fired occurred within approximately five seconds.
- Bolen got to the driver’s side of the gray Honda Pilot and then fell to the ground.
- Officer #4 commanded the officers to cease fire.
- Officer #1 could observe that Bolen still had his firearm in his hand and was positioning it towards his own head. Officer #1 was yelling for Bolen to drop the gun and “don’t do it.”
- Officer #1 then observed Bolen move the position of his firearm and let the other officers know that Bolen is pointing it towards them.
- After Officer #1 saw Bolen looking like he was trying to cock his firearm, he observed Bolen drop his gun.
- Officer #2 approached Bolen and kicked the firearm away from him.
- After securing the firearm and placing Bolen in custody to protect the officers and the public, officers began rendering aid to Bolen.
- Officers also called for EMS to respond, which they did.
- EMS took Bolen to UPMC Hanover, where Bolen eventually died from his injuries.
- An autopsy was performed on Feb. 4, after which the cause of death was determined to be multiple gunshot wounds.
In his review, Sunday said the video evidence is clear and uncontroverted.
"The officers were absolutely justified in using deadly force in this situation," Sunday said. "This incident again shows the bravery that law enforcement display on a daily basis to protect us from harm as they put their own lives at risk. Hanover PD showed great discipline in carrying out their duty to arrest a known armed individual and only engaged him with their firearms when absolutely necessary and to the extent required to protect themselves and the public.
"The entire shooting incident lasted seconds. The only time officers fired at Bolen was when he presented a clear, present, and imminent danger of death or serious bodily injury to the officers or any other innocent bystander.
"The officers involved from the Hanover Borough Police Department were justified in their actions and any criminal inquiry into this matter is officially closed."