COMMONWEALTH

OF PENNSYLVANIA
COUNTY OF YORK

YORK COUNTY
JUDICIAL CENTER
45 NORTH GEORGE ST.
YORK, PA. 17401
(717) 771-9600 Office
(717) 771-9738 Fax

Tom Kearney
DISTRICT ATTORNEY

MEMORANDUM
TO:

Trooper Steven Nesbit

Pennsylvania State Police
Carlisle Barracks
SNesbit@PA.gov
Sergeant James Cuttitta
Investigator Internal Affairs Division
Pennsylvania State Police- Harrisburg
JCuttitta@PA.gov

cc:

Lieutenant Nicole Palmer

Pennsylvania State Police
Troop H- York Barracks, Commanding
NPalmer@PA.gov
Media

FROM:

Tom Kearney
District Attorney of York County

DATE:

July 30, 2015

RE:

Death Investigation: Death of Joseph Vincent Penderghest III

Date of incident: August 9, 2014, approximately 1:12 am
Location: 6866 Reynolds Mill Rd, Springfield Township, York
County, PA
PSP Incident #: HO7-2318306

I am in receipt of the Pennsylvania State Police incident report HO7-2318306

hereafter referred to as Report, concerning the above referenced matter. After reviewing
the Report along with materials including, but not limited to the investigation report of
Trooper Nesbit, interviews of those who had contact with the deceased in the hours and
weeks prior to his death, the transcribed statements of the officers involved, the record of
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911 communications, the ballistics report prepared by the Pennsylvania State Police
Bureau of Forensic Services, computer downloads of the Tasers possessed by the officers
involved, the Autopsy Report and accompanying toxicology report, physical evidence
including items seized at the scene, scene photographs, the report of the firefighters
involved, a CD-R containing the MVR recording of this incident from a police patrol
vehicle, emails authored by the deceased in the weeks prior to his death, forensic
mapping of the scene, a report of Kevin Selverian, a Pennsylvania State Police use of
force expert, and after the District Attorney personally visited the scene of the death
shortly after it occurred, and observed the interview of Amber Stahl, the District
Attorneys office makes the following findings and recommendations:
STATEMENT OF THE FACTS
The nature of the incident and circumstances related thereto are best set forth in
the synopsis of the Report as completed by Trooper Steven Nesbit of the Pennsylvania
State Police which follows:
On 08/08/14, at approximately 1800-1830 hours, Joseph
Vincent PENDERGHEST III, (aka John) left 243 S. Charlotte
ST. Manheim, PA 17545, with Amber Lynn STALH and her 1
year old daughter Kiley Sophia RODRIGUEZ. They planned to
travel to the PENDERGHEST residence located at 10319
Westlake Drive #147 Bethesda, Maryland 20817. They were
traveling in a 2005 Mercedes Benz SUV bearing Maryland
registration 4BG7170. As they traveled through Hershey, PA
PENDERGHEST pointed to a building and stated the CIA
Headquarters. From that point, PENDERGHEST continually
made references to the CIA, FBI, and other Law Enforcement
Agencies. He believed those agencies were spying on him,
stalking him, and constantly following him. This paranoia
progressed during the trip and he began to accuse STALH that
she was working with these agencies. As they traveled on I-83
southbound they approached an active work zone. The left lane
was closed and the two lane traffic was restricted to one lane.
Just inside the work zone was a marked Pennsylvania State
Police cruiser with its emergency lights activated to alert traffic
of the construction zone. Seeing the marked cruiser intensified
PENDERGHESTs paranoia, and he started to drive his vehicle
in the closed right lane. As he approached exit 10, he observed
it was also closed with barricades and cones. PENDERGHEST
drove through the barricades and cones and continued to accuse
STALH of working with Law enforcement and being an
informant.
After driving past the barricades on the closed exit he stopped
the vehicle. While stopped, PENDERGHEST produced a
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handgun from his lap. He began to waive the handgun around

and towards STALH. He continued to talk about his paranoia
and accuse her of working with Law Enforcement. As he
waived the handgun towards her, she grabbed it and pushed it
away from her. As she pushed it back towards him the handgun
fired a single shot. STALH then reached into the backseat and
removed her daughter from the car seat position directly behind
Joseph. STALH ran from the vehicle and to the Rutters gas
Station located at 362 N. Main St. York, PA.
PENDERGHEST traveled up exit 10 and drove in an
unknown direction to Reynolds Mill RD. While driving north
in the area of 6866 Reynolds Mill RD. PENDERGHEST
intentionally crossed the yellow line and exited the east edge of
the roadway. Upon exiting the roadway he struck a large
evergreen shrub and a utility pole. The vehicle continued to
travel through a grassy area before it entered a parking lot. The
vehicle then struck one parked car in the rear end and
continued traveling into another parked car. It struck the
second parked car in the driver side and pushed it into a third
parked vehicle. The struck vehicles were parked in front of an
apartment complex. James Willard FITZHUGH resides in the
apartments and heard the loud noises created by the crash.
FITZHUGH contacted 911 and proceeded outside to check on
the operator of the crashed vehicle (PENDERGHEST). He
initially heard Joseph revving the engine, and when he opened
the passenger side door, PENDERGHEST was sitting inside
the vehicle holding a knife.
The 911 operator informed FITZUGH to back away and wait
for police to arrive. Troopers William COLVIN and William
WRIGHT were the first to arrive on scene. They observed the
crash and immediately attempted to make contact with
PENDERGHEST. They made contact with PENDERGHEST
and observed him to be holding a knife and actively cutting his
wrists. He was covered in blood and there was visible blood
inside the interior of the vehicle. Tpr. COLVIN gave
PENDERGHEST verbal commands to drop the knife and used
his issued OC spray. The OC spray did not have a noticeable
effect on PENDERGHEST, and he continued to hold the knife
and cut himself. Troopers COLVIN and WRIGHT continued
to give him verbal commands and then deployed their issued
Tasers on PENDERGHEST in another attempt to stop him
from harming himself. The Taser deployments were also not
effective and PENDERGHEST began to exit his vehicle
through the passenger side door still holding the knife. During
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their initial contact and as the situation continued, he

continually made statements of shoot me.
Troopers
COLVIN and WRIGHT continued to give him verbal
commands, and they transitioned from their Tasers to their
Department issued pistols as he exited the vehicle towards
them. PENDERGHEST exited the vehicle and brought his
knife up towards his chest. As he exited and brought the knife
up towards his chest he became a direct threat to Troopers
COLVIN and WRIGHT. PENDERGHEST then took a step
towards COLVIN and WRIGHT. At this point, he became a
threat to their safety and they fired several rounds to stop his
advancement towards them. They aimed for his center mass
and several rounds struck him. PENDERGHEST fell to his
back and lay on the ground. COLVIN and WRIGHT had
stopped his action and ceased fire. Trooper COLVIN utilized
his portable radio to summons EMS. He and WRIGHT then
attempted to move in on PENDERGHEST. As they stepped
towards him, he began to move and was still holding the knife
in his right hand. PENDERGHEST made several more
statements and would not respond to COLVIN and WRIGHTS
verbal commands. He got up and continued to move towards
COLVIN and WRIGHT with the knife in his right hand.
Trooper COLVIN fired one shot. The shot did not stop his
advancement. PENDERGHEST then lunged at COLVIN and
WRIGHT causing them to fire several more rounds. They
fired the rounds until PENDERGHEST stopped his
advancement towards them. He was fatally wounded by one or
more of the rounds.
Troopers COLVIN and WRIGHT then observed
PENDERGHESTs vehicle had caught fire. The fire was a
result of the crash. WRIGHT immediately retrieved the fire
extinguisher from the patrol vehicle and attempted to
extinguish the flames. Due to the blood on PENDERGHEST,
COLVIN put his gloves on and moved his body away from the
burning vehicle.
Corporal Alan TREES of PSP York arrived on scene.
PENDERGHESTs vehicle was checked for other occupants
and the residents of the apartment building were evacuated.
Two of the vehicles struck by in the crash were moved away
from the fire. The fire department responded to the scene and
extinguished the fire. Once the fire was extinguished the scene
was fully secured and not further disturbed. It was determined
PENDERGHEST was fatally wounded, and no medical
treatment was administered.
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Description of Scene:
The location of the incident is a red two story, wood constructed, 6 unit apartment
complex on the east edge of Reynolds Mill RD. The physical address for the apartment
units is 6876, 6874, 6772, 6870, 6868, and 6866. The complex has a large macadam
parking lot to its front with only one access point from Reynolds Mill RD.
There were several vehicles parked in the parking lot to include the three struck vehicles
which were a blue 2007 Saturn Aura, PA reg. JMG9012, a sliver 2004 Saturn Ion, PA
reg. JFZ3759, a blue 2013 Hyundai Sonata, PA reg. DBT0568, and Josephs black in
color Mercedes Benz. The Mercedes Benz and silver Saturn Ion were still in their final
resting positions from the crash. One bullet hole was observed underneath the shutter of
unit 6868. The path of travel was consistent with the direction of fire from Troopers
COLVIN and WRIGHT.
It was apparent PENDERGHEST traveled north on Reynolds Mill RD. As he
approached a slight right curve in the roadway he drove across the double yellow line and
exited the east edge of the roadway. Tire marks were observed in the grassy area located
on the east edge of Reynolds Mill RD. Upon inspection of those marks it was apparent
PENDERGHEST did not make any attempt to stop his vehicle or perform any steering
maneuvers. He traveled in a straight line into a large evergreen shrub. This did not cause
significant damage to the vehicle and it continued to travel in a straight path into a utility
pole. The vehicle struck the utility pole with the drivers side front end, causing damage
to the right front wheel. His vehicle continued to travel across the large parking lot and
struck the rear end of the Saturn Aura. After striking the Saturn Aura in the rear end, his
vehicle continued in the same direction of travel and struck the drivers side of the Saturn
Ion with its front end. The impact of this crashed forced the Saturn Ion into the Hyundai
Sonata that was parked directly beside it. While on scene the investigator learned the
Saturn Aura and Hyundai Sonata were moved from final resting location because of the
vehicle fire that had occurred.
The investigation then focused on the Black Mercedes Benz and an initial check of the
vehicle was completed. The registration displayed was Maryland 4BG7170. A check
indicated the owner of the vehicle was Preciosa Yap PENDERGHEST, of Bethesda, MD.
The passenger side door and the trunk lid were open and the drivers side window was
shattered and broken. The passenger compartment could be observed through the broken
window, open door, and open trunk lid. The front passenger compartment was damaged
from the fire. Blood was present throughout the area of drivers side seat to include on
the door, air bag and center console. Blood was also present on the passenger side front
seat and on the passenger side door. The blood inside the vehicle is consistent with the
statements that PENDERGHEST was actively cutting his wrists at the time of Troopers
COLVIN and WRIGHTS initial approach. Also observed was a black handgun on the
drivers side floor. The handguns slide was locked open but could not be further viewed.

Additionally there were several personal items inside the vehicle and a childs seat in the
2nd row drivers side.
The vehicle was seized as evidence and removed from the scene by a tow truck. It was
transported to PSP York Barracks where a search warrant would later be executed.
At the time investigators arrived, the deceaseds body was still present at the scene
where it had been moved by the Troopers to avoid the vehicle fire. Just outside the
passenger side door of the deceaseds vehicle, investigators observed several pieces of
evidence on the macadam. The items of evidence had already been identified by
members of the Troop H/Forensics Unit and marked. Those items included Taser probes,
Taser cartridges, bullets, spent shell casings, and a black in color knife
To the right of PENDERGHESTs body investigators observed a marked PSP unit.
The marked unit was H7-11 and was parked in a north east direction. It is equipped with
an MVR unit and the unit was fully functional. The incident was fully audio and visually
recorded by the MVR unit.
The deceased was wearing black military style boots, black jeans, a black belt with a
Harley Davidson belt buckle and black leather OC spray holder and OC spray canister, a
blue long sleeve shirt, a black ballistic vest, and a black t-shirt with an unknown design
on it. He had several rings on his right hand. Investigators observed him to have what
appeared to be Taser wire wrapped around his ankles. He was also observed to have a
deep laceration to his left wrist. The ballistic vest and blue long sleeve shirt were blood
soaked. His neck had a laceration on its right side and his face was blood covered with
what appeared to be a bullet wound to his forehead. Also observed was a bullet wound to
his cheek and right ear.
Upon checking PENDERGHESTs body and pockets, several items were discovered.
Those items included another canister of OC spray, a money clip containing US currency,
and a wallet containing a photo drivers license and numerous cards containing the name
Joseph PENDERGHEST. All items were placed into evidence.
The entire scene was photographed by members of Troop H/FSU. The scene was also
sketched and documented by members of the Troop H/C.A.R.S unit.

Interviews:
Amber Lynn STAHL
On 08/09/14, 0339 hours, Amber Lynn STAHL, age 21, was interviewed at PSP York
Station. She had been with PENDERGHEST that evening and as a result of her
interaction with him, had made contact with police.
6

When asked, Amber related she referred to Joseph PENDERGHEST III as John.
She knew him through Jacqueline SHAY. She related Jacqueline is like a mother to her
and John was Jacquelines ex-husband. She has known John on and off for several years.
She did not always see him and did not have contact with him from the age of 14-18. She
was in the care of the State of Pennsylvania. It was not until the past two years did she
start seeing and talking to him again. She was pregnant and started to see him and they
would talk. She related it was not until the past couple months did she actually start
having real conversations with him. When asked, she related he was a nice, fun guy who
seemed pretty normal. He was even giving her money to buy birthday gifts for her baby
daughter.
She related his wife left him in the past two weeks. He became depressed because she
just left him without telling him where she was going, leaving a telephone number, or any
other contact information. When asked, she related she thought his wifes name was
Precious. When asked, she didnt know John to drink much alcohol, do drugs or other
illegal substances.
She related on Friday 08/08/14, he asked her to go to his house in Maryland to pick up
several rifles. Because she is 21 with a clean background he asked her to go. They left
her residence after 1800 hours and she took her one year old daughter with them. She
related John talked about going to get his rifles and taking them to a storage facility.
When asked, she was not sure where he was currently staying other than staying a few
nights with them. She related John was not currently working anywhere. He had told her
he had worked for NASA in the past. He told her wanted to get a job in a tattoo shop in
the near future.
She related as they drove to Maryland everything was fine until they got to Hershey,
PA. While driving through Hershey he saw a building and stated this is where the private
investigators work. He stated the private investigators are after him. The idea that
people were following him progressively worsened. As they got closer to York, PA he
started to accuse her of working with the CIA and Police. She continually denied
working with any of the agencies he mentioned. He also started to say cars were
following him. He continued to state the brown cars were following him. As they
approached an active construction zone they observed two State Troopers with their
lights on. Amber knew this was a usual occurrence in the construction zone, but it
furthered Johns paranoia.
STAHL related that prior to passing the first State Trooper, PENDERGHEST stopped
in the roadway and stated, Im going to turn around right now. Amber STAHL related
she told him he couldnt just turn around or back up because it was the interstate. He
then told her she was working with them, and that, they are going to pull me over, and
I wont go down without a fight. Once he passed the parked State Trooper,
PENDERGHEST told her she was lucky. As they continued to travel through the
construction zone, the two lanes became restricted to one. PENDERGHEST began to
7

drive through the cones and into the restricted area. He told STAHL, they are only
supposedly blocking the road off and they only want you to think its blocked off.
Amber STAHL related that PENDERGHEST kept telling her she was working with them
and she wanted him to get busted. As they approached I-83 exit 10, PENDERGHEST
observed the exit to be blocked off. According to STAHL, PENDERGHEST believed
the road was being barricaded for a reason, and he knew it wasnt supposed to be
barricaded. She continued to tell him not to drive through it, and she told him he
shouldnt be driving in the restricted area. John PENDERGHEST still drove through the
barricade, and STAHL yelled at him for it. He then stopped his vehicle, put it into park,
and told her she was working with them. He then pulled out a handgun from under his
lap. She didnt know he had one, nor did she ever see him with one before. He was very
agitated, waved it around, and further accused her of working with the police. He stated
he was going to kill himself and hurt himself. He stated he couldnt trust anyone and
continued to wave the handgun around in her face. She related she pushed his hand and
gun away from her face. As she pushed his hand down, the gun went off. She related she
immediately jumped into the back seat and grabbed her daughter. She said was afraid he
was going to shoot her, and she didnt trust him. She ran with her daughter away from
his vehicle.
STAHL continued to relate that she then jumped over a stone wall and a fence. She
related she ran near a cornfield and a small orchard. She then saw a Rutters gas station.
She walked up to the Rutters and got a slip of paper with the address. As she looked
around she saw a house with several people outside smoking. She approached the males
and told them her car broke down and she needed to use a phone. She related she
initially lied to the people because she wasnt sure if she should tell them what really
happened. They let her into the house and she contacted Jacqueline SHAY. Upon telling
her what happened she told her to contact the police. She related before she called the
police she told the people at the house what happened; they werent happy that she lied to
them but they said you need to contact the police.
STAHL also related the gun was in his legs the whole time because he never got out or
reached for anything. She related the gun shot went towards the floor. They had normal
conversation until they passed the area of Hershey Park. She related that Jacqueline
SHAY did tell her about PENDERGHEST having anger issues, but she had never saw or
knew him to do anything like he did tonight. She related PENDERGHEST does not like
to talk on the phone or even text very much.
Jacqueline Elizabeth SHAY
On 08/09/14, at 0406 hours, investigators spoke to SHAY, age 42, at PSP York
Barracks. She was not informed of Josephs death but was advised that members of PSP
York did have interaction with him.
STAHL had initially contacted her after Joseph fired the handgun in the vehicle.
STAHL provided her with the details of what happened up until the point she fled the
8

vehicle. STAHL then asked her to pick her up, so Jackie SHAY, and her husband, Roger
SHAY, drove to PSP York Barracks. Upon her arrival and briefly speaking with
members at PSP York Barracks, it was learned Jacqueline was Josephs ex-wife.
After obtaining the above information a recorded interview was conducted. When
asked, SHAY related she has known Joseph PENDERGHEST, whom she refers to as
John, for 20 years. She was married to him for 12 years
When asked about abnormal behavior or him having mental issues she related the
following information: He would get mad out of the blue, flip out, she was abused by
him several times, he would just act crazy, one minute he would be smiling the next it
seemed like Satan entered him, they would get into fights and he would hit, punch or kick
her, immediately after he would act like nothing happened and have no remorse.
After their divorce they became close friends. Since the divorce they have had a great
relationship. He was always welcome at her and Rogers home. When asked, she related
this last mental episode occurred when his wife left him about two weeks ago.
He came to her house on Monday, 08/04/14 or Tuesday 08/05/14. She related that
PENDERGHEST looked like he hadnt slept in days. They had done methamphetamine
in the past, and he was known to stay up for 12 days at a time. She asked him if he was
doing drugs again, but he just said people were following him. He told her brown cars
were following him all the time. She told him to take a shower and after he again talked
about people following him and the brown cars. She knew he had problems but thought
he was probably sleep deprived. She told him to just go to sleep and she would talk to
him in the morning.
SHAY related, When he woke up this morning he was fine and everything seemed
good. And that, He left the house but came back that eveninghe slept again and
seemed to be doing betterhe was still talking about people following him but it wasnt
as bad. According to SHAY, on 08/08/14, PENDERGHEST woke up and was fine, he
slept pretty well, and he got a shower. She related he did not eat though. She states that
she did not see him eat, and knew that he would fast for days at a time; on one occasion
he fasted for 40 days. SHAY related that today he seemed fine though. She related it
almost felt like it was the calm before the storm.
When asked, SHAY related PENDERGHEST really started talking about the brown
cars following him when he first arrived Monday or Tuesday. He was referring to the
people in the vehicles as gang stalkers. He told SHAY he was doing research on the
computer and finding information about it. He also thought his wife was involved in the
gang stalking. He thought she was involved in the plot to have him killed. He further
thought she was giving hand signals to the gang stalkers as they drove in the car.
SHAY related she tried to talk him about this paranoia and thought she had him talked
out of that way of thinking. She thought he just needed to get some sleep. According
to SHAY, even though he was sleeping some, PENDERGHEST was still on his computer
9

all the time. He was calling private investigators, and lawyers. He was calling them and
asking for their help in reference to the brown cars following him.
According to SHAY they all told him to seek professional help, but he would not.
When asked, she didnt think he was using any drugs as she did not see any signs of drug
use, but related it was possible. She just did not think it would come to him shooting a
weapon inside a vehicle.
When asked, SHAY reiterated PENDERGHEST came to her residence on Monday or
Tuesday. She was not sure where he was staying prior to coming to her residence. She
related he did not really trust many people outside her and Roger. She believed he felt
very comfortable in her home. When asked, Jackie related Joseph never sought any
professional help for his mental issues because he thought he was a genius, he was
always a straight A student, and even worked for NASA. SHAY related
PENDERGHEST was very intelligent and he himself did not think he was crazy.
When asked, specifically about the last 24 hours with Joseph PENDERGHEST, Jackie
SHAY related the following: Last night he got in at midnight and slept for 5 to 6 hours.
She and Roger SHAY had woken up early that morning. Roger SHAY had to work and
they left their house around 0700 hours. She drove Roger SHAY to work and returned to
the house around 0830-0900 hours. Upon her return, she was in the kitchen when
PENDERGHEST came out to talk with her. He told her he was feeling good and asked
her if she felt awkward that he was here. She told him, No youre my best friend. The
conversation continued like that and was a bit weird.
He then went into the living room and was on the computer. When she asked, he told
her he was on the computer to look for his wife, Precious. As the day continued Joseph
wanted to go get some ink caps. The ink caps were for tattooing and were at his house in
Maryland. Amber STAHL was staying with the SHAY family, and PENDERGHEST
asked STAHL to go with him. He also asked if Jackie SHAY and her daughter wanted to
go, but she said no. She related STAHL is old enough to make her own decisions so she
went.
She thought they left the house around 1800-1830 hours. When asked, she related
STAHL does not have a cellular telephone but PENDERGHEST does. He, however,
though his phone was bugged so he kept it off most of the time.
She related PENDERGHEST had a bug detector and actually checked her house for
bugs. When asked, she related the trip should only take two hours. She did not have
contact with STAHL until sometime around midnight.
STAHL called her and said PENDERGHEST was talking about people following him.
SHAY did recall she had an awkward conversation with PENDERGHEST two days
prior. He told her if anything happened to him he wanted her to have certain possessions
of his. He even told her where his gravesite was. She attributed the awkward behavior to
him not sleeping and his mind being whacked. He gave her some papers and she put
10

them in the safe at her residence. When asked, she related he had talked like that before.
He had been in jail and said he would not go back, and would kill himself before he
would go back. She was not aware of him attempting suicide in the past.
SHAY related PENDERGHEST told her a story a while ago. He told her he took a
bunch of Tylenol and drank alcohol until he went to the hospital. He told her he
intentionally did it because of his wife. She was not sure if it was true, but when he did
visit he looked terrible. After that visit he did not see him for a month, and then he just
popped back up at her house. She admitted their relationship is a strange one, but his
family turned their back on him. She told him she would always be there for him. She
was not sure if he was currently working. SHAY related he would tattoo for money and
gave her and Roger SHAY several tattoos. When asked, she related she had been to
PENDERGHESTs house one time, but did not know his current address.
When asked, Jackie SHAY related she only knew Joseph PENDERGHESTs wifes
name as Precious. Precious was from the Philippines. When asked, she related Precious
probably left because of the abuse but she did not know for sure. Joseph
PENDERGHEST and Precious, as related by SHAY, have been married for close to 5
years.
When asked, SHAY said she was not concerned for STAHLS safety when she left the
house today. She said PENDERGHEST was having a good day, laughing, smiling, and
being the old Joseph. She would have gone with STAHL and PENDERGHEST also,
but Roger SHAY was working. Due to her daughters custody agreement, she was not
allowed to go with anyone else.
As we closed the interview Jackie SHAY related she felt he was gone, and she would
have to prepare his burial. She felt if he hadnt died he was at least gone mentally. She
said Joseph wasnt always like this and thought he just finally lost it. When asked, she
related Precious did get him a couple firearms. She didnt think Joseph could get any
firearms because of his criminal record. She related he didnt have any felonies but if he
went back to the state of Washington he could be arrested for his criminal background.
She did not see him with any handguns over the past couple of days.
Roger Mark SHAY
On 8/9/14 at 0434 hours, Roger SHAY was interviewed. SHAY related that he had
known PENDERGHEST for 20 years. SHAY stated that for a lot of those years he had
not really seen him. SHAY related that PENDERGHEST was always kind of high
strung. SHAY related that recently, PENDERGHEST was more paranoid for whatever
reason. SHAY related that PENDERGHEST was down and out because his wife had left
him. SHAY stated that was why they left him stay at their house. SHAY related that if
PENDERGHEST did not sleep he would get worse. SHAY stated that PENDERGHEST
was getting sleep while he was at the house.

11

SHAY stated that PENDERGHEST was paranoid the last two weeks. SHAY further
related that PENDERGHEST thought he was being followed by brown cars (CIA).
SHAY stated that he believed that PENDERGHEST was delusional. SHAY stated that
he thought it was because of a lack of sleep. SHAY indicated that PENDERGHEST
would go days without sleep. SHAY stated that on this day he seemed fine. SHAY
related that PENDERGHEST was in a good mood. SHAY stated that he was at work and
when he got home from work, he was in a good mood. SHAY related that he got home
from work around 1715 hrs. SHAY stated that he did not interact much with
PENDERGHEST on the day he died. SHAY indicated that he fell asleep because he put
in some long hours after he got home from work.
SHAY related that he was asleep when PENDERGHEST left. SHAY stated that he was
awakened by his wife. SHAY explained that his wife told him that PENDERGHEST
tried to kill Amber. SHAY stated that he was told that PENDERGHEST pulled a gun,
waived it around and threatened to kill her. SHAY stated that is all he knew until he got
up there. SHAY related that he started to hear other bits and pieces when he got to York.
SHAY stated that PENDERGHEST has talked before about suicide. SHAY stated that
PENDERGHEST told him he wanted them to take care of his things if anything
happened to him. SHAY stated that PENDERGHEST was good at stashing money.
SHAY indicated that PENDERGHEST had some good jobs with NASA contractors.
SHAY related that PENDERGHEST was very smart and had a high IQ. He further
related that PENDERGHEST did not trust banks and would stash cash. SHAY stated
that he never asked him about where he got his money because it was not any of his
business.
Shay related that he did not even know where PENDERGHEST lived. SHAY stated that
his wife may have been to PENDERGHESTS house once but, he indicated that his wife
was not good with directions.
SHAY related that the last day or two, he felt that something was not quite right with
PENDERGHEST. SHAY stated that PENDERGH4EST talked about being followed by
brown cars. SHAY related that he was not aware of any issues that PENDERGHEST had
with the police.
SHAY stated that the last few days he did not have much interaction with
PENDERGHEST because he was working.
Amber STAHL re-interview
After the interview of Roger SHAY, investigators spoke again to Amber STAHL. This
occurred on 08/09/14, at 0427 hours at PSP York Barracks.
When asked, STAHL related during their drive from Manheim to York, John was all
over the place. She related he kept saying the cars were following him and he was
weaving in and out of traffic and weaving from road to road. She was not sure where she
12

was for most of the night. She knew Hershey pretty well but after that she was not sure
where she was until they were closer to York. She related he seemed to be just driving in
circles around York.
When she asked him he kept saying they were going to Maryland but he was trying to
lose the cars that were following him. Even when there were no lights behind him, he
explained that they were still there they are just driving with their headlights off. STALH
related she kept telling him no one was following him, but he would not listen to her.
When asked, she related when he started acting crazy he did use his cellular telephone.
He told her to call his mother and father. She related no one was answering the calls. He
was telling her he knew where the CIA headquarters was. He told her to make sure
everyone knows where it is.
He told her he wanted to thank his mother for giving him life. He told her he loved her
but didnt think the outcome was going to be good tonight. He said all this right before
he stopped the car and fired the shot. When asked, she was able to clarify that she did not
see him cut himself but did hear him say he was going to cut himself. He was also saying
he was going to kill himself.
She related she thought to herself, What if he was trying to stab me? She couldnt
defend herself, and thats why she just took her daughter and ran away. She thought he
probably did cut himself, but was not sure. She was only worried about getting the gun
away from her and her daughter.
STAHL did advise she had two bags inside the Mercedes Benz. The bags contained
personal items that included her and her daughters social security cards and other
important documents. She asked to be contacted when the property could be released to
her.
Michael Todd BOOR
Police Communications Officer
On 08/09/14, at 0716 hours, investigators spoke to BOOR at PSP York Barracks.
BOOR is a Police Communications Officer at the York Barracks. He had received
telephone calls, radio traffic, and related information for this incident.
When asked, he related the first call he received about this incident was from a resident
at 6866 Reynolds Mill RD. The female caller stated she heard and felt a crash outside her
residence. The crash shook her house. She related it sounded pretty bad and it seemed
like the operator of the crashed vehicle was trying to flee the scene. BOOR related he
could hear a vehicle engine revving in the background of the telephone call.
While obtaining this information he checked his computer to see what PSP York patrol
unit was close to the incident. He related Troopers COLVIN and WRIGHT were in the
13

southern part of the county and the closest available unit. He dispatched them the known
information, they acknowledged and went in route. He also sent a message to the
midnight zone car. They were in the north end of the county. He advised the occupants
of the midnight zone vehicle that the operator may be trying to flee the scene and their
assistance maybe needed.
Troopers COLVIN and WRIGHT were on scene in 5 or 6 minutes. He didnt have
radio communication with COLVIN or WRIGHT until they asked for EMS assistance
and the vehicle was on fire. While Troopers COVIN and WRIGHT responded to the
scene, he was advised by York County 911 that another resident at Reynolds Mill RD
(6870) contacted 911. The resident reported the car was on fire and the operator of the
crashed vehicle was trying to cut his wrists.
York County 911 advised with this information they notified Fire and EMS to respond
to the scene. He provided the information to all the responding Troopers via the radio.
COLVIN and WRIGHT called via the radio that they were on scene. Shortly thereafter
they asked for EMS. BOOR related he already knew EMS and Fire were in route. He
did not hear much on the radio and Cpl. Alan TREES arrived on scene and then York
County 911 was calling back for an update. Cpl. TREES advised the car was fully
engulfed and the operator was deceased. Cpl. TREES then called him via telephone and
gave him the information of what happened. He then started to contact the chain of
command.
After Cpl. TREES arrived and several minutes after the incident occurred he received a
call from Amber STAHL via telephone. STAHL advised she was with a family friend.
His first name was John. His last name started with a P but she was not sure what it was
or how to pronounce it. She related she was traveling with John to transfer weapons.
The car ride started getting strange. He then stopped the car and threatened her with a
gun. She got out of the car with her baby and ran. BOOR related he provided this
information to Cpl. TRESS and they picked her up and transported her to PSP York
Barracks.
Trooper Harold FLEMING, Jr.
PSP-York Barracks, Patrol Unit
Also interviewed as part of the investigation was Trooper Harold FLEMING Jr.
Trooper FLEMING was in the midnight zone vehicle referenced in the statement of
Michael BOOR. This interview was conducted on 08/09/14, at 0725 hours at the PSP
York Barracks.
When asked, FLEMING related he was working his scheduled midnight shift, 23000700 hours on 08/09/14. He was partnered with Tpr Jonathan CONFER. They were in
PSP York Marked patrol unit H7-16. FLEMING advised they heard the radio
communication for the initial call. He and CONFER drove to the scene to assist if
necessary. As they traveled they heard the updates provided by PCO BOORS and radio
14

traffic asking for EMS. They did not arrive on scene until after the incident took place.
PENDERGHEST was deceased and his vehicle was engulfed in flames. He assisted with
securing the scene and the crime scene entry log.
Cpl. Alan J. TREES
PSP York Barracks, Patrol Unit
On 08/09/14, at 0732 hours, investigators spoke to Cpl. TREES at PSP York Barracks.
When asked, TREES related he was advised of a crash on Reynolds Mill RD. around
0100 hours.
He was advised the vehicle had crashed into parked cars and the operator was revving
the engine. They got further information that the operator had a knife and was cutting his
wrists. Tpr. COVLIN and WRIGHT arrived on scene and soon after called for EMS to
respond to the scene. With this information he responded to the scene.
Upon his arrival he observed the operator was out of the vehicle and his vehicle was
engulfed in flames. He immediately checked on PENDERGHEST and observed him to
be deceased. He then approached the Mercedes Benz SUV and checked it for other
passengers, evacuated the residents from the apartment complex, moved the parked cars
away from the fire, and secured the scene.
He then obtained a brief statement from Tpr. COLVIN. He was advised by Trooper
COLVIN that the operator had cut himself and he approached them with a knife. Tpr.
COLVIN and WRIGHT felt they were in immediate danger and fired several rounds at
the operator to stop his advance towards them.
James and Cynthia FITZHUGH
On 8/9/14 at approximately 0406 James and Cynthia Fitzhugh were interviewed at their
residence in the apartment complex where the incident took place. He related that he and
his wife were already at home in bed when the incident occurred. He related only he and
his wife reside here. He was close to falling asleep when he heard a loud noise outside.
The satellite TV went out. His wife got up out of bed and said the lights were out. He
got up and came down stairs. He looked outside and saw a crashed vehicle in the parking
lot outside his door.
He related that his vehicle had been struck by the vehicle. He heard the vehicles engine
revving over and over. He went out to the crashed SUV (PENDERGHESTs vehicle)
and went to the driver side. He observed PENDERGHEST behind the wheel and
conscious. FITZHUGH related that the driver was staring at him with a daze. He
thought the driver was on something or at the very least dazed from the crash, he was
not sure. FITZHUGH attempted to make contact with the driver by asking him if he was
ok and if he needed help. The window was up and the drivers door was closed.
FITZHUGH related that the driver continued to rev the engine.
15

FITZHUGH then went to the front passenger side of the vehicle and opened the door and
tried to make contact with the driver. FITZHUGH observed that PENDERGHEST had a
knife in his right hand. He then spoke with 911 and told them what was going on. He
related that he was advised by 911 not to have any more contact with the driver of the
vehicle. FITZHUGH related they waited for the police to arrive. During this time the
driver of the vehicle was continuing to rev the vehicles engine.
The police arrived and he observed two officers. They made contact with the driver of
the vehicle from the front passenger side of the vehicle. FITZHUGH related that the
officers gave commands to the driver to drop the knife numerous times. The officers
used pepper spray on the driver. The officers gave more commands to drop the knife and
turn the car off. He saw the officers have their Tasers out and gave more commands to
the driver to drop the knife. The officers deployed their Tasers multiple times.
FITZHUGH related he could hear the Taser firing.
The officers gave more commands to the driver to put down the knife and get out of the
vehicle. FITZHUGH related he observed the officers get their guns out. He related he
heard the officers give more commands. He saw both officers firing their weapons. He
could not see where the driver was at that time. FITZHUGH related that the officers
gave more commands to the driver to drop the knife and then there were more shots. The
vehicle started to catch fire at which time the officers dragged the driver away from the
vehicle.
While speaking with James FITZHUGH his wife Cynthia FITZHUGH came downstairs.
Both consented to a recording of their statements. An Olympus digital recorder was
used.
James FITZHUGH related the same as reported earlier but also related that during his
encounter with the driver at the passenger side of the vehicle, he observed the driver with
the knife in his hand across his lap. When he tried speaking to the driver he turned his
hand so the blade was pointed upward. He said the knife was a double edged blade. He
shut the door and went and spoke with 911.
Cynthia related that at this time the driver kept repeatedly revving the car engine. He
related that he told 911 that the driver had a knife. James and Cynthia both related that
they were outside the entire time the police officers interacted with PENDERGHEST at
the scene. James and Cynthia both related that the officers were giving repeated
commands and they could hear the commands from where they were standing.
They were unsure what made the driver exit the vehicle. They could not see what the
driver was doing at that point but that the officers repeatedly gave commands to the
driver to drop the knife. They both witnessed each officers firing their guns. I walked to
the front door of the apartment at which time James and Cynthia pointed out where they
were standing and the vantage point they had of the incident. They demonstrated that
they were on the concrete walkway outside of their front door. Cynthia related that she
16

could see the driver of the vehicle getting angrier and angrier. She could see the smoke
in the car.
Cynthia moved her arms shaking back and forth from front to back to demonstrating how
the driver was moving while in the driver seat. She related he may have been beating
down the air bag. They explained that they were viewing PENDERGHESTs vehicle
from the rear and the officers would have been standing near the front passenger side
door of the vehicle. They explained that their car which had been struck by
PENDERGHEST was pushed parallel to its original parking position. They explained
that the officers were standing approximately where PENDERGHESTs body is currently
positioned when they fired their weapons.
Cynthia related she could see the top of the officers heads over the top of the car but she
could not see what made PENDERGHEST exit the vehicle. They related that they have
never seen PENDERGHEST before nor seen his vehicle at the apartments before. James
related that he felt the police acted the way they were supposed to.
Beverly Jane CASTRIOTA
On 8/9/14 at approximately 0656 hours Beverly Jane CASTRIOTA was interviewed at
her residence in the apartment complex. The residence is approximately 150 yards or
more away from the street. She related that she was in bed sleeping when she heard a
noise that she thought was an explosion or a crash at approximately 1:10 1:15 am. She
couldnt see anything out of her windows to the front or side of the residence. Her
bedroom is on the second floor. Her son lives with her but he was not at home that
evening. Approx. 10 minutes later she thought she heard something again so she opened
a window of her bedroom. She could hear voices saying to put it down now. She
thought she heard the word knife. She said the voices were calm and demanding, not
screaming. She heard 4 to 5 gunshots. She did not go to the scene.
Audrey Lee WHITE
On 8/9/2014 at 0420 hours Audrey White was interviewed inside a residence in the
apartment complex. WHITE was staying at the residence until she could return to her
home.
WHITE related on 8/8/2014 at 0100 hours she stopped reading and was going to bed.
She said she left the front bedroom at 0110 hours and heard a horrific crash. The whole
building shook and then her power went out. She got her flashlight and looked out the
front window. WHITE saw a vehicle crashed but couldnt see if someone was inside the
vehicle. The vehicle was revving. She got her trac phone and called 911. She told 911
someone was in the vehicle and the vehicle was racing, as if trying to get away. Then she
smelled burning. WHITE was asked what vehicle she was referring to, she said a black
SUV. WHITE said she was scared the vehicle may blow up.

17

WHITE then ran up to her bedroom to get dressed. She went back downstairs and pulled
the blind to see outside. She heard someone yelling; turn the car off, repeatedly. The
vehicle was not off and she noticed the police came. WHITE then heard the police say
turn the car off. WHITE said the police were then yelling, drop the knife. She said she
heard the police repeat this many times. She looked out the window again and saw
flashlights pointed at the vehicle. She then saw the person was still inside the vehicle.
She heard police say again, drop the knife.
WHITE then felt she needed to get away from the window and went to her kitchen to call
Adams Electric. She then heard loud pops, maybe gunfire. WHITE heard banging on
her door. She went to open the door and saw fire. She opened the door and heard police
telling her she needed to get out and where were her keys to move her car. WHITE said a
neighbor was banging on her back door yelling to get out of the house, fire. WHITE then
went to the back door. There she met with a neighbor and police. WHITE left her
residence and remained at the back of the apartment complex for a while. She contacted
her landlord. WHITE said she eventually went to a grassy yard along the side of the
complex to stand with neighbors. WHITES vehicle was struck and damaged by the
deceased vehicle. .
Ellen Ruth SMITH
On 8/9/14 at 0440 hours Ellen SMITH was interviewed at her residence in the apartment
complex.
SMITH related on 8/8/2014 after 0100 hours she heard a boom. She then heard a car
engine and thought the neighbor didnt shut it off. SMITH went to her sons bedroom, at
the front of the residence, second floor. From the window she saw a vehicle crashed.
She realized the lights were off. She went downstairs and saw the kitchen lights on.
Only half of the house electric was off. SMITH opened the front door a crack to look
outside. She saw the vehicle rammed into a parked vehicle. A neighbor guy said he has
a knife, get back into your house. SMITH said she shut the door and went upstairs to
her sons bedroom. She was watching out the window as the police came. SMITH said
she was talking on her phone with her fianc, as she watched out the window.
SMITH said she saw two police go towards the vehicle shouting. She couldnt
understand what the police were saying. SMITH said she figured the police tased the
driver. She saw Taser wires between the police and vehicle. She saw the guy crawl out
of the vehicle, onto the ground. She noticed the guy had his arm behind his back,
possibly his left arm, as he was reaching for something. Then the guy was on his
stomach. He then started to get up to go towards the police. She heard the police still
hollering at the guy. She then heard pop, pop, pop. She then went back into her
bedroom until her fianc arrived.

18

Matthew James KITTS

On 8/9/14 at 0520 hours, Matthew KITTS was interviewed at his residence in the
apartment complex. KITTS stated that his wife heard a loud noise.
He related that the power went out inside their residence and they could hear a car
revving. KITTS stated that he then heard people screaming hes got a knife. KITTS
further related that approximately 2 minutes later the cops showed up. KITTS stated that
he heard the Troopers tell the guy to drop the knife. KITTS explained that he was
outside when this was occurring. KITTS further related that he began to back inside his
house and was close to his front door when he heard two shots fired. KITTS stated that
he then heard three more gun shots.
Zuyely ALVARADO-KITTS
On 8/9/14 at 0520 hours, I interviewed ALVARADO-KITTS at her residence. She
related that she observed the guys (PENDERGHEST) arm moving around. She related
that the guy (PENDERGHEST) fell down, got back up and began moving towards the
Troopers. ALVARADO-KITTS further related that she then heard three more shots.
ALVARADO-KITTS stated that the Troopers were yelling at the guy to put the knife
down. ALVARADO-KITTS related that she could not recall if the guy
(PENDERGHEST) said anything. ALVARADO-KITTS reiterated that the Troopers kept
saying put the knife down.
Karen Hubler CHRONISTER
On 8/13/14 at 1305 hours, Karen CHRONISTER was interviewed on the telephone.
CHRONISTER resides northeast of the scene off the east side of Reynolds Mill Rd.
CHRONISTER advised that she was home when this incident occurred. CHRONISTER
explained that she fell asleep in her living room which is located in the most northeastern
part of the residence on the first floor.
CHRONISTER indicated that while she was asleep on the couch she awoke to a loud
bang outside coming from the area of the scene. CHRONISTER noted that she walked
to her front door and heard another bang. CHRONISTER related that she peered
outside in the area of the scene and observed two (2) vehicles in front of the apartment
building and heard an engine revving. CHRONISTER thought it was unusual and went
upstairs to her bedroom located in the southwest portion of the residence.
CHRONISTER indicated that she laid down on her bed where she remained until she
heard shouting. CHRONISTER explained that she heard put the knife down
approximately a dozen times. CHRONISTER related that she then heard gunshots.
CHRONISTER noted that when she went to her window the only thing she could see was
a fire in the vicinity of the Deceaseds car close to the apartment building.
CHRONISTER advised that she was sober when she made her observations and had a
clear view of the scene.
19

CHRONISTER voluntarily mentioned that she felt the PSP Troopers involved were very
professional. CHRONISTER advised that it was not chaotic; the Troopers were assertive
and calm. CHRONISTER noted that the Troopers were not aggressive or bullying in
any manner toward the person. CHRONISTER explained that she could clearly
understand them and through their actions she felt protected. CHRONISTER advised
that her friend, Anna URQUHART, who stayed the night at her residence witnessed the
incident. .
Anna Carrie URQUHART
On 8/13/14 at approximately 1545 hours, Anna URQUHART was interviewed on the
telephone. URQUHART advised that the night this incident occurred she was at the
CHRONISTER residence in the apartment complex. URQUHART related that she was
sleeping in the 2nd floor bedroom located on the west side of the residence. URQUHART
explained that she awoke to the sound of a car crash on the roadway outside the
residence. URQUHART could hear an engine revving from the direction of the scene for
approx. 5 minutes and she presumed initially that it was kids. URQUHART indicated
that she didnt get up until she observed emergency vehicular lighting.
URQUHART mentioned that she has a clear, unobstructed view of the scene and
estimated it to be approx. 150 yards from her location. URQUHART noted that when
she observed the police car she witnessed two Troopers exit the car and approached the
passenger side of an SUV in front of the apartment building. URQUHART advised that
she observed one of the Troopers back up and say put the knife down. URQUHART
explained that throughout the entire encounter she heard put the knife down
approximately 10-12 times.
URQUHART observed the Troopers to be pointing their firearms toward the direction of
the SUV. URQUHART indicated that she observed the passenger front door of the SUV
to be open and observed movement in the front seat of the SUV. URQUHART
mentioned that she observed the deceased exit the passenger front area of the SUV and
lunged out of the car toward the Troopers. URQUHART noted at that time she
observed the Troopers discharge their firearms. URQUHART related that she couldnt
tell if the Deceased had anything in either one of his hands.
URQUHART advised that after the Troopers fired the deceased remained face down on
the ground. URQUHART explained that one Trooper was looking at the deceased and
the other Trooper continued to point his gun at the deceased. URQUHART indicated that
she observed flames under the vehicle the deceased exited. URQUHART observed one
Trooper return to the patrol car to obtain a fire extinguisher to dowse the fire but it
appeared ineffective.
URQUHART was sober when she observed the incident and was also wearing her
glasses. URQUHART noted that she was interviewed by news media but only did a
20

concealed identity on-camera witness account of the same events she told the
investigator.
URQUHART also mentioned during the interview that the Troopers appeared very
controlled and professional. URQUHART noted that the verbal commands they gave the
deceased were clear and concise.
Preciosa PENDERGHEST
On 8/10/2014 at 1615 hours Preciosa PENDERGHEST was interviewed via telephone.
Preciosa is the estranged wife of the deceased. Preciosa related she had just landed in the
Philippines. She advised she had had contacted Jacqueline SHAY and learned of
Josephs (John) death.
She advised they have been having marriage problems and she had left John for a while
hoping he would calm back down. John was having problems thinking and was
paranoid. Preciosa went on to describe John as a very paranoid person that believed she
was cheating on him and Law Enforcement (CIA, FBI, Police) were following him. He
even believed she was gang stocking him and assisting the above agencies.
She related John subjected her to verbal domestic violence on a regular basis. He would
not allow her to work, have a phone, or have much contact with people in general. When
asked, she related his behavior was getting worse and she left the residence last week.
She has left in the past and gave him a week or two and he would calm back down. She
left this time and decided to go back to the Philippines to visit her family. She was
planning on returning but nor for a little while.
When asked, she related she had purchased a handgun and John would carry it with him
on occasion. She was not sure what the handgun was or what it looked like. She also
related he would wear a ballistic vest all the time. When asked, she related he told her he
had to wear it for protection from all the agencies following him and stalking him. She
also advised he did have suicidal thoughts and said he wanted to die. She continually
told him to seek professional help but he always said he was too smart for those people.
He refused to talk with anyone or see a doctor. She related he was very smart and last
worked with Rockwell Collins an aerospace and defense company. She related he last
worked there but was fired in January. She thought he was fired due to the increased
paranoia.
Preciosa related she was unable to immediately travel back to Pennsylvania. Due to her
not being able to return she requested Jacqueline SHAY be responsible for Johns burial.
She also requested she have the keys to their residence in order to care for the residence.
She advised she did not think he had a life insurance policy or will.
Lia Patrice MORT

21

On 8/11/14 at 1159 hours, Lia MORT was interviewed via telephone. Investigators were
provided her telephone number from Jackie SHAY. When asked, MORT related she
knew Joseph PENDERGHEST (John) for 30 years. She referred to him as John as most
of the people close to him did.
She related she was like a mother to him and always tried to help him. She advised John
had a rough childhood and he had several issues with his parents. With the issues John
had with his parents he would always run away. She tried to adopt him but was unable
to. Throughout his childhood and early adulthood, John had issues with the police. To
her knowledge he did not have any ill feelings or hatred for police officers. She
contributed the instability in his family for his criminal activity.
She didnt always have constant communication with John. She did recall around
Thanksgiving of this past year he contacted her. She met with him and he was having
marital problems with his wife. She related this is when he started to talk to her and
developed paranoia of people following him. He thought cars of all different colors were
following him for unknown reasons. He knew she worked with the military and was
asking her questions about whom and why someone would be following him. It
progressed into his wife was having these people (sometimes in brown cars) follow him.
He told her he saw his wife flashing hand signals at these cars while they were driving.
Days before this incident she related John stopped by her house and told her again about
the people following him. He described brown cars were still following him all the time.
She tried to tell him that it didnt make sense and to seek treatment. He told her he
couldnt go to the police because they were involved. She did tell him to contact his
father.
She related on the night of the incident she got a brief voicemail from John. She no
longer had the voicemail but he stated he had found the cars following him and their
headquarters. He also said he didnt think he would make it and he loved her. She was
not sure what was going on or why he would have left that kind of message. She knew
that he was struggling but it was hard to help him.

Trooper William COLVIN

On 08/14/14, at 0945 hours, Trooper COLVIN was interviewed at The PA State Police
Academy located in Hershey, PA. Lt. Jonathan MAYS and PSTA Attorney Sean
WELBY were present for the interview. The interview was recorded using an Olympus
digital audio recorder with all parties permission. Prior to the interview COLVIN did
view the MVR recording of the incident with Attorney WELBY. The interview was
transcribed. A summary of the interview is as follows:
When asked, Tpr. COLVIN related he is currently assigned to Troop H/ York as a
member of the patrol unit. He has been employed by the PA State Police for 7 (seven)
years. He previously worked at the Lancaster Station before transferring to York. When
22

asked he advised he has been involved in use of force incidents over the course of his
career. He described having to utilize his Taser during the arrest of several suspects. The
only time he had to use a firearm while on duty was to dispatch an aggressive dog. When
asked, he related he was carrying all Department issued equipment on his gun belt. The
equipment included his Glock 21 pistol. His pistol is not modified in any way and he was
carrying the Department issued ammunition. He further advised he qualified with the
Glock 21 pistol and it has always functioned properly.
When asked, Tpr. COLVIN related his week prior to this incident was routine and
normal. He was not under immense stress or suffering from a lack of sleep. On
08/08/14, he came in for his scheduled shift of 1800-0200. He related it was a normal
and routine day. He is currently the Field Training Officer for Tpr. Thomas WRIGHT.
Tpr. WRIGHT is a recent graduate of the State Police Academy and was assigned the
York Barracks. Tpr. COLVIN is assigned to be partnered with Tpr. WRIGHT for his
first 30 days at the York Barracks. Tpr. COLVIN advised the day of the incident was
WRIGHTS 14th day at the York Barracks. COLVIN advised the shift with Tpr.
WRIGHT was routine. They had several calls for service but the calls were low stress.
They did not have any high priority or higher stress calls leading up to this incident.
Just before this incident occurred they were traveling on Interstate 83. COLVIN
remembered the York barracks Police Communication Officer (PCO) Michael BOOR,
advised them of a crash at approximately 0110 hours. BOOR advised them of the
location of the crash and the crash occurred when another motorist struck several parked
cars. BOOR also related the 911 caller was reporting the operator was attempting to flee
from the scene. BOOR also advised the 911 caller reported the operator was revving the
vehicles engine. With this information he told WRIGHT, who was driving marked patrol
vehicle # H7-11, to step it up a little bit. Tpr. WRIGHT was not familiar with area and he
had to give him direction to the location of the crash.
While responding to the incident Tpr. COLVIN advised he briefly spoke to Tpr.
WRIGHT as to what he should expect. He related though he did talk to him the main
priority was getting to the crash as fast as possible.
Upon arrival to the scene of the crash Tpr. COLVIN related the following: They
pulled into the parking lot and positioned the patrol vehicle at an angle facing a black
SUV. The black SUV had crashed into at least one parked car. He observed the
passenger side door of the SUV was opened. He immediately exited the patrol vehicle
and approached the passenger side door of the black SUV. He was holding his flashlight
and was able to see right into the front drivers compartment of the SUV. He observed
one occupant in the drivers seat. Upon looking at the driver he did not recognize him or
otherwise know him. The driver was covered in blood and he was actively cutting his
wrists with a knife. At this point COLVIN advised he viewed the driver to be a threat to
himself. It prompted him to immediately grab his OC spray and deploy it on the driver.
He saw that the spray hit the driver in the eyes but it had no effect on the driver. He then
began to give the driver verbal commands. He told the driver to drop the knife. The
driver did not respond to commands and continued to hold onto the knife. The driver
23

also continued to cut himself. COLVIN advise he then deployed his Taser on the driver.
The Taser did not have the desired effect and did not stop the driver from holding the
knife. He continued to give the driver verbal commands which were ignored or not
followed. The driver would not respond to any commands, OC spray, or Taser. The
driver was not talking to him but he make the statement of just shoot me in the head.
After deploying his Taser and observing it had no effect he observed Tpr. WRIGHT
deploy his Taser. Tpr. WRIGHTs Taser deployment did not have any effect on the
driver. He told WRIGHT to reload and deploy the Taser again. He was not sure if any of
the Taser prongs were striking the driver as needed for it to have its intended effect. The
driver was not responding to the Taser deployments or verbal commands. As the
situation progressed the driver began to crawl over the center console of the vehicle and
into the passenger side seat. He then began to exit the vehicle. As he was moving
towards the passenger side and attempting to exit the vehicle, COLVIN advised he drew
his firearm.
The driver exited the vehicle holding the knife and walked towards them. At this
point COLVIN advised he felt the driver was going to attack him and Tpr. WRIGHT with
the knife. COLVIN advised he felt that way because the driver was not obeying any of
his commands and he started to come at him still holding the knife.
COLVIN advised as soon as the driver took a step towards them he fired his pistol. He
also heard Tpr. WRIGHT fire his pistol. He was not sure if the rounds struck the driver
but the driver did fall to the ground.
When asked, he related at that point he was not sure how many rounds he fired. He did
remember using his radio and asking for an ambulance. When asked, COLVIN advised
he did not shoot the driver because he was asking to be shot. He advised he fired his
pistol at the driver to stop him from attacking him and Tpr. WRIGHT. He aimed for
center mass and shot until the drivers action stopped.
When asked, COLVIN advised the driver was approximately 5 feet from him when he
fired the initial shots. When asked, COLVIN advised he did not feel he had any other
option but to use lethal force. After the initial shots were fired the driver fell to the
ground. He called for an ambulance. The driver then got up again and was still holding
the knife. COLVIN advised he fired his pistol again at the driver. This shot did not stop
the drivers action and he continued to move towards them. The driver then lunged at
him and Tpr. WRIGHT and they fired several more shots at him until he stopped moving
towards them. COLVIN advised the driver never dropped the knife. It was in his hand
throughout the incident.
COLVIN advised after the final shots were fired and the driver was no longer a threat
he observed the drivers SUV to be on fire. He told Tpr. WRIGHT to get the fire
extinguisher and try to put the fire out. He holstered his pistol and puts on his gloves.
The driver was no longer moving. He approached the driver and had to physically

24

remove the knife from his hand. After removing the knife from the drivers hand he
pulled him away from his burning vehicle.
When asked, Tpr. COLVIN advised he did not perform CPR or any other lifesaving
treatment on the driver. When asked, he also advised he did not alter the scene in any
way.
When asked, Tpr. COLVIN advised he was never mad or angry with the driver. He
only progressed through his levels of force to stop the drivers actions. He advised he
only fired his weapon until the driver stopped moving towards him and Tpr. WRIGHT
while holding a knife. Tpr. COLVIN advised he felt if he didnt stop the driver he was
going to seriously hurt or kill someone.
Trooper Thomas WRIGHT
On 08/14/14, at 0945 hours, Trooper WRIGHT was interviewed at The PA State
Police Academy located in Hershey, PA. Present for the interview were Lt. Jonathan
MAYS and PSTA Attorney Sean WELBY. The interview was recorded using an
Olympus digital audio recorder with all parties permission. Prior to the interview
WRIGHT did view the MVR recording of the incident with Attorney WELBY. The
interview was transcribed. A summary of the interview is as follows:
When asked, Tpr. WRIGHT related he is currently assigned to Troop H/ York as a
member of the patrol unit. He is a recent graduate of the PA State Police Academy. The
date of the incident was his 14th day of service as a PA State Trooper. Tpr. WRIGHT
advised he does not have any prior law enforcement or military experience. He also
related up until this incident he has made several arrests but has not had to use non-lethal
or deadly force.
When asked, Tpr. WRIGHT related on 08/09/14 he was working his scheduled shift of
1800-0200. He related the week and day up to this shift was normal and routine. There
was nothing abnormal about his week or the day leading up to his scheduled shift.
When asked, he related for the shift he was in full uniform. He was carrying all
Department issued equipment on his duty belt. That equipment included his issued duty
weapon (Glock 21) and department issued ammunition. He did not make any
modification to his Glock 21 and did qualify with his weapon at the PA State Police
Academy. He further stated he has not had any issues with the Glock 21.
On 08/09/14, Tpr. WRIGHT advised he came into worked and was partnered with
Tpr. William COLVIN. Since he is a recent graduate of the PA State Police Academy
he is assigned a Field Training Officer for his first 60 days. Tpr. COLVIN is his first
Field Training Officer and he was assigned to ride with him on the day of this incident.
Tpr. WRIGHT advised he was driving marked patrol unit H7-11 for the shift. During the
shift they responded to and handled several low priority calls for service. He related none
of the incidents were high stress calls and it seemed like a normal shift.
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Towards the end of his shift they were traveling on Interstate 83. He had just made a
traffic stop and issued a verbal warning to a motorist for failing to fully stop at a posted
stop sign. At around 0115 hours, the Police Communications Officer (PCO) Michael
BOOR advised them of a crash via radio. BOOR further advised a vehicle had struck
two parked and the operator of the vehicle was attempting to leave the scene. Upon
receiving the information Tpr. COLVIN told him to step up his response to the location
of the crash.
As they responded to the crash scene PCO BOOR did update them. BOOR advised the
operator of the vehicle was intoxicated and cutting himself with a knife. BOOR further
advised the operators vehicle was starting to catch fire.
When asked, WRIGHT advised as they responded to the scene Tpr. COLVINS was
main focus was giving him directions to the crash. When asked, WRIGHT advised he
was expecting a drunk person but was not expecting it to be a high stress call.
When he first arrived on scene he saw the operators vehicle (SUV) had crashed into
parked cars. He could not see the driver of the vehicle but as he exited the patrol car he
could see the passenger side door was open on the SUV. As he approached the opened
passenger side door he was able to clearly see the driver holding a knife. There was
blood all over the passenger compartment and he could clearly see the driver had cut his
wrist. He did not recognize the driver and had not seen him before. Upon his initial
observations he remembered hearing Tpr. COLVIN started engaging the driver with
verbal commands. He told him to drop the knife several times. He then saw Tpr.
COLVIN deploy his OC Spray on the driver.
WRIGHT advised the OC Spray hit the driver directly in the face but it had no effect on
him. When asked, he related through his training he expected the driver to drop the knife
and show some signs that the OC Spray hurt him.
Tpr. COLVIN then deployed his Taser on the driver as they both gave him verbal
commands to drop the knife. The Taser did not appear to have any effect and the driver
was yelling at him. He recalled the driver just saying shoot me. Tpr. WRIGHT related
at this point he perceived the driver to be a threat to himself. They were telling him to
drop the knife but he was still actively waving it around and slashing his own wrists. He
then deployed his Taser in an attempt to stop him from harming himself.
The initial Taser deployment did not have any effect on the driver. WRIGHT advised he
may have used two 5 second cycles from the initial deployment. The initial deployment
and two cycles had no effect on the driver. With no response from the initial Taser
deployment he reloaded and deployed his second and final cartridge. The second
deployment also had no effect. He again thought he possibly used additional 5 seconds
cycles. WRIGHT remembered observing the driver being covered in Taser wires and his
hand touching them. He advised the Taser still had no effect on the driver at all.

26

The driver was not deterred by the non-lethal force and proceeded to exit the vehicle
through the passenger side door. Tpr. WRIGHT advised he then transitioned to his
pistol. He gave the driver verbal commands to put the knife down.
The driver just proceeded to exit the vehicle, holding the knife, and telling them to shoot
him. The driver exited the vehicle and was now within five feet on him and Tpr.
COLVIN. Tpr. WRIGHT advised he remembered him holding the knife and making a
lunging motion at him. This caused him to fire several shots at the driver.
The driver fell to the ground and he remembered the driver saying the words thank you.
He advised the driver was still alive and they tried to move in on him. As they tried to
move in on the driver, he got back up. They backed away to create some distance. The
driver however made another lunging movement towards them. This lunging movement
caused him to fire several more rounds at the driver. The driver stopped his
advancements and Tpr. WRIGHT felt the driver was deceased.
When asked, Tpr. WRIGHT advised he fired his weapon because he believed he and Tpr.
COLVINS lives were in danger. Simply put Tpr. Wright related he was scared. He
thought the driver was close enough to stab and seriously hurt or killed them. All their
non-lethal force attempts were no only ineffective but the driver did not respond to
anything. He also advised the driver was covered in blood. There was a great risk of
contracting a blood borne pathogen from the driver. When asked, Tpr. WRIGHT advised
those were the reasons he fired his pistol at the driver. He fired his pistol to stop the
drivers actions. He did not fire his pistol because of the drivers statements.
When asked Tpr. WRIGHT again advised the driver was approximately 5 feet from him
when he fired the initial shots. Tpr. WRIGHT also felt the driver was so close he could
have reached out and touched him. When asked, Tpr. WRIGHT advised he stopped
firing at the driver because the action had stopped. After the initial shots he fell to the
ground and was no longer advancing towards them. He did attempt to move in and
restrain him. The driver got back up and they had to engage him again. He again
stopped firing when the driver fell to the ground and stopped advancing towards him.
When asked, Tpr. WRIGHT advised he stopped firing at the driver because the action
had stopped. After the initial shots he fell to the ground and was no longer advancing
towards them. He did attempt to move in and restrain him. The driver got back up and
they had to engage him again. He again stopped firing when the driver fell to the ground
and stopped advancing towards him.
When asked, Tpr. WRIGHT advised he did not provide any life-saving treatment to the
driver. He believed the driver was deceased. He also observed the driver was heavily
bleeding and covered in blood. He again cited the risk of blood borne pathogens and why
he believed mouth to mouth or CPR would not only be ineffective but put his life at risk.
When asked, Tpr. WRIGHT related he did not think they could have done anything
differently. He felt he did everything he was trained to do in this situation.
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Taser Records
A downloading of the Tasers carried by the officers involved show that COLVIN
deployed one Taser cartridge and cycled it twice and WRIGHT deployed two Taser
cartridges and cycled them a total of four times with a duration of 5 or 6 seconds in each
cycle.
Deceaseds Vehicle Contents
Within the confines of decedents vehicle, titled to Preciosa Penderghest, estranged wife
of the deceased, were the following items of note:
A Kel-Tec 9mm P 11 with one magazine containing 8 rounds and a cartridge in
the chamber
9 mm cartridges
A silver knife
Taser probes
A book entitled Advanced Techniques of Clandestine Psychedelic and
Amphetamine Manufacture
A home workshop explosive book
A publication entitled FM31-21 Guerrilla Warfare & Special Forces Operations
A large black folding knife
A Box of Winchester 9mm Lugar cartridges
A box of Tulammo 9mm Lugar cartridges
PMC 30-30 Winchester cartridges in a red case
Black Handcuffs
Items of note at the scene
In addition to the vehicle driven by the deceased, three other unoccupied vehicles were
damaged by the crash.
Found outside the deceaseds vehicle but nearby were the following items of note:
10 Shell Casings: all Speer 45 cal.
3 Taser cartridges
2 Taser probes
1 knife
1 bullet
Ballistics:
In accordance with protocol, the troopers service revolvers were promptly placed into
evidence along with all bullets and magazines in their possession at the time of the
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incident. Examination revealed a total of ten shots were fired, six by Trooper Colvin and
four by Trooper Wright. This is consistent with the number of shell casings found at the
scene.
Other items of note
On September 2, 2014 it was reported by an individual cleaning the deceaseds apartment
in Riverdale, Maryland that a grenade had been discovered in the apartment. Prince
Georges County bomb squad was notified and responded taking custody of the item. No
additional explosives were discovered within the residence.
Emails
Contained in the investigators report was an email dated August 10, 2014, from an
individual who had known the deceased for over 25 years. It indicated that within the
previous month the author had received two phone calls from the deceased who indicated
that the FBI, CIA or some other group were openly following him everywhere he went in
order to drive him crazy.
Several emails authored by the decedent in the weeks before his death make similar
complaints of stalking, only this time directed at his estranged wife or her agents.
Autopsy Report
An autopsy was conducted on Mr. Penderghest on August 11, 2014 by Dr. R. StarlingRoney of Forensic Pathology Associates at the Lehigh Valley Medical Center in
Allentown, Pennsylvania with the cause of death determined to be multiple gunshot
wounds.
The report notes a provided history of a motor vehicle accident, the deceased cutting
himself upon police arrival, pepper spray and Tasers being used by police and a total of
ten shots being fired by 2 police officers with ten casings recovered at the scene. Several
bullets were reported to the pathologist as being recovered from the panel of a bullet
proof vest worn by the deceased.
Of note in the autopsy report is the presence of a bullet proof vest (absent the panel
reported as being removed by police), and a cylindrical holster attached to the deceaseds
belt on the left side of the waist. Two metal Taser probes were present on the body with
the first within the shirt at the right shoulder and the second within the pants at the lateral
right thigh. Taser wire was also present with the body.
Defects indicating bullet impact were noted on the bullet proof vest as well as the
deceaseds clothing and left boot. A total of 5 penetrating gunshot wounds on the body
were noted along with 1 grazing gunshot wound.

29

The deceased also had cutting wounds of the chest, neck, right wrist, and left forearm and
wrist. Several abrasions were noted in the facial area, along with an abrasion and
contusions to the chest area. A pinpoint contusion in the area of the right thigh was
associated with contact by the Taser probe.
Examination of the organs noted no abnormalities.
Toxicology results indicated the presence of Amphetamine in the amount of 707 ng/ml.
According to the report, the therapeutic range is 30-110 ng/ml.
Mobile Video Recording of Incident
The CD-R containing the MVR recording of this incident was downloaded from PSP
York Marked Patrol Car H7-11. The recording containing audio was viewed several
times by this author. A synopsis prepared by investigators follows:
Upon arrival on scene and upon approach, within seconds COLVIN
utilizes his OC spray on the subject, and it was ineffective. COLVIN
transitions to his Taser and utilizes two five seconds shocks. This is
ineffective and WRIGHT deploys his Taser. He utilizes both cartridges
and applies approximately 4, 5 seconds shocks on the subject. As
WRIGHT is utilizing his Taser, COLVIN transitioned to his weapon. The
Taser shocks are ineffective and the subject continues to exit the vehicle
with the knife in his right hand. During the OC, TASER, and prior to his
exit Troopers WRIGHT and COLVIN shout verbal commands to the
subject. They tell him to drop the knife or put it down an estimated 25
times. During the OC and Taser deployments and while inside the vehicle
the subject makes several statements. He states, get your gun, shoot
me, I want to die, and shoot me in the head, an estimated 21 times.
Upon exiting the vehicle with the knife in his right hand he his staring at
both Troopers WRIGHT and COLVIN. He walks toward them and brings
the knife up towards his chest. They subsequently fire approximately 5
shots at the subject. After the shots are fired and the subject falls to the
ground he states, thank you. COLVIN immediately calls for an
ambulance via his radio. WRIGHT and COLVIN then attempt to
approach the subject. He is wearing a ballistic vest and is still holding the
knife in his right hand. He begins to move and again states, Shoot me or
kill me, approximately 9 more times. As he attempts to get to his feet
and move towards COLVIN and WRIGHT, COLVIN states stay down,
drop the knife. Colvin then fires one more round at the subject. The
subject does not go down and says, Shoot me, kill me, and then lunges,
(still holding the knife in his right hand) at WRIGHT and COLVIN. At
that point they fire approximately 4 more shots at the subject. These shots
stop his advance and prove fatal.

30

The incident, from the initial contact with the subject until the final
shot was fired, lasted approximately 4 minutes.

STATEMENT OF THE LAW

To determine criminal responsibility in use of force situations, several
considerations come into play, including, but not limited to, the totality of the
circumstances of the individual case, the United States and Pennsylvania Constitutions,
the General Principles of Justification as set forth in the Pennsylvania Crimes Code,
applicable case law, and the use of force policy of the police department.
The rules governing the use of
Pennsylvania Law. Generally, the use
justifiable when the actor believes that
purpose of protecting himself against the
the present occasion 18 PaCSA 505(a).

force in self-protection are provided for in

of force upon or toward another person is
such force is immediately necessary for the
use of unlawful force by such other person on

The Pennsylvania Crimes Code states that conduct which the actor believes to be
necessary to avoid a harm or evil to himself or to another is justifiable if the harm or evil
sought to be avoided by such conduct is greater than that sought to be prevented by the
law defining the offense charged 18 PaCSA 503(a)(1).
There are specific provisions that relate to the use of deadly force. As stated in
the Pa Crimes Code; the use of deadly force is not justifiable unless the actor believes
that such force is necessary to protect himself against death or serious bodily injury, nor
is it justifiable if the actor provoked the use of force against himself in the same
encounter; or the actor knows that he can avoid the necessity of using such force with
complete safety by retreating.
It should be noted, however that a public officer justified in using force in the
performance of his duties is not obliged to desist from efforts to perform such duty,
because of resistance or threatened resistance 18 PaCSA 505(b). In this context, a
person employing protective force may estimate the necessity thereof under the
circumstances, as he believes them to be when the force is used, without retreating.
Use of force in law enforcement to prevent suicide or the commission of a crime
is also set forth in the statute. The use of force upon or toward the person of another is
justifiable when the actor believes that such force is immediately necessary to prevent
such other person from committing suicide, inflicting serious bodily injury upon himself,
committing or consummating the commission of a crime involving or threatening bodily
injury, damage to or loss of property, or a breach of the peace 18 PaCSA 508(d)(1).
The Fourth Amendment requires peace officers to use only an amount of force
that is objectively reasonable in light of all the surrounding circumstances. Graham v
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Connor, 490 U.S. 386, 397, 109 S.Ct. 1865, 104 L.Ed.2d. 443 (1989). Assessing the
level of permissible force requires a careful balancing of the nature and quality of the
intrusion on the individuals Fourth Amendment interests and the countervailing
governmental interests at stake. Id.
Courts must give due regard to the fact that officers frequently make split-second
judgments about the amount of force to use without the benefit of hindsight. Graham,
490 U.S. at 396-97. Indeed a claim of self defense cannot be defeated by showing that
the actor used more force than was necessary so long as he reasonably believed it was
immediately necessary to kill in order to protect himself against death or serious bodily
harm. See Comm v. Fisher, 491 Pa 231, 420 A.2d 427 (1980).
DISCUSSION
In the instant case, the issue is whether the deadly force that was used by the
officers was reasonable under the circumstances.
The conduct of the deceased leading up to the use of force can best be described
as bizarre. While the author is not qualified to provide a medical diagnosis, the
deceaseds paranoia and odd behavior in the weeks prior to the death was evident even to
his lay contacts. As the date of death approached, the odd behavior intensified,
culminating in his inexplicable decision to ignore construction barricades and accuse his
companion at gunpoint of being part of the conspiracy, resulting in decedent firing a
pistol, and his companion exiting the vehicle at her first opportunity.
The subsequent forceful crash into three parked vehicles located well into a
parking lot occurred after hitting a large bush and a pole with no signs of braking or
evasive action, combined with his conduct of cutting himself while sitting in a smoking
vehicle immediately after the crash, and repeatedly requesting the officers to shoot him
are strong indicators of a suicidal thought process perhaps aggravated by the large
quantity of amphetamine the deceased had consumed. Unknown to the officers at the
time, who thought they were responding to a crash scene with a possible intoxicated
driver, such was the mental state of the deceased.
With regard to the mental state of the officers as the incident developed they were
initially confronted with a knife wielding individual attempting to harm himself after a
motor vehicle crash.
The restraint and professionalism exhibited by the officers in repeatedly
requesting the deceased to lay down the knife as he requested to be shot and using the OC
spray and then the Tasers to keep him from harming himself was commendable. It
became clear to them, even as the decedent was in the vehicle that his intention was to
harm himself. The words You dont need to do this, spoken by a trooper can clearly be
heard on the audio. Only when the deceased exited the vehicle still holding the knife and
then bringing it up to his chest as he comes towards the officers do they respond with
deadly force. Subsequent shots were fired only after the deceased rose to his knees, still
32

holding the knife, and made lunging efforts at the officers. It was the opinion of both this
author and the Pennsylvania State Police Use of Force expert whose opinion and
background are attached, that the troopers were presented with an immediate threat of
deadly force or serious bodily injury at the time they discharged their weapons. This
opinion is shared by those civilians who observed the troopers conduct. The intent of the
deceased to cause his own death was clearly evident when he uttered the words thank
you after being initially shot and then lunging again at the troopers.
The deceased not only clearly verbally stated his intent to commit suicide, but
proceeded in a manner to insure that it occurred. When he failed in his own attempts, he
acted to insure the troopers would respond in a deadly fashion, not once but twice.
The troopers were clearly in imminent danger of immediate serious bodily injury
or death at the time they discharged their service pistols at Mr. Penderghest. It is also
beyond question that the troopers fear of immediate serious bodily injury or death was
reasonable.
CONCLUSION
Accordingly, the troopers use of deadly force in response to Mr. Penderghests
decision to charge the troopers bearing a raised knife, and then seek to do so a second
time after being shot, was justified and no criminal action should be brought.
The cause of death is determined to be multiple gunshot wounds to the body. The
manner of death is determined to be justifiable homicide. The matter is now closed.

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