Indiana County DA deems officer’s use of deadly force justified

INDIANA, Pa. — An Indiana County police officer’s use of deadly force has been deemed justified by the district attorney.

DA Robert F. Manzi Jr. announced the decision on Tuesday, citing an investigation conducted by Pennsylvania State Police into a situation where an Indiana Borough Police officer shot and killed Andrew Herman, 36, on June 28.

Investigators reviewed footage from multiple body cameras, mobile video recorders, witness statements, scene examination, photographic evidence, medical records and interviewed members of several police departments.

Two officers with the Indiana Borough Police Department responded to the 100 block of North Cherry Avenue at 7 p.m. for reports of a domestic dispute.

Manzi said police began having a discussion with Herman, who explained his side of the story, while another officer worked with the second person involved, but the situation eventually escalated.

Police said Herman ended up picking up a shovel and threatening an officer with it, before running away. The officer chased him through roadways and private property. Manzi said that officer caught up with Herman and attempted to take him into custody while yelling commands. As this was happening, Manzi said, Herman drew a pocket knife from his shorts, opened the blade and began stabbing the officer. The officer attempted to stun Herman with a taser, but police say he continued to attack.

According to investigators, Herman was able to maneuver himself behind the officer, where he then began stabbing him in the head, neck and shoulder multiple times. That’s when the officer pulled his gun and shot Herman in the head, killing him.

“In Pennsylvania, an officer is justified in using deadly force when he or she believes that such force is necessary to prevent death or serious bodily injury to himself or to another person. Here, Herman was actively stabbing the officer multiple times. The officer attempted to utilize a less-than-lethal option, but Herman continued stabbing him. It is clear from the evidence that the officer was reasonable to believe that deadly force was necessary to prevent his death,” Manzi said.

Indiana Borough Police Chief Justin Schawl said the officer has been on administrative leave throughout the course of the investigation and has recovered from his injuries.

In reacting to the DA’s ruling, Schawl released a statement calling for sympathy for everyone impacted by the incident, saying:

“It continues to be with sympathy and respect for everyone impacted by our police response to the area of North Cherry Avenue on June 28th that I offer this message. I ask that everyone keep in their hearts the family of Andrew Herman, the officers who responded to the call for help on North Cherry Avenue, and all who are similarly impacted by their love and care for everyone involved. IBPD is committed to community wellbeing and it is our mission to provide the highest level of service while focusing on peace, safety, and comfort. We take our community caretaking responsibility and public safety responsibilities seriously. We stand with everyone – always.

“I appreciate the thoroughness of District Attorney Robert Manzi’s public statement on the Pennsylvania State Police investigation (posted to District Attorney Robert Manzi, Jr. Facebook), I appreciate the thoroughness of investigation by the Pennsylvania State Police, and I sincerely appreciate the patience and trust of our community during the investigative process. My heart goes out to everyone.”

Schawl also thanked the Citizens Ambulance Service, the Indiana Regional Medical Center, Pennsylvania State Police, Blairsville and Homer City police departments and the IUP police department for their assistance on that day.

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