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Westmoreland County DA says police were justified in shooting that killed man in Derry Township

Westmoreland County District Attorney Nicole Ziccarrelli has determined that police actions were justified in the fatal shooting of a man in Derry Township.

“The District Attorney’s Office completed an extensive review and analysis of the evidence, police reports and witness statements and DA Ziccarelli determined the use of force was reasonable due to the immediate threat of serious bodily injury and/or death to the officers,” officials said in a release Friday.

PREVIOUS COVERAGE >>> Man killed in Westmoreland County was shot during exchange of gunfire with police

Latrobe and state police were called to a home on James Street on Nov. 15 for reports of an active domestic incident and shots fired.

Officers reportedly found a woman in a neighboring home, while the suspect was inside the original home, believed to be armed.

Police made contact with the suspect, 28-year-old Ryan Huinker, and tried to get him to come out, officials say.

He allegedly went onto his front porch after 15 minutes, but began swearing and asking police to shoot him.

An officer saw a gun tucked in Huinker’s pants and told other officers about it, officials say.

Huinker reportedly tried to go back inside, but state police Tased him, bringing him to his knees.

Troopers went to detain him, but Huinker allegedly reached for his gun and pointed it at two officers, firing.

Several officers returned fire, hitting Huinker, who later died, officials say.

The DA’s office says use of force is justified, citing Section 508 of the Pennsylvania Crimes Code, which says a law enforcement officer is “justified in using deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or such other person... ”

Section 508 also declares that the use of deadly force is justified to prevent the escape of a person who has a deadly weapon or indicates that they will endanger or seriously hurt human life unless arrested immediately, officials say.

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