Lehigh County District Attorney Jim Martin announced on July 17 the conclusion of his investigation into the two Allentown police officers involved in an incident outside St. Luke’s Hospital Sacred Heart Campus, Allentown.

Martin said at or about 7:13 p.m. July 11 at 421 Chew St., the police officers encountered an individual subsequently identified as Edward Borrero Jr., 37, of Allentown.

The police officers were awaiting the results of a COVID test on a prisoner who had been arrested earlier that day in an unrelated incident.

As the police officers were standing outside the hospital, they saw Borrero walking and stumbling in the middle of Chew Street, vomiting several times and screaming incoherently.

At one point, he stood in the street, jumping up and down and yelling. He staggered backward into Chew Street, causing the driver of a westbound vehicle to slightly swerve out of his path.

Both officers concluded Borrero was in distress and in need of medical attention and a danger to himself and possibly others. They also concluded he was likely under the influence of alcohol or drugs.

Under these circumstances, Martin said, police officers have a duty to intervene pursuant to the community care-taking doctrine to provide aid to an individual who is in distress.

According to Martin, Borrero began pointing aggressively toward a St. Luke’s security officer who was walking toward him with a vomit bag.

The officers concluded his actions were aggressive and determined they needed to detain him for his own safety, as well as for the safety of themselves and others, including medical personnel. They intended to place him into detention so he could be taken into the hospital.

One of the officers, based upon his training, approached Borrero from behind and slightly to his left, in an effort to handcuff him.

The officer was able to place a handcuff onto Borrero’s left wrist while both of his hands were clenched against his head.

The other officer attempted to take control of Borrero’s right hand and arm and to bring the left handcuffed wrist to his back in order to place both wrists into handcuffs.

Borrero resisted this attempt, began lurching forward and attempted to pull away from the officers. In order to gain control, one officer took Borrero to the ground.

While on the ground, Borrero continued to resist and was yelling and spitting.

An officer then moved his knee to Borrero’s head (not his neck) in order to place him into emergency immobilization so as to safely, efficiently and effectively keep him from moving his body to avoid being handcuffed and placed into custody.

Once that was accomplished, the officer immediately removed his knee from Borrero’s head, but very briefly, had to put it back on his head again, while Borrero was spitting at the officers.

At the officers’ request hospital personnel provided and placed a breathable spit shield on Borrero.

After Borrero was immobilized by the handcuffs and the spit shield applied, both officers attempted to calm him and assure him they were attempting to help him. He was speaking incoherently but appeared less agitated.

He was placed into the “recovery position” and one officer conducted a search of Borrero. At this time, an uncapped hypodermic needle was found in his right cargo short’s pocket.

Although Borrero continued to yell, he was no longer resisting or spitting, and based upon his compliance, he was then assisted to his feet, and walked by the two officers into the Emergency Room. However, he continued to resist and yell, and he was placed into four-point restraints by hospital staff.

During the time of the event outside of the hospital, much of it was witnessed by a medical technician, a nurse, and an ER physician, as well as two security officers, all personnel of St. Luke’s/Sacred Heart Hospital.

Borrero was treated and released from the hospital during the early morning hours of July 12.

He was never jailed or placed into law enforcement’s custody other than for the purposes of bringing him under control and escorting him into the hospital, Martin said.

He was charged by summons with public drunkenness, possession of drug paraphernalia, i.e. the uncapped hypodermic needle and disorderly conduct.

“I assigned a chief county detective and two other county detectives to investigate this incident.

“They have interviewed the five hospital personnel and have reviewed pertinent evidence, including video evidence of the incident,” Martin said. “The county detectives and I have also reviewed an interview conducted by Allentown Police of Mr. Borrero, on July 12.

“In that interview, he admits he is a heroin addict and that he had used heroin and ingested powder cocaine two or so hours prior to this incident.

“I have also reviewed other available evidence in this matter including a short, approximately 33-second cellphone video taken by a passerby (which was initially released to social media), as well as an approximate 9 minute, 39 second video obtained by Allentown police from a camera located across the street from where the incident occurred.

“That video has also been released publicly and provides an accurate depiction of what occurred throughout the course of the encounter.

“I have also reviewed the body camera video of both officers and the interviews conducted of the other witnesses, including the medical personnel described earlier.

“I have met with and discussed the findings of this investigation with the county detectives assigned, and I have reviewed the law and the elements of the crimes with which Mr. Borrero has been charged.

“Based upon my review and the totality of the circumstances surrounding this event, I have concluded there is absolutely no evidence to support filing criminal charges against either of the Allentown police officers involved in this incident.

“I am satisfied that given Mr. Borrero’s obvious intoxication and his actions, he was clearly a danger to himself and potentially to others.

“He was clearly agitated and noncompliant, and in order to gain control of him so that he was no longer a danger, and could be medically treated, it was necessary for the officers to restrain him. That restraint was reasonable. In attempting to handcuff Mr. Borrero, one of the officers placed his knee on Borrero’s head (not on his neck). The officer’s knee remained in that position for about 8 seconds and was removed as soon as he was handcuffed.

“I am aware of the demands that have been made for the release of the involved officers’ names. However, it is improper for a district attorney or police to release the names of individuals who are the subject of an investigation, but have not been criminally charged,” Martin said.

“Accordingly, I will not release the names of the two involved officers.

“I am also aware of the demands that the officers involved in this incident be disciplined, suspended, and/or fired from their positions. Any such determinations are outside of my purview as district attorney and are internal personnel matters of the Allentown Police Department.

“However, based upon my review of the evidence and my conclusions I see no basis for any such action.”

Martin said as to the charges placed against Borrero, he is satisfied there is clearly probable cause and sufficient evidence to charge him with possession of drug paraphernalia and public drunkenness.

However, he has been charged with a misdemeanor grade disorderly conduct offense, Martin added.

“I find that should be more appropriately graded a summary offense since I do not believe there is evidence or probable cause sufficient to determine that he actually intended to cause substantial harm or serious inconvenience, given his clearly intoxicated state,” Martin stated. “Therefore, I have advised Chief Granitz that charge will be amended to a summary offense at the preliminary hearing. This concludes my investigation into this matter.”

Allentown Mayor Ray O’Connell commented on the incident.

“I thank District Attorney Martin and APD’s Office of Professional Standards and Use of Force Review team for their respective inquiries into the incident outside St. Luke’s Sacred Heart. Public safety is my top priority. That reaches its highest level when there is trust between the police department and the residents.

“As mayor of the city, I am committed to strengthening the relationship between the department and the community. I take my oath of office seriously. I remain committed to the protection of the public and to improving the lives of all our citizens.”

Allentown Police Department Chief Glenn Granitz Jr. also commented via a news release.

Granitz said he reviewed the district attorney’s decision regarding the independent investigation conducted by his office into the incident.

“It was important to allow for an independent examination of this incident,” Granitz said.

“Our internal review by the Office of Professional Standards, as well as our use of force review process has determined, along with the district attorney’s independent findings, that there is no basis for any discipline of the officers involved.”

Granitz said a review of the video that is posted on the department’s website allentownpa.gov/Police shows the officers pointed Borrero in the direction of the emergency room entrance.

According to Granitz, Borrero did not follow the verbal and visual instructions provided by officers.

He then stumbled into the street, and based on a duty of care, officers took action to remove Borrero from danger and provide him with medical assistance.

“I would like to reiterate that at no time did either officer place their knee on the neck of the individual in this incident.

“There was never a point when a choke hold was applied to this individual,” Granitz said.

“This was corroborated by a review of the available video evidence as well as interviews conducted with eyewitnesses, including the medical professionals present at the time of the incident.

“The men and women of the Allentown Police Department remain committed to protecting the public and we take that responsibility seriously.

“I pledge to continue to work closely with community stakeholders and members of our department to ensure the safety and quality of life of the residents of the City of Allentown.”

Ashleigh Strange with Lehigh Valley Stands Up also commented.

“People of all races and economic backgrounds in the Lehigh Valley community have come together to demand the defunding of the Allentown Police Department. We know that broken policies and broken promises will not keep our communities safe,” Strange stated. “No person, regardless of what they look like or what they do, should be treated in the violent manner recorded on video ... “Given Borrero’s clear signs of physical distress (agitation, holding his stomach, vomiting) and limited ability to articulate his needs, we hold the officers’ actions to be not only aggressive but outright dangerous.

“We believe that what the DA has described as “noncompliant” behavior with “incoherent speech” is an insufficient justification for what is really the result of a language barrier not properly addressed ...

“Mayor O’Connell must act immediately to hold the ADP accountable by removing the officers involved in this incident, Strange said. “ ... We also demand the mayor win the trust of our communities by:

•Creating a public registry of officers fired for misconduct to keep abusive predators off our streets;

•Revising APD’s use of force policies to include specific consequences for officers and make the policies legally binding;

•Removing police officers from all Allentown School District schools; and

•Defunding a portion of the APD’s $40 million annual budget and reallocating the funds to meet the needs of the city, like affordable housing, evidence based and community-led violence prevention, and resources for Allentown’s youth.