DA rules officer-involved shooting justified
BY KELLY LUTTERSCHMIDT
klutterschmidt@tnonline.com
Lehigh County District Attorney James Martin has ruled the Feb. 19 shooting of a Catasauqua man by a borough police officer was justified.
Lehigh County Coroner Eric D. Minnich ruled Feb. 20 the shooting death of Ryan Daniel Shirey, 27, a homicide. Homicide is defined as death at the hands of another.
The officer who shot Shirey was placed on administrative leave pending the results of an investigation by Martin’s office.
Martin released a statement April 6 noting his decision was based on an extensive review of investigative reports, information from various witnesses and body camera video from the three police officers who responded to the 133 S. 14th St., Catasauqua, home after a call from a person inside that residence.
According to reports, Catasauqua police were called there that day for a dispute between a man and his ex-girlfriend.
Three borough officers - Joelle Mota, Patrick Best and Jenna Dumansky-Potak - responded to the call. According to Martin, they met with Shirey’s former girlfriend, who told them Shirey had assaulted her and locked her out of the house. The woman resides there and is a caregiver to Shirey’s mother, according to the report.
After failed attempts to convince Shirey to exit the home, officers entered. Shirey fled to the basement.
Shirey’s former girlfriend and his father, who was in the home at the time, told police a long rifle and bow and arrow were located there.
Shirey was asked by police and his father to come up from the basement. After unsuccessful attempts, Martin said, police entered the basement.
The officers split up when they reached the basement, described by Martin as having “several distinct areas.” Mota found Shirey in one of the areas and saw that he had a firearm.
Martin’s review of the bodycam video disclosed six commands by Mota for Shirey to put down his gun. Mota said Shirey instead pointed the weapon at him. As Mota attempted to retreat, Shirey ran toward him with his gun raised, Martin said, adding it was then that Mota fired his weapon.
Shirey was pronounced dead at the scene.
Martin noted in his statement the weapon held by Shirey was a pistol, not one of the weapons disclosed to the officers earlier. He said the weapon was fully operational but not loaded.
“Neither Officer Mota nor any of the other police officers present would have been able to determine that prior to the shooting,” Martin concluded.
Martin noted in his statement that police had responded to the home on seven other occasions but never for a law enforcement matter. The calls involved health issues, he said.
Shirey’s father told investigators his son suffered from “mental health issues” and he and his wife had attempted to get him to go to a behavioral health facility. Shirey refused, his father said.
Based on that information, a subpoena was issued for Shirey’s mental health records, which disclosed an involuntary treatment and commitment in 2013.
“None of this was known by the responding officers on Feb. 19, 2021, seven-plus years later,” Martin said.
Martin thanked Catasauqua Borough Police Chief Douglas Kish for his and the department’s cooperation during the investigation.