Police-involved shooting deemed justified
BY KELLY LUTTERSCHMIDT
klutterschmidt@tnonline.com
Lehigh County District Attorney Jim Martin announced March 2 that, following an investigation, a police-involved shooting last month in Allentown was justified.
Xavier I. Arnold, 20, of Coplay, died at the hospital after the incident, which happened just after 8 p.m. Feb. 10 in the area of Eighth and Maple streets in the city.
According to reports, Allentown police said officers witnessed a physical altercation involving two men and one woman. Arnold fled the scene, according to Martin’s news release detailing his investigation.
The other man told police he had just been pistol whipped by Arnold. The woman identified Arnold by name and confirmed he had a gun.
Police said they saw Arnold and attempted to follow him by vehicle, but the traffic prohibited it.
A foot chase was captured on cameras in the area, Martin said.
The officer commanded Arnold numerous times to drop his weapon, according to the report, but Arnold did not comply.
“At no point did Arnold drop his gun; at no point did Arnold raise his hands or arms to indicate surrender; at no point did Arnold in any way comply with [the officer’s] commands,” Martin said.
Arnold reportedly fired a weapon at police. The officer returned fire, striking Arnold.
“The shots appear to start simultaneously,” Martin determined. “Based on the evidence at the scene and video, I have concluded that Arnold fired four times. His bullets struck [the officer] once, struck a passing vehicle, shattering its rear passenger window, and also struck a storefront window, shattering it.”
The officer was wearing a protective vest and was uninjured.
The officer also fired multiple times, according to Martin’s investigation.
“He struck Arnold four times, once in the side of the right leg, once in the torso, once in the right eye and once a grazing wound across the top of his head,” Martin said.
An autopsy performed Feb. 13 determined Arnold’s cause of death as multiple gunshot wounds.
Martin identified the officer as Zane Struss, adding “there is no basis upon which to file any criminal charges” against him.
Officers involved in the incident had been placed on administrative leave pending the outcome of the full investigation, Martin said.
“My review of the incident has revealed no evidence that any other officer fired a weapon and no other officer is subject to investigation or prosecution arising out of this incident,” Martin said.
The investigation was conducted by the Lehigh County Homicide Task Force with the assistance of the Lehigh County District Attorney’s Office, Allentown Police Department and Lehigh County Coroner’s Office.
“I will note that Arnold was not legally permitted to possess this firearm or any firearm at the time he shot Struss,” Martin said. “Arnold had a prior record that made him ineligible to possess a gun, and at the time of this incident, he was on active parole for illegal possession of a different firearm.
“How Arnold was able to obtain the firearm used in this incident remains under investigation,” Martin said.