Following an investigation by the Pennsylvania State Police, Dauphin County District Attorney Ed Marsico has concluded that Hummelstown Police Officer Lisa Mearkle was not justified in using deadly force in the February 2nd fatal shooting of David Kassick in South Hanover Township, Dauphin County.  Accordingly, the Pennsylvania State Police filed a charge of Criminal Homicide against Officer Mearkle before Magisterial District Judge Lowell Witmer.

The investigation revealed that Officer Mearkle attempted to stop Mr. Kassick for an expired inspection sticker in Hummelstown when Mr. Kassick drove away and fled to his sister’s residence in South Hanover Township.  Mr. Kassick then fled on foot from the officer. Officer Mearkle chased after Mr. Kassick and deployed her Taser device, striking Mr. Kassick with the probes in his back. Mr. Kassick fell to the snow covered ground and was lying face down on the ground. The officer yelled at him to get on the ground and to show his hands to her. She continued to deploy the Taser while Mr. Kassick was lying on the ground.  Officer Mearkle fired two shots striking Mr. Kassick in the back, fatally wounding him.

A police officer is justified in using deadly force when it is reasonably necessary to protect the officer from death or serious bodily injury.  Marsico noted that Mr. Kassick was unarmed and never brandished any object or item that could have been viewed as a potential weapon.  The only item recovered near Mr. Kassick was a syringe. “We realize police officers place their lives on the lines every day, but an officer can only use deadly force when it is necessary,” Marsico said.

“Each and every homicide investigation the state police are tasked with conducting is completed with the utmost attention to detail,” said State Police Captain Adam Kosheba.  “Police investigators throughout the United States are trained to unearth every possible shard of evidence in these cases -- once such evidence is discovered the investigator(s) are tasked with examining and interpreting that evidence.

Upon completion of the inquiry into the circumstances surrounding each investigation a comprehensive investigative package is delivered to their district attorney for their legal opinion as to justification and the possibility of criminal charges which may be applicable as a result of the person’s actions. Officers throughout the United States are tasked everyday with making split second decisions that have lasting effects in our communities. With that said, we challenge every member of society to examine each and every police use of force incident based on facts of the case!”

Marsico praised the work of investigators from the Pennsylvania State Police and the cooperation of the Hummelstown Police Department in the process.

Officer Mearkle is presumed innocent as the charge is merely an allegation at this point.