Elk County District Attorney Shawn T. McMahon has referred a review of a Johnsonburg shooting by a police officer to the Office of the Pennsylvania Attorney General.
Around 12:30 a.m. Nov. 21, a Johnsonburg police officer shot a man, injuring him, state police reported at the time.
McMahon said there had been an outstanding search warrant for the man who was shot. There was no outstanding arrest warrant, he noted.
State police, who were tasked with investigating the incident in November, did not release the identities of the officer or the injured person, except to say they were a veteran officer and a 30-year-old man.
On Monday, McMahon announced in a press release that he asked the Attorney General’s office “for its review and consideration including determining whether any prosecution of the incident and individuals involved should occur.”
State police said in November that McMahon would review the troopers’ investigation to determine whether the use of force was justified.
On Monday, McMahon explained that he referred the matter to the Office of the Pennsylvania Attorney General due to a conflict on the part of the Office of the Elk County District Attorney.
While McMahon said he listed “numerous reasons” to the Attorney General’s Office in support of the conflict, he “did not provide publicly the specific reasons why he believes a conflict presently exists so as to preserve the integrity of the pending criminal matter,” the release stated.
He said the Pennsylvania State Police Major Case Team investigated the officer-involved shooting, which followed “protocol previously established prior to the incident by District Attorney McMahon with municipal police departments in Elk County and the Pennsylvania State Police.”
The protocol helps to provide “an independent and objective investigation of the incident by investigators notably for the most part from outside of Elk County,” he explained.
According to a statement issued by state police in November, a uniformed Johnsonburg police officer confronted the man along the 100-block of West Center Street because there was a warrant out for him. The man allegedly resisted being taken into custody, fighting off the officer for several minutes.
The fight escalated, and the officer fired one round; the man suffered a gunshot wound to the torso, police said. He was treated locally, then transferred to a trauma hospital, where he was reported to be in stable condition at the time.
Police officers from Ridgway Borough, St. Marys City and the Ridgway state police barracks provided assistance at the scene.
No update on the man’s condition was offered since the initial report in November.
The officer was placed on administrative leave pending the investigation into the use of force.