The fatal shooting of a Port Allegany man by a state trooper in August was determined to be justified by McKean County District Attorney Stephanie Vettenburg-Shaffer.
Shaffer released the report Friday on the Aug. 27 shooting of Chad Setzer, 42, at his residence on Route 155 in Port Allegany. Police said Setzer came out of the residence firing a handgun at them, and one Kane-based state trooper fired one shot, killing Setzer.
Neither Shaffer nor the report released to the public on Friday gave the identity of the trooper who fired the fatal round.
A call to the state police headquarters in Harrisburg on Friday met with similar results. The spokesman said, “We present our findings to the district attorney.” Any release of the names of the troopers involved in the incident would be at the district attorney’s discretion, the spokesman said.
Regarding the trooper’s use of deadly force, Shaffer’s statement read that she had determined that not only was the shooting justified, but it was necessary.
“Setzer’s actions in approaching law enforcement with a gun pointed at them while firing shots at them justified the need of the police to use deadly force,” Shaffer said in her report. “In this matter, the use of deadly force was not only permitted, it was immediately necessary in order to protect the officers from being seriously injured or shot.”
The prosecutor explained the progress of the investigation from the time of the shooting.
“I was contacted immediately following this incident by an officer who was on scene,” she said. “Since that time I have been in contact with criminal investigators with the Pennsylvania State Police and the McKean County Detectives’ Bureau.
“A supervisor from the state police Marienville barracks and the chief county detective (Ryan Yingling) … investigated the case,” Shaffer said. “These specific investigators were chosen to promote an independent investigation.”
Shaffer said she had reviewed the evidence and went to the location, and received recommendations from the investigators.
“The evidence includes interviews, autopsy, toxicology report, medical records, firearm trace, tool mark analysis, criminal complaint, phone download, forensic mapping of the scene and Facebook records,” she explained.
“It is my determination that the response and actions taken by law enforcement were justified under the circumstances,” Shaffer said. “The community has a legitimate interest in being apprised of the circumstances which led to the shooting of the deceased.”
According to a copy of a search warrant issued in the case, the situation started with a domestic incident with Setzer and his estranged wife the day before the shooting.
At 12:15 p.m. Aug. 26, state police responded to East Mill Street in Port Allegany, where Setzer’s estranged wife reported the two had argued and he had left the residence on foot. Later, she was driving south on Lillibridge Creek Road when he stepped into the road and stopped the vehicle. He then “brandished a knife and slashed the driver’s side tires of the vehicle,” the affidavit of probable cause for the search warrant stated.
Chad Setzer then yelled at her, told her he would “kill her current boyfriend and ruin his truck.” Police indicated she fled the area “to prevent any personal injury,” the affidavit read.
State police obtained an arrest warrant for Setzer, and police attempted to serve it on him several times. Police talked to “several associates” who said he would hide in the woods to avoid capture. The areas they indicated were searched, to no avail, the affidavit read.
On Aug. 27, Wright’s Realty/Notary was burglarized, and cash and a gun were stolen. Setzer was identified as a suspect.
Shaffer’s Friday statement said, “Later that day, Port Allegany Police received a report from a family member of Setzer that Setzer had told him that he was going to confront his estranged wife when she got home. The family member told the officer Setzer had a gun. The officer called the state police as the residence where Setzer was reported to be was in state police jurisdiction.”
The officer also called Setzer’s estranged wife and told her not to come home, Shaffer’s statement stated.
Five troopers from the Kane barracks and Officer Adam Dickerson from Port Allegany Borough Police went to the residence to serve the arrest warrant on Setzer.
“One officer was entering the driveway when Setzer exited the residence with a bag and headed in the direction of two officers located across the yard,” the prosecutor’s statement continued.”He had his hand in the bag. He abruptly turned around and proceeded in the other direction where three other officers were stationed. He continued with his hand in the bag.
“He ignored officers’ commands to get on the ground and he pulled a gun from the bag. He fired shots at the officers in rapid succession. An officer immediately responded with a single shot, striking Setzer, and he fell the ground immediately.
“Officers approached him to render aid but he was found to be deceased. The gun Setzer had been firing remained in his hand as he fell to the ground and his finger remained on the trigger,” the statement read.
The district attorney explained the gun Setzer used was determined to be the one stolen from Wright’s.
Shaffer said the facts as she outlined them were supported by the evidence uncovered in the investigation.
