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DA finds officer’s use of lethal force lawful and justified

District Attorney Jack Whelan announced the conclusion of an exhaustive and thorough investigation into facts and circumstances surrounding the use of deadly force by an officer employed by the Chester Police Department on December 12, 2012 at the 2000 block of Congress Street in Chester, Pennsylvania. Noahcell Bagley died on December 12, 2012 as a result of his injuries sustained when the officer shot him.

During the investigation, detectives assigned to the Special Investigation Unit of the Office of the District Attorney conducted numerous interviews and recovered physical and forensic evidence, all of which is clear and consistent.  At the time that the officer discharged his service revolver, the officer was in a situation where he reasonably believed his life to be in danger of serious bodily injury or death.

Therefore, pursuant to 18 Pa. C.S.A § 505, Use of Force in Self Protection and § 508, Use of Force in Law Enforcement, the use of lethal force by the officer was lawful and justified. The investigation by the Office of the District Attorney and review of this matter is complete.