STATE POLICE
Bureau of Training and Education
175 East Hersheypark Drive
Hershey, 17033

   

Tel: (717) 533-9111
Fax: (717) 533-1201

June 3, 2015

Tom Kearney .

York County District Attorney
45 North George Street
York, 17401

Dear Mr. Kearney:

In response to your request I have reviewed and formed an opinion
concerning the appropriateness of the force utilized upon Mr. Joseph Vincent

Penderghest by State Police Troopers William Colvin and Thomas
Wright Jr.

I am currently assigned as an instructor within the State Police,
Bureau of Training and Education. In this role, I regularly provide defensive tactics
and application of force training to state and municipal law enforcement officers. 
have also served as a consultant to several agencies in regards to claims of
excessive force by law enforcement officers. A complete list of
qualifications/certifications can be found in my attached resume.

My opinion in this case is based upon an examination of Homicide
Investigation Action Report H07-2318306 and related attachments. These materials

include an MVR file (dated August 9, 2014) depicting events associated with this
incident.

Incident Summarv:

On August 9, 2014, Troopers Colvin and Wright were dispatched to 6866
Reynolds Mill Road, York County, to investigate a motor
vehicle collision. -

0 Upon arrival, the Troopers observed Mr. Penderghest actively cutting his
wrists with a knife while seated within his vehicle.

0 During the initial stages of the incident; Mr. Penderghest retained the above
knife, made incremental movements towards the open passenger side door of
the vehicle, and uttered numerous statements suggesting suicidal intent.

 

An Internationally Accredited Law Enforcement Agency

The Troopers applied several different manners of less-lethal force in an
apparent attempt to control Mr. Penderghest and separate him from the knife.
These measures included the use of repeated verbal commands, a single 00
deployment, and several TASER deployments.

Mr. Penderghest responded to all of the aforementioned less-lethal force
options with continued non-compliance and resistant behavior.

Mr. Penderghest then exited his vehicle and aggressed towards the Troopers
while brandishing a knife.

Troopers Colvin and Wright fired several rounds from their department issued

pistols at Mr. Penderghest and were temporarily successful in halting his
forward progression.

Mr. Penderghest lay on the ground for several seconds. He then quickly rose
to his knees and continued his aggressive movement towards the Troopers
while holding a knife in his right hand.

Troopers Colvin and Wright fired several more rounds from their department

issued pistols and were subsequently able to stop Mr. Penderghest?s violent
behavior.

A review of the case facts clearly demonstrates that Mr. Penderghest posed a

significant and immediate danger to himself and others prior the Troopers
implementation of less-lethal control tactics. The facts also show that Mr.
Penderghest posed an immediate threat of death and/or serious bodily injury to the
Troopers prior to their use of deadly force.

It is my opinion, to a reasonable degree of certainty, that all manners of force

employed by Troopers Colvin and Wright were reasonable and appropriate based
upon the totality of circumstances confronting them at the time of their application.

Respectfully,
A  

Corporal Kevin E. Selverian
State Police
Bureau of Training and Education
2047-8 Bridge Road,
Schwenksville, PA 19473