Erie Times-News
ERIE, Penn. — An Erie police officer did not act criminally when he threw a flashlight at a woman’s vehicle and struck her, the Erie County district attorney said Friday.
The incident occurred Oct. 2 at 11 p.m. on the Bayfront Parkway.
Erie County District Attorney Jack Daneri said the police officer was directing traffic on the Bayfront Parkway at the time because of a fire alarm at the Bayfront Convention Center.
He said the officer thought a woman driving on the parkway did not see him and was afraid she was going to strike him with her vehicle when he threw the flashlight at her car window.
Daneri said the officer did not realize she had unrolled the window to speak with him.
The officer’s flashlight struck the woman on the arm.
The District Attorney’s Office also investigated whether the woman should be charged, Daneri said. Erie Police Chief Steve Franklin said the woman, whom he would not identify, is the daughter of another Erie police officer.
The criminal investigation, completed by Erie County Detective Robert Kuhn, determined that neither the officer nor the woman had committed any criminal acts, Daneri said.
“We determined that, based on the version of the events given by both individuals, that criminal charges would not be appropriate,” Daneri said.
He said the driver approached the scene quickly because she was looking at the officer’s patrol car, which was a distance away from the officer directing traffic. When she saw the officer, she unrolled her window to speak with him, at which point he threw the flashlight.
“It didn’t amount to recklessness or carelessness on her part,” Daneri said.
The officer, for his part, reacted quickly in what he perceived a dangerous situation and did not realize the woman’s car window was rolled down, Daneri said. His reaction did not amount to an assault, Daneri said.
“We didn’t believe there was any maliciousness or intent to harm on his part as much as it was just a quick reaction,” Daneri said.
Daneri said his office looked into the incident at the request of Erie Bureau of Police Chief Steve Franklin.
Franklin said he requested the district attorney’s involvement because the case might involve a criminal matter.
“Because of the circumstances of it, it prompted me to say that we needed an external source to investigate,” Franklin said.
Franklin said his department is conducting its own separate internal-affairs investigation into the matter. He said he expects that investigation to wrap up early next week.
While he said he cannot give the name of the officer because it involves a personnel matter, he said he will talk publicly about what discipline, if any, the officer would face after the internal-affairs investigation is complete.
He said Deputy Chief Joe Emerick is handling the investigation.
Franklin said Emerick is proceeding with the investigation just as he would have before an outside panel recommended changes to the department’s internal-affairs policies.
Copyright 2009 Erie Times-News