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Death of Kenneth Johnson

‚ÄčBERKS COUNTY DISTRICT ATTORNEY ANNOUNCES NO CHARGES TO BE FILED IN THE DEATH OF KENNETH JOHNSON

Investigation finds Reading Police Officer discharged Taser lawfully and justified in the use of force.

 

District Attorney, John T. Adams, has determined that the actions of a Reading Police Officer on the afternoon of April 12, 2017, in the 700 block of Pear Street were a reasonable act of self-defense and a justifiable use of force against Kenneth Johnson. The officer involved was justified in deploying his Taser against Johnson to ensure the safety of the officer and the necessary force to effect the arrest. As a consequence, the officer will not be charged with any criminal offense in connection with the incident that afternoon.

Pennsylvania law allows a police officer, or any person whom he or she has summoned or directed to assist him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. He or she is justified in the use of any force which he or she believes to be necessary to effect the arrest and any force which he believes to defend himself or another from bodily harm while making an arrest, [PA Crimes Code Title 18, Section 508(a)(1)].

As such, District Attorney Adams applied Pennsylvania law in this case, which allowed the Reading Police Officer to use less than lethal force to arrest Kenneth Johnson. "Less Lethal Weapons" (Taser) are designed to assist officers in enforcing the law, control dangerous or potentially dangerous situations, and preserving the individual officer's life, other officers' lives, the lives of innocent citizens, and the life of the offender.

On April 12, 2017, at approximately 1:47 p.m., Reading Police officers responded to two 911 phone calls relative to a domestic dispute in the 700 block of Pear Street. The callers (neighbors) reported a domestic dispute in progress and one of the callers could hear a female crying. A second caller stated that there is a female getting beat-up.

At approximately 1:48 p.m., the first officer arrived on the scene and met with the victim of the domestic dispute. The victim, a thirty-one year old female, was standing on the sidewalk wearing only her underpants and bra. She reported that her boyfriend assaulted her and then he ran into their home upon police arrival. The victim had visible bruises on one of her legs and her face was swollen.

Then, the victim pointed to a male walking in an alley next to their home and identified the male as her boyfriend (Kenneth Johnson). The officer approached Johnson and attempted to converse with him regarding the incident. Johnson was uncooperative and failed to comply with the officer's verbal request. Subsequently, the officer tried to physically handcuff Johnson who swung his arms resisting the officer's attempt. Also, Johnson became verbally threatening to the officer. The officer then deployed his department issued "Taser", striking Johnson in the front center mass area of Johnson's body, causing him to fall to the ground.

At approximately 1:50 p.m., additional back-up officers arrived on location. Officers contacted Emergency Medical Services (EMS) to respond to the scene immediately.

While Officers were waiting for the arrival of EMS, they performed CPR on Johnson who was in some sort of distress and unresponsive. Within minutes EMS personnel arrived and transported Johnson to the Reading Hospital and Medical Center.

At approximately 2:46 p.m., the Emergency Room physicians pronounced Johnson deceased.

On April 13, 2017, at 8:00 p.m., an autopsy was conducted by Dr. Supriya Kuruvilla, Chief of Autopsy and Forensic Services at the Reading Hospital and Medical Center.

On Tuesday, June 27, 2017, we were advised of Dr. Kuruvilla's findings. The cause of death to Kenneth Johnson was sudden cardiac arrest associated with conducted energy device discharges and contributing factors; mild hypertension cardiomyopathy, and autonomic hyper arousal state.

On Thursday, June 29, 2017, we received a copy of the Certificate of Death for Kenneth Johnson from Coroner Dennis Hess. He ruled the manner of death as Homicide.

District Attorney Adams concludes that the officer was reasonable in his belief that the officer was in imminent danger of bodily injury due to Johnson's actions. Johnson's refusal to comply with the officer's commands, his physical resistance, and threatening behavior towards the officer forced the officer to deploy his Taser to ensure the officer's safety and the necessary force to effect the arrest.

District Attorney Adams recognizes the sanctity of life above all other values. It is unfortunate that a life was lost and our condolences go out to the Johnson family. However, we support the actions of the Reading Police Officer for protecting oneself and the victim of the domestic violence. Additionally, though unsuccessful, we commend the other arresting officers and EMS personnel in their actions taken to try to save the life of Kenneth Johnson.

Definitions:

Electronic Control Device - a device which conducts electrical energy to a subject to disrupt the subject's muscular control for the purpose of creating temporary physical incapacitation of the subject.

Taser - The Taser is a less lethal Electronic Control Device (ECD) which propels probe-tipped wires to conduct electrical energy which will, when effective, affect the subject's muscular control and produce temporary incapacitation with very little likelihood of causing serious physical injury or death.

Less lethal - force applied with the intention to subdue or otherwise render a subject non-threatening, with the very little likelihood of producing serious bodily injury or death.