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DISTRICT ATTORNEY YORK COUNTY JUDICIAL CENTER 45 NORTH GEORGE ST. YORK, PA. 17401 (717) 771-9600 Office (717) 771-9738 Fax

MEMORANDUM TO: Wesley Kahley Chief of York City Police Department Arthur Smith West Manchester Township Police Department Trooper Justin Feeney Pennsylvania State Police Corporal Steven J. Wise Pennsylvania State Police cc: Media Farley Holt, Esquire FROM: DATE: RE: Tom Kearney District Attorney of York County January 21, 2014 Death Investigation: Death of Juan Bonilla Jr. Date of incident: November 24, 2012 approximately 2:37 am Location: 807 Loucks Rd., York PA, specifically the traffic way between the Veteran’s Political Association (aka Ada’s), Royers’s Flowers and Gifts, and Haller Enterprises

The undersigned is now in receipt of the final investigation report authored by Trooper Justin Feeney, of the Pennsylvania State Police, and I have reviewed same. The delay in the issuance of this report resulted from a delay in the obtaining a ballistics report from the Pennsylvania State Police Crime Lab. As you are aware, I, as well as Trooper Fenney, were present on scene, immediately following the events which led to this death 1

investigation. Subsequent to the investigative report being presented to the undersigned, this author, together with Trooper Feeney, again visited the scene. The synopsis of Trooper Feeney is as follows: “On 11/24/12 at 0232 hours, this incident occurred at the Veteran’s Political Association Club (VPA / formerly known as Ada’s) located at 807 Loucks Rd, York City, York Co. It was on this date and time in the establishment that multiple fights began to occur among many patrons over unknown reasons. One such fight was caused when James FUDGE was struck in the face by a Hispanic male of a shorter stocky build with a pony tail and a yellow shirt. The only person meeting this description, identified and arrested for an unrelated charge at the scene is Wilder SALAZAR. SALAZAR’s booking photo that morning shows he has a pony tail, is 5’11”, 250 lbs, and attired in a yellow polo shirt. During my interview with FUDGE he indicated that he did not instigate nor did he know why this subject struck him but at the same time FUDGE related that he punched him back anyway. It was at this time that FUDGE observed a taller skinny Hispanic male wearing a black jacket wield a handgun at him. The description FUDGE provided is similar to that of the Deceased, Juan BONILLA Jr a.k.a. “Cano”. When FUDGE observed the Hispanic male with the black coat wield the handgun, he ran to the front main entrance of the VPA. FUDGE remembered hearing three gunshots go off inside the establishment while he exited toward the door. FUDGE ran out into the parking lot and proceeded south along the east side of Royer’s Flowers toward SR 30. FUDGE turned the corner to travel east on foot to the south of Royer’s Flowers when he was apprehended by West Manchester Police Department Officer Lance KROUT. Just before FUDGE was arrested, FUDGE observed the Hispanic male in the yellow shirt (SALAZAR) turn around after chasing him and ran back north. FUDGE suspected that male too had a gun and was shooting at him and relayed this information to Ofc. KROUT, who then put that description of the Hispanic male with the yellow shirt out over the radio to the other police officers on scene. This also corresponds with what Tychia FOLK observed and related to York City Police Detectives during her interview. FOLK advised that “Cano” was “mad about his peoples fighting inside Ada’s.” She advised “Cano” had a silver or chrome handgun with a long barrel and saw him with it outside of Ada’s. She advised she saw “Cano” pull the gun out after several shots were fired by other people. She advised she told him to ‘Please chill, don’t do this.’” 2

Several 911 calls were placed from patrons at the VPA to report the melee that was going on at the establishment of 20-30 people fighting, to include with pool cues, and shots were being fired. While a James FRY was on the telephone with a 911 dispatcher he advised that while he was outside in the parking lot of the VPA and didn’t see any weapons / didn’t hear any gunshots and observed people fleeing the premises. 10 seconds later you can hear in the background of the telephone call a female voice shouted “Cano” and 20 seconds after that you can hear gunfire. Officer Christopher ROOSEN with the York City Police Department (YCPD) and Officer Michael JORDAN with the West Manchester Township Police Department (WMTPD) were staging in the Haller Enterprises parking lot next to the west side of the Haller Enterprises building, observing the VPA waiting for other backup units. Both Officers knew the VPA as a problem bar with a history of violence there in the past. Ofc. ROOSEN arrived on scene first and then Ofc. JORDAN arrived to assist. While monitoring the bar from the Haller Enterprises parking lot, Officer ROOSEN recalled at one point observing “people started streaming out of the business…they were definitely panicked running as fast as they could to their cars, people running in every direction, cars taking out of the parking lot at really fast rate of speed.” After that, Ofc. ROOSEN observed the Deceased “chasing a dark green minivan heading south through the parking lot toward SR 30.” Ofc. ROOSEN didn’t observe anyone on foot in the area of the van and didn’t observe anyone with the Deceased. Ofc. ROOSEN indicated that the van was on the west side of the grass median that separates Royer’s Flowers from Haller Enterprises and he and Ofc. JORDAN were on the east side of the median. Ofc. ROOSEN then observed the Deceased fire “4-6 shots” at the van, approx. 20-30 feet from him and Ofc. JORDAN, verifying that he could observe it was a handgun, could see the muzzle flash and hear the shots. A review of the York County Control recordings revealed Ofc. ROOSEN transmitting over his portable radio at 0236 hours, “yeah 10-4 we’re waiting for you guys here” you immediately hear 2 gunshots in the background. Ofc. ROOSEN related that he and Ofc. JORDAN pulled their handguns but Ofc. ROOSEN was unable to engage initially because he didn’t have a clear line of sight to the Deceased because the van was in his way. Ofc. ROOSEN was unable to announce any verbal commands to the Deceased because of this incident happening so quickly. According to Ofc. ROOSEN he then moved around toward the west side of the median and waited until he had a clear line of sight to the Deceased who was proceeding south, his back to Ofc. ROOSEN, and the Deceased’s 3

arm was extended shooting toward this van. Ofc. ROOSEN reported he was in fear for the safety of the occupant(s) in the van, aimed his weapon center mass and began firing at the Deceased and expended one full magazine from his weapon (15 bullets) retaining one bullet in the chamber and reloaded another full magazine into his weapon. Ofc. ROOSEN recently qualified with the York City Police Department on 10/22/12. Ofc. ROOSEN related that he began firing at the Deceased because he felt the people in that van were in danger of the Deceased shooting at it. Ofc. ROOSEN noted that it did not appear the Deceased was being affected by the gunfire until he began to wobble and threw his arms up and extended out and observed an object fly out of his right hand, and Ofc. ROOSEN could not identify what that object was. When Ofc. ROOSEN observed both of the Deceased’s hands go up he stopped firing. The Deceased stumbled further east and collapsed in the grass median. Ofc. ROOSEN recalled Ofc. JORDAN yelling verbal commands to the Deceased while he was on the ground but was unable to observe any movement. Ofc. ROOSEN then radioed for an ambulance for treatment for the Deceased. Ofc. ROOSEN guarded the area and kept people at bay who were coming who were coming toward the Deceased after the gunfire. Ofc. JORDAN’s accounts of the events are similar to Ofc. ROOSEN being that they were in the same area when this transpired. Ofc. JORDAN was on the median at Loucks Rd and Route 30 approx. 0.25 mile from the establishment when he heard the original dispatch. The Officer in Charge, Ofc. KROUT, then advised that his officers with WMTPD should start heading toward the VPA to assist. Ofc. JORDAN heard on the radio that Ofc. ROOSEN was on scene waiting for other units that would probably have an extended arrival time which led Ofc. JORDAN to respond. Ofc. JORDAN related that he parked next to Ofc. ROOSEN and then they stood outside of their vehicles overseeing the parking lot. Ofc. JORDAN observed people coming out of the VPA but not in any real panic. Ofc. JORDAN indicated that Ofc. ROOSEN addressed the operator of a black sedan speeding through the parking lot and at that time he then observed people coming out of the VPA in a frenzy, observing 3-4 people coming out of a single door. Ofc. JORDAN observed people running in the parking lot and out of the perimeter of the parking lot, jumping over vehicles and hiding trying to get into vehicles. Ofc. JORDAN observed a taller subject walking up from the dimly lit parking lot south between Royer’s and Haller Enterprises and observed the Deceased’s right arm come up. Ofc. JORDAN related that he could not see a gun at that point, but by his arm movement he 4

could tell what it was. Ofc. JORDAN explained that he then observed the muzzle flash and gunshot. Ofc. JORDAN observed the Deceased shooting in a southern direction. Ofc. JORDAN recalled giving verbal commands to the Deceased to put the gun down and the Deceased fired a shot ignoring his commands. Ofc. JORDAN advised that the Deceased fired his gun again behind a van before he could engage the Deceased in gunfire. Ofc. JORDAN recalled a silver van traveling toward their direction, went across the parking stalls at an angle toward the grass median. Ofc. JORDAN couldn’t see anyone else on the west side of the van. Ofc. JORDAN could see the Deceased near the van and when he observed him, it looked as though his legs were coming out from underneath him as if he was being hit by gunfire. Ofc. JORDAN did not presume the Deceased was shooting at the van but shooting directly south toward SR 30 at an unknown vehicle that had already gone through the parking lot. According to Ofc. JORDAN, the Deceased then looked toward Ofc. JORDAN’s direction and Ofc. JORDAN fired several shots toward the Deceased. Ofc. JORDAN explained that he lost sight of the Deceased behind the van because it separated them as Ofc. JORDAN was on the driver’s side using it for cover and presumed the Deceased was trying to enter the side door of the van to escape. Ofc. JORDAN positioned himself toward the hood of the van and then observed the Deceased stumbling on the opposite side of the van at which point Ofc. JORDAN fired an additional shot at that point. Ofc. JORDAN did not recall the van moving, but did advise that the van was not there after everything was over. Ofc. JORDAN never observed anything leave the Deceased hands while the Deceased was on the opposite side of the van. Ofc. JORDAN related that the Deceased went down into the grass median and then came back up and yelled something to the effect of, “yo, yo, really” and was agitated. The Deceased then went back down to the ground with his arms underneath him and then began coming back up again. Not knowing if the Deceased still had his firearm Ofc. JORDAN fired an additional shot at him. When this occurred, Ofc. JORDAN observed the Deceased was rolling back up on his side with his hands underneath him and fired an additional shot toward his chest on his side. Ofc. JORDAN explained that the Deceased’s arms then came out from underneath him and he no longer felt the Deceased was a threat. Ofc. JORDAN related that he attempted to look for a firearm on the Deceased’s person but did not locate one. Ofc. JORDAN recalled the Deceased then mumbled something at which time Ofc. JORDAN called over the radio for EMS for the Deceased. Ofc. JORDAN related that he fired his first shot(s) at 5

the Deceased in a western direction toward the Tractor Supply parking lot after the Deceased fired his first two rounds. Then Ofc. JORDAN fired “a couple rounds” toward the back of Royer’s at the Deceased. As the Deceased was passing the front windshield of the van, Ofc. JORDAN fired over the hood at the Deceased toward the front corner of the Royer’s and one final round at the Deceased as he was getting up from the grass median. Ofc. JORDAN related when he was firing at the Deceased, aiming at center mass of the Deceased, specifically his chest area and being conscious of his surroundings he observed no bystanders behind the Deceased. Ofc. JORDAN could not recall how many rounds he fired at the Deceased. Ofc. JORDAN noticed that the use of lethal force by him and Ofc. ROOSEN was not effective initially. Ofc. JORDAN realized the lethal force was effective when he observed the Deceased’s stumbling on the other side of the van. Ofc. JORDAN observed the Deceased was hunched over as he stumbled from the other side of the van and then fell into the grass median. Ofc. JORDAN completed his Fall firearm qualification course on 09/25/12 with the WMTPD. Ofc. JORDAN explained that he fired at the Deceased because he felt as though other patrons, as well as himself and Ofc. ROOSEN, were in danger. Ofc. ROOSEN transmitted a code signal 13, equivalent to an officer in distress call, over his radio which caused additional units to respond to his location. Ofc. ROOSEN requested EMS for the Deceased being that he sustained a gunshot(s) wound. Ofc. ROOSEN and Ofc. JORDAN maintained a secure perimeter around this area of the scene keeping other patrons at bay and maintaining integrity of the scene. As additional officers arrived at the scene multiple people were detained for questioning and the entire parking lot(s), traffic ways and inside the VPA were secured for investigation. Ofc. ROOSEN and Ofc. JORDAN were then transported from the scene by Sgt. FIGGE to the York City Police Department. Ofc. ROOSEN was issued a Glock 22 .40 caliber semiautomatic pistol with serial number GZN971. On 11/24/12 at 1052 hours, when this firearm and associated magazines were collected and contained in a box at the York City Police Department from the custody of Lt. Tim UTLEY, it contained 2 fully charged 15round capacity magazines, 1 empty 15-round magazine, the firearm and one live round that was chambered in the breach at the time it was secured. Ofc. JORDAN was issued a Sig Sauer P226 .40 caliber semiautomatic pistol with serial number U742313. On the same date, time, and location, Ofc. JORDAN’s firearm and associated magazines were collected and contained in a box at the York City 6

Police Department in the custody of Lt. Tim UTLEY as well. This box contained 2 fully charged 12-round capacity magazines, one partially expended 12-round capacity magazine containing 5 live rounds, the firearm and one live round that was chambered in the breach at the time it was secured. With fully charged magazines and a loaded weapon, Ofc. ROOSEN would have fired 15 rounds and Ofc. JORDAN would have fired 7 rounds. This deduction coincides with the number of expended .40 caliber S&W Federal shell casings recovered from the scene. There were 22 .40 caliber S&W Federal shell casings recovered from the scene of this incident. The stolen black and silver colored Smith and Wesson .40 caliber semi-automatic pistol with serial number DUN2510 which was recovered on the east side of Royer’s Flower’s contained one partially charged 14-round capacity magazine containing 4 live gold casing RP S&W .40 caliber rounds. There were 2 gold casing RP S&W .40 caliber shell casings expended inside the VPA and 8 gold casing RP S&W .40 caliber shell casings expended outside. Those figures combined would account for the 14-round capacity magazine fully charged with no round inserted into the chamber. The additional physical evidence at the scene consisted of one bullet hole into the ceiling inside the VPA. I also observed broken glass from a bullet at the east entrance into the establishment of Royer’s. Additionally, there was broken glass from a bullet that penetrated through the first set of windows on the west entrance into the establishment of Haller Enterprises. The bullet did not penetrate through the second set of glass and therefore was collected for analysis. Tpr. CAMPBELL, while forensically mapping the scene, observed two bullet strikes on the west wall of the Haller Enterprises building that was north of the west entrance. No other bullets were recovered around the Haller Enterprises. A bullet was recovered from the Subway, located south of SR 30 after it penetrated through the glass on the north side of the establishment and came to final rest in the Subway eating area. All of the bullets and shell casings that were recovered were submitted to the lab for forensic analysis.” A total of 52 interviews were conducted of persons identified as being present during the early morning hours of November 24, 2012. Because of the large number of people necessary to interview immediately after the event, detectives from the York County District Attorney’s Office and officers from the York City Police Department were called in to assist the Pennsylvania State Police. Both officers involved cooperated in the investigation.

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Police recovered two bullet casings inside the VPA. There was one bullet hole found in the ceiling. Outside, an additional eight casings of a similar manufacture were found. A stolen handgun was located by police on the parking lot near the Northeast corner of Royer’s Flower Shop. A piece of a projectile was found near the handgun. Inside the stolen handgun, four bullets with casings of a similar manufacture were found. The clip used in the stolen handgun held 14 rounds, all of which would be accounted for through the casings and bullets of the same manufacture. One bullet strike occurred at the entry area of Royer’s Flower Shop on the western side of the parking lot. Three bullet strikes occurred in the exterior walls of Haller Enterprises located on the eastern side of the parking lot. An additional bullet strike was found in the North facing side of a Subway restaurant located on the south side of Route 30 facing the parking lot. One bullet strike was also located in a mini van driven that morning by Samantha SHEELER as she left Ada’s during the event.. Ballistics examination revealed the two bullet casings found inside the VPA and the eight casings found outside were fired from the stolen weapon. Outside the VPA no casings were recovered that suggest any firearm was discharged other than the stolen handgun or the weapons possessed by Officer ROOSEN and Officer JORDAN. A forensic examination of the stolen handgun found at the scene failed to reveal any identifiable latent fingerprints. An examination for DNA on the stolen handgun was also attempted, however the laboratory report revealed “no interpretable results.” The investigator obtained surveillance video from local area businesses; however, none revealed anything of relevance to the matter under investigation. The video camera within Officer KROUT’s police cruiser did capture an individual proceeding southbound with his arm extended, although the image is of poor quality. It is noted that the area where the incident occurred is not well lit at night. The autopsy report revealed Mr. BONILLA sustained 2 gunshot wounds, one to the back of the chest area, and one to the left thigh. The point of entry to the chest wound is centered in the back, 20 inches below the top of the head, 11 inches below the top of the shoulder, and 1 and ! inch left of the midline. It is a 3 inch circular defect with a 1/81/4 inch asymmetrical rim of abrasion, most prominent at it superior aspect. Neither wound contained soot or stippling which would indicate a close or contact discharge by a firearm. There is minor blunt abrasion trauma to the left knee. Toxicology tests revealed a .14 BAC. At the autopsy, a large caliber copper jacketed deformed projectile was recovered from the superior left aspect of the shoulder and given to the State Police investigator. That bullet (presumably the fatal wound) was forensically compared to the officer’s weapons. Who actually fired that bullet cannot be confirmed due to mutilation. The examination suggests, however, that it was likely fired from Officer ROOSEN’s pistol.

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The investigator provided documentation that both officers who used deadly force had undergone departmental training involving the use of that force. Among those interviewed were Mr. BONILLA’s intended target, James FUDGE, as well as Ofc. KROUT who took FUDGE into custody, and the interview conducted with BONILLA’s cousin, Wilder SALAZAR. FUDGE advised that he arrived at the VPA at approx. 0230 hours. FUDGE indicated that he was at George’s Tavern until approx. 0200 hours prior to arriving at the VPA and a female named Sherry drove him and two other females, Sierra and Tierra (unknown last names), in her tan Buick. FUDGE explained that he did observe a fight at George’s but he did not know the people involved and he only overheard someone mention “Baltimore.” FUDGE indicated that when he arrived at the VPA he was never wanded down and he further advised that he is not a member of the VPA. FUDGE advised that while at the VPA he observed two lighted skinned black guys getting into an altercation. FUDGE described the actors involved as one wearing a white T-shirt and the other wearing a red shirt (BULL and ORR). FUDGE observed BULL and ORR fighting by the bar near the front door. FUDGE also observed another fight breaking out in the hallway to the restrooms. It was at that time that FUDGE explained that a light skinned Hispanic male, medium / thick build, thin mustache and goatee, wearing a yellow jacket, and had “braids / blow-out” hair approx. shoulder length, walked over to him with two other males and began instigating a fight with him. FUDGE related that Hispanic male then punched him in the face. FUDGE indicated that he punched the Hispanic male back in the face and it was at that time that he observed out of the corner of his eye a Hispanic male coming toward him wielding a gun. FUDGE described the Hispanic male as approx. 5’9”, with short black hair; skinny, black jacket, younger looking and he didn’t know if he had facial hair. FUDGE advised that he fled from where he was at, which was by the tables beyond the dance floor, and fled across the stage. FUDGE explained that at the time he began running he heard 3 consecutive gunshots. FUDGE indicated that he encountered people at the door as everyone was trying to exit at once, causing him to fall and skin his knee. FUDGE related that he had to push through the crowd and ran out the front entrance toward SR30. FUDGE advised that he ran through the parking lot in a southern direction past Royer’s to his west and around the building. FUDGE explained that he never looked back up until this point. FUDGE indicated that when he was running around the building he was arrested by a police officer and turned around observed the Hispanic male in the yellow jacket turning around and running back toward the VPA. The Officer who apprehended James FUDGE was Officer KROUT of West Manchester Township Police Department. Off. KROUT was notified of the fight in the 800 block of Loucks Rd and because he knows there is a history of fights at the VPA he responded to the scene. KROUT advised that he pulled into the Tractor Supply parking lot, west of the VPA. KROUT 9

indicated that he was walking down toward the north side of Royer’s in the Tractor Supply parking lot and observed the Deceased running up from the VPA parking lot running south. KROUT observed the Deceased fire at least twice because he observed the muzzle flash twice. KROUT indicated that when he was clearing the guardrail that separates the Tractor Supply from Royer’s, he could hear what he recognized as police commands. KROUT did not know specifically what was being said, but by the command tone he knew it was police. KROUT then heard gunshots and could see all 3 muzzle flashes from the Deceased, Ofc. JORDAN and Ofc. ROOSEN. KROUT indicated that it appeared everything was going toward SR30. KROUT observed out of the corner of his eye a subject coming around the corner of the south of Royer’s fleeing west on foot, later identified as FUDGE. KROUT proned FUDGE out at gunpoint, at which point FUDGE advised him that a “dude was shooting at me, they are shooting at me.” When KROUT asked for a description, FUDGE related the following, “Puerto Rican male, yellow shirt with a pony tail and a gun.” 08/29/13 at approx. 0925 hours, Wilder SALAZAR was interviewed in the company of his Attorney George MARROS. SALAZAR advised that the Deceased is his first cousin. SALAZAR advised that he and the Deceased had a close relationship. SALAZAR indicated that prior to going to the VPA he was at George’s Bar. SALAZAR related that he was not at George’s with the Deceased. SALAZAR explained that he went out with Marcellus HARDY and the Deceased was with Quantez who were childhood friends (presumably Quantez JENKINS who was interviewed by Det. SPENCE and SOWERS from YCPD). SALAZAR indicated that at approx. 0130 hours, he left George’s and went to the VPA. SALAZAR indicated that he walked into the VPA, was patted down, entered and then sat down at the bar. SALAZAR advised there was a female he was interested in at the bar, Elaina ZECH (bio info in interview 13), who he began talking to. SALAZAR related that the Deceased was sitting to ZECH’s right and was talking to her first. SALAZAR explained that the Deceased then walked away. SALAZAR indicated that the Deceased then came back and grabbed his shoulder and said, “they jumping Var” (Lavar ORR). SALAZAR advised that he is not friends with ORR but he is associates with him. SALAZAR explained that he and ORR had issues before and is now only an associate. SALAZAR related that he advised the Deceased that the altercation had nothing to do with him. SALAZAR indicated that he observed ORR was getting assaulted by four or five people. SALAZAR noted that ORR and the Deceased were friends. SALAZAR explained that after the Deceased summoned him, SALAZAR jumped into the altercation. SALAZAR related that ORR was on the floor at the corner of the bar and SALAZAR pushed four or five people off of ORR. SALAZAR indicated that when he pushed the people off of ORR, someone punched him in the face. SALAZAR advised that when he was punched it caused his nose to bleed and he became angry. SALAZAR related that he tried to determine who punched him because there were a lot of people involved.

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SALAZAR explained that he then heard two gunshots behind him from one weapon. SALAZAR did not hear any other firearms being discharged inside the club. SALAZAR related that at that time he didn’t know where the Deceased was. SALAZAR indicated that a B/N/M about his height approx. 200 lbs. with a beard was in front of him who he presumed was out of town because guys from Philadelphia or are Muslim are the only people around York who have beards. SALAZAR related that B/N/M broke a pool stick in front of him and SALAZAR asked what he was going to do with that. SALAZAR advised that at that time another B/N/M punched him in the face. SALAZAR described this B/N/M to be slightly larger than the Deceased, thin build approx. 140-145 lbs., slim face, long beard, and a short haircut (James FUDGE physical description). SALAZAR indicated that he didn’t recall what this male was wearing. SALAZAR related that he observed people running out of the club. SALAZAR explained that this male who punched him (presumably FUDGE) then ran toward the front door. SALAZAR advised that he then chased after this male. SALAZAR indicated that when he ran after him toward the front door, the B/N/M, fell and SALAZAR fell behind him. SALAZAR explained that he had a hold of his shirt at the door when he fell. SALAZAR advised that he continued chasing the B/N/M who was running ahead of him up through the parking lot of the VPA toward Royer’s Flowers when he heard gunshots from behind him. SALAZAR advised that approx. 10 people were exiting the VPA at this time. SALAZAR related that when they ran outside, he still didn’t know where the Deceased was. SALAZAR related that while running up through the parking lot he saw police vehicles by the SR 30 entrance. SALAZAR noted that he didn’t see any police officers to his left but observed the emergency lights and vehicles entering / blocking the main entrance from SR 30. SALAZAR indicated that he didn’t see any police officers. SALAZAR explained that after he saw the police he turned around and ran back toward the BMW that BRADY was driving. SALAZAR indicated that he didn’t know the Deceased died. SALAZAR explained that ORR entered the back of the BMW. SALAZAR related that police officers then approached them and took them all into custody SALAZAR noted that the Deceased was a “pretty boy” and was not the type of person to fight. SALAZAR explained that he didn’t see the Deceased with a gun at the VPA. When asked if he knows if the Deceased would carry a gun, SALAZAR said, “I mean he’s younger, I don’t have no idea, but I ain’t never seen him with no gun. I can’t tell you exactly whether I seen him with a gun that night cause I didn’t go out with him that night. With him being out there like that, I would not question it, I can’t tell you the truth because he’s younger than me. That’s my first cousin, because we have family functions and all that, and me chillin around a little kid like that, I’m 37 years old, for me to chill everyday with him, I don’t do that. I can’t tell you, I know one thing, Quantez was out with that man…” SALAZAR advised that there were two other people, Tim MCCASKELL and his John (unknown spelling / bio) out with them. SALAZAR related that the MCCASKELL’s told the family members of the Deceased what occurred at the VPA. SALAZAR explained that the MCCASKELL’s tried telling him what occurred and he told them he didn’t want to hear it and referred them to the Deceased’s family attorney. SALAZAR indicated that they both are B/N/M’s and SALAZAR thought Tim worked for Frito Lay. SALAZAR advised that he thought one of them was older than 11

him and one was younger than him. SALAZAR thought they both lived in York. When asked if SALAZAR spoke with someone who knew the Deceased was in possession of a gun that night, SALAZAR said, “No, I ain’t, I don’t, I’m going to tell you the truth, that night all my ties to anybody, I don’t even talk to nobody.” SALAZAR only knew the one person who was assaulting ORR to go by “Q”. SALAZAR indicated that the people who were fighting were not part of any gang. After being asked again if SALAZAR knew if he heard if the Deceased had a gun the night of this incident, he related that he did not. When asked if he ever knew the Deceased ever carried a gun, SALAZAR replied, “What’s that got to do with the case?” “I seen him with a lot of people with guns” “No”. “If I was out with Cano that night, and I knew he had a gun, you know what I mean.” When asked if he ever saw Cano with a gun before again, SALAZAR said, “I seen him hold a gun before, but for me to say he had a gun, no.” “For that night, I was with my cousin, I didn’t see him with no gun, and he didn’t have no gun of my knowledge.” When asked again if SALAZAR observed the Deceased with a gun before, SALAZAR turned to MARROS and said, “I’m ready to go man” and the interview was terminated at 1002 hours. Other interviews were significant. Sachuwang MILLER was interviewed by Det. RIPLEY and Det. KOZAK described that while running outside he observed a dark black male wearing a dark long sleeve shirt or hoody (BONILLA was wearing a black hoodie) firing a gun while running eastward. Det. SPENCE and Det. SOWERS interviewed Tychia FOLK who observed BONILLA with a silver / chrome handgun outside of the bar. She advised that BONILLA was “mad about his peoples fighting inside Ada’s.” She saw BONILLA pull the gun out after several shots were fired by other people (no evidence any other shots were fired outside of the officers and BONILLA). She told BONILLA “please chill, don’t do this”. Quinton PRICE recounted that after the fights started, someone, possibly Lavar Orr, fired a gun near the front entrance. A second shot rang out near the dance floor by an unknown black male wearing a hoodie. “Cano” (the deceased) ran chasing an unknown black male. PRICE followed. The black male was 20-25 feet ahead of Cano running South. He heard 2-3 shots fired and then after a brief moment another 3 shots. These, he believes were fired by Cano. Police then shot and as soon as they did, Cano dropped. Bridgette WASHINGTON-SAMUEL recalls a light skinned black male wearing a hoodie firing a shot inside Ada’s. She indicates it wasn’t “Cano” (Mr. BONILLA). Lavarr ORR was uncooperative, had a bruised eye, and refused to answer questions. Keith BULL, who arrived with Quinton PRICE and Cano, recounted that he and Lavar ORR “got into it.” 12

Brian CAREY stated BULL started the fight with ORR. Officer Christopher ROOSEN, of York City Police Department, was the first officer to arrive at Ada’s with Officer Michael JORDAN of West Manchester Township Police Department arriving shortly thereafter. Both exited their cars. People were outside, exiting Ada’s and the officers were getting updates from 911. Those exiting at that time did not seem panicked. They were waiting for additional officers to arrive before making entry. Officer ROSEN describes a large vehicle come through the parking lot at a high rate of speed. Shortly after that “people started streaming out of the business and you could definitely tell they were panicked.” “People were running in all directions.” Officer ROOSEN then describes seeing an individual running south through the parking lot, appearing to chase minivan. Officer JORDAN states that upon his arrival he got out of his vehicle, and walked over to speak with Officer ROOSEN, to await the arrival of additional units. He too describes people exiting but nothing like what he then saw: “That’s when it just started erupting out of Ada’s. They were just screaming coming out of the doors. Three or four people going through a single door. I mean they were just rolling out of there. They were just kind of splitting going both ways. I saw people jumping over vehicle hoods, hiding up against cars, trying to get into vehicles and things at that point. The parking lot, from what I recall, is not a real bright parking lot. Kind of dimly lit.” Officer JORDAN then recalls seeing an individual proceeding southbound through the parking lot behind a van “like they would have went between Royer’s and Haller Enterprises.” “At that point, I see his arm come up, and at that point—I mean I couldn’t see the gun at that point, but you knew by his action what it was. At that point I remember seeing the muzzle flash and the gun shot, and then he fired additional shots.” Officer ROOSEN recounts similar observations: “And before I know it, he starts shooting at the van, and I want to say maybe four to six shots he got off. I could see the muzzle flashes coming. I couldn’t see the gun specifically, but it was definitely a handgun, and I could see 13

the muzzle flashes and hear the reports. And he was maybe 20-30 feet from Officer Jordan and I, from where we were standing.” The suspect continued shooting and running behind the van, Officer ROOSEN described looping around “like in an arc position from our original position” westbound, looking south towards Loucks Road to get a clear shot. “His whole back was to me. He was still running after this van and still firing. That’s when I proceeded to commence firing on him. I don’t—at the time I don’t know how many shots I fired. It didn’t seem like he was being affected at any point until he kind of—it looked like he kind of wobbled a little bit, and he kind of threw his arms out like extended up and extended, and I saw something fly from his right hand. I didn’t know if it was a gun, but it was really dark in the parking lot so I couldn’t tell, but I did see an object fly out of his right hand.” Officer JORDAN remained where he was, returned fire but then lost sight of the shooter, not observing the object fly from the shooter’s hand: “And I fired a couple additional shots there, and then he disappeared behind the van which I thought possibly it was picking him up.” “I was on the opposite side of the vehicle’s hood, the van. The suspect came out the opposite side, kind of stumbled, and I know I shot at least one round there.” Officer ROOSEN then describes what happened next as the defendant stumbles: “When he brought his hands up like that, I stopped firing. He kind of stumbled a little bit eastbound, and then ended up collapsing in that grassy median. And Officer JORDAN and I kept him at gunpoint. I remember officer JORDAN yelling at him verbal commands to show his hands, and I couldn’t see what he was doing because I was from, you know, his---if he was laying down like this, and his head was facing east, I was back here towards here, kind of not to be in the crossfire, but I was looking at him from behind and to the side so I couldn’t see what he was doing with his hands.” Officer JORDAN also recounts Mr. BONILLA collapsing on the grassy median:

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“And then he went down into the grass, just kind of rolled into the grass. The suspect then came back up.I want to say he said something like “Yo, yo, really?” or something. He was yelling something at me. And he kind of went down with his arms underneath him. At that point I didn’t realize whether he had a gun or not. I knew he had a gun as he disappeared behind the van, so I fired an additional shot there. And then he laid there and mumbled some things. I remember trying to get on the air. I don’t know whether it came across or not to get EMS on the way. I think that’s when Sergeant KELLY from the City arrived, and more or less took over the scene.” Sgt. KELLY, of York City Police was the first officer to the body of Mr. BONILLA after being directed by Officer ROOSEN that “He’s the shooter.” Sgt. KELLY reported that upon approaching the body, Mr. BONILLA’s right arm was under him as he lay face down. The individual driving the van, which was struck by a bullet, was Samantha SHEELER. She saw a subject running southbound to the west side of her van just prior to the police officers opening fire. Both Officer ROOSEN and Officer JORDAN expressed their belief that they, and others, were in danger of death or serious bodily injury at the time they utilized their service weapons. STATEMENT OF THE LAW There are specific provisions that relate to the use of deadly force. As stated in the Pa Crimes Code, 18 PaCSA § 505(a); the use of deadly force is not justifiable unless the actor believes that such force is necessary to protect himself against death or serious bodily injury, nor is it justifiable if the actor provoked the use of force against himself in the same encounter; or the actor knows that he can avoid the necessity of using such force with complete safety by retreating. It should be noted, however that a public officer justified in using force in the performance of his duties is not obliged to desist from efforts to perform such duty, because of resistance or threatened resistance 18 PaCSA §505(b). In this context, a person employing protective force may estimate the necessity thereof under the circumstances, as he believes them to be when the force is used, without retreating. The Fourth Amendment requires peace officers to use only an amount of force that is objectively reasonable in light of all the surrounding circumstances. Graham v 15

Connor, 490 U.S. 386, 397, 109 S.Ct. 1865, 104 L.Ed.2d. 443 (1989). Assessing the level of permissible force “requires a careful balancing of the nature and quality of the intrusion on the individual’s Fourth Amendment interests and the countervailing governmental interests at stake.” Id. Courts must give due regard to the fact that officers frequently make split-second judgments about the amount of force to use without the benefit of hindsight. Graham, 490 U.S. at 396-97. Indeed a claim of self defense cannot be defeated by showing that the actor used more force than was necessary so long as he reasonably believed it was immediately necessary to kill in order to protect himself against death or serious bodily harm. See Comm v. Fisher, 491 Pa 231, 420 A.2d 427 (1980). ISSUE AND OPINION In the instant case, the issue is whether the deadly force that was used by the officers was unreasonable under the circumstances such that criminal charges should be brought against the officers. The facts reveal that police were responding to a call of a disturbance inside Ada’s. It is unclear how many shots were fired inside, or if they were from the same gun. A least one witness, Bridgette WASHINGTON-SAMUEL, indicates that someone other than Mr. BONILLA also fired a gun. It is possible that revolver may have been used which would not expel casings. Witnesses describe 2 separate fights breaking out at about the same time and gunshots ringing out from several locations. The casings found inside Ada’s indicate that the stolen weapon later found in the parking lot was fired twice inside Ada’s. It was also fired eight times outside. James FUDGE, who had gotten into a fight with Wilder SALAZAR, was then confronted by Mr. BONILLA, who according to Mr. FUDGE, had a gun. FUDGE ran, saw he was chased by SALAZAR, who he also thought may have had a gun, and never looked back, until he was apprehended by Officer KROUT. Sachuwang MILLER describes an individual matching BONILLA’s description firing a gun outside the bar. Tychia FOLK observed an angry BONILLA with a handgun outside of the bar. She told BONILLA “please chill, don’t do this”. Officer KROUT observed Mr. BONILLA fire at least twice observing the muzzle flash twice. He describes other officers as giving commands. Both of the officers who fired also described a running Mr. BONILLA firing a weapon, immediately prior to their firing at Mr. BONILLA. Officer ROOSEN looped around to the Northwest so that Mr. BONILLA, who was still firing, had his back to the Officer. He then fired his weapon at Mr. BONILLA. While it is impossible to tell which of the Officers fired the fatal shot to the back of the chest, both the forensics and Officer ROOSEN’s location when he fired, suggest it came

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from his weapon as BONILLA was running behind and then to the west side of the southbound van. Officer JORDAN fired as well but then lost sight of Mr. BONILLA as BONILLA disappeared behind the van. At this point BONILLA’s weapon flew from his hand, but this was unseen by Officer JORDAN. BONILLA then stumbled east and collapsed on the grassy median. BONILLA then came back up and yelled something to the effect of, “yo, yo, really?” BONILLA then went back down to the ground with his arms underneath him and then appeared to begin coming back up again. Still believing BONILLA had his firearm, Officer JORDAN fired an additional shot at him. When this occurred, Officer JORDAN observed the Deceased was rolling back up on his side and facing west with his hands underneath him. It does not appear this shot was the fatal one, as the front of BONILLA’s body was facing the officer at the time the shot was fired. Both officers’ descriptions of their movements and those of Mr. BONILLA, during the shootout correspond to the on ground locations where their, and Mr. BONILLA’s bullet casings, were found. With regard to the mental state of the officers as the incident developed, it is clear that the circumstances known to the officers justified their use of their firearms, both for the protection of others and themselves. Accordingly, the officers’ use of deadly force in response to Mr. BONILLA’s conduct was justified and no criminal action is warranted. CONCLUSION In the instant case, the issue is whether the deadly force that was used by the officers was reasonable under the circumstances. With regard to the mental state of the officers as the incident developed, it is clear that the circumstances that they observed made it apparent that they, or others, were in imminent danger of immediate serious bodily injury or death at the time deadly force was utilized in the discharge of their service weapons. It is also beyond question that the fear of immediate serious bodily injury or death was reasonable. Mr. Bonilla had fired at James Fudge inside Ada’s Bar and continued firing his weapon in the parking lot area while chasing another(s). The officers’ actions were in response to this conduct and to the concern that he still possessed and intended to use the firearm as he lay on the ground. Accordingly, the use of deadly force in response to Mr. Bonilla’s conduct was justified and no criminal action is warranted. The cause of death is determined to be gunshot wounds. The manner of death is determined to be justifiable homicide. The matter is now closed.

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