Posted on 08/23/2003 6:27:19 AM PDT by Born Conservative
Two state troopers involved in a deadly police shooting in Mocanaqua on Wednesday have been cleared of any wrongdoing by Luzerne County District Attorney David W. Lupas.
In issuing his decision based on two independent investigations and eyewitness accounts, Lupas called the actions by Trooper Gary Batt to use deadly force "appropriate" and "justified."
"A police officer is permitted to use deadly force to prevent deaths or serious bodily injury to another," Lupas said. "In my determination, that's what occurred here."
Trooper Batt fired a shot from his .40 caliber Beretta at Eddie T. Vega, 36, hitting him in the chest.
Vega died while enroute to a hospital, said Capt. Carmen Altavilla, commander of Troop P based at the state police Wyoming Barracks.
The shooting occurred about 25 minutes after troopers Batt and Stanley Bekoski responded to a domestic disturbance at 121 Italy St. at about 5:30 p.m.
Capt. Altavilla said there were two calls for police from the residence by Doreen Chesla and Vega.
Vega had assaulted Chesla's daughter and his girlfriend, Christina Shatrousky, 23, in violation of a protection from abuse order.
When the troopers arrived, they observed injuries to Shatrousky's upper body and told Vega he was being arrested.
"When advised he was being placed under arrest, he ran and fought with them (troopers)," Lupas said. "At one point, he grabbed a tree limb or a tree branch, attempting to strike the troopers with that object.
"He did not obey verbal commands to desist his actions," Lupas added.
Lupas said Vega continued to be combative even after being maced and struck with batons by the troopers.
"Mr. Vega grabbed a heavy metal rake, a type of gravel rake with claws, swinging it wildly and violently at the troopers," Lupas said.
Vega swung the rake several times at the troopers' heads and upper body, according to three eyewitnesses.
Trooper Batt was forced to shoot Vega after he struck Trooper Bekoski in the arm with the rake.
"They attempted verbal commands, they attempted mace, they attempted batons, and unfortunately, the use of deadly force was necessary in this matter," Lupas said. "I believe the troopers followed protocol. They went through a series of events to try to diffuse the situation and it appears to me quite clearly that Mr. Vega did everything to escalate the situation."
"As far as our department is concerned, both Trooper Batt and Trooper Bekoski operated exactly as they were trained," Capt. Altavilla said. "Both troopers were in full compliance with all the regulations that we have on that matter."
State police has a strict policy on the use of deadly and non-deadly force when arresting a suspect. Troopers receive continued training three times year on the topic, Capt. Altavilla said.
Lupas said three eyewitnesses were consistent in their statements in detailing what occurred.
"They were all very consistent in the fact that Mr. Vega in swinging the rake, was swinging it and their words were 'wildly, violently, in the manner to try to hurt the troopers, swinging it high with the tongs or teeth of the rake at the troopers, and swinging it high at their head area,'" Lupas noted.
Capt. Altavilla said Trooper Batt was about 8 to 10 feet from Vega when he fired.
The shooting occurred immediately after Vega struck Trooper Bekoski with the rake, the commander said.
"They never had the opportunity to call (for back up)," Capt. Altavilla noted.
Trooper Bekoski was treated and released from Berwick Hospital. Both troopers, assigned to the Shickshinny barracks, will remain on administrative duties for several days.
Troopers Batt and Bekoski have been members of the state police for 12 and 8 years, respectively, Capt. Altavilla said.
Vega lived at the residence with Shatrousky and her mother. The couple has a 1-year old daughter. Their daughter and Shatrousky's other child, a 2-year old girl, also live at the residence.
Vega was permitted to stay at the residence despite the PFA issued to Shatrousky on May 27.
The PFA directed Vega to refrain from causing or attempting to cause physical injury to Shatrousky.
She filed for a PFA on May 20, a day after Vega held her on a bed, choked and punched her.
Shatrousky claimed that while she was pregnant with their daughter, Vega pushed her down stairs, broke her nose, and punched and kicked her.
The shooting was investigated by the state police Internal Affairs Division and county detectives Jack Hlivia, Michael Dessoye and Gary Sworen.
The troopers were represented by Attorney John Moses, solicitor for the Fraternal Order of Police Frances Albert Lodge 43.
http://www.freerepublic.com/focus/f-news/968504/posts
He wasn't, by any chance, Amish .... was he....?
Not any more...
This part is bizarre. I'm sure the court didn't allow the guy to keep living there without the consent of both the daughter and her mother. And those two have to be certifiable to agree to let the guy stay there after he did what they say he did.
I was thinking the same thing...
Someone swings one of those at me and I'm dropping him.
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