PHILADELPHIA (KYW Newsradio) — Pennsylvania’s high court has ruled in favor of a former Philadelphia police officer charged in the 2017 killing of a Black man. A state Supreme Court justice also admonished Philadelphia District Attorney Larry Krasner for his handling of the grand jury indictment.
In a 4-2 decision, the court ruled that former police officer Ryan Pownall can use the justifiable shooting defense in his third-degree murder trial for killing David Jones, after Pownall stopped Jones on his dirt bike in North Philadelphia and shot when he attempted to flee.
Pownall was indicted by a grand jury, and the District Attorney’s office argued the current state law is unconstitutional because it gives too much leniency and flexibility to police officers.
But the state Supreme Court pointed to specific language which says an officer can use force to “prevent death or serious bodily injury,” or “even resistance or escape.”
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In the majority opinion, they agreed the issue of police shootings “warrants serious examination by every facet of government as well as those outside of it,” but said the Pownall case isn’t the “proper forum.”
Defense attorneys said prosecutors were trying to rewrite state law to fit a conviction, and it violated Pownall’s constitutional rights.
In a separate opinion, Philly-born Supreme Court Justice Kevin Dougherty, a Democrat, criticized how the DA conducted the grand jury indictment, questioning procedures, rule of law and the overall handling of the case.
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The District Attorney’s office said the Pennsylvania Supreme Court failed “to review the constitutionality of legislation” and that they will continue with prosecuting Pownall as they review their options.
The trial was expected to begin next month, but will likely be postponed until attorneys figure out their next move.