‘Justifiable homicide’ determined in fatal police shooting of Burgettstown man
Jon Andreassi/Observer-Reporter
Washington County District Attorney Jason Walsh speaks Friday at a news conference about the outcome of an investigation into a trooper shooting and death of a Burgettstown man earlier this year.
Jon Andreassi/Observer-Reporter
Washington County Coroner Timothy Warco speaks at a press conference at the district attorney’s office Friday morning.
Washington County District Attorney Jason Walsh announced Friday that a state police investigation into the fatal shooting of a Burgettstown man by a trooper earlier this year determined the trooper’s actions were justified.
The trooper, whom Walsh did not identify, fired seven shots at Dennis Fonoimoana, 26, hitting him five times after he brandished a firearm, according to Walsh.
County Coroner Timothy Warco said Fonoimoana died of multiple gun shot wounds to the chest and neck. According to Warco, “multiple compounds” were found in Fonoimoana’s system following toxicology tests, but he did not specify which substances were found.
Warco ruled his death a homicide.
State police were called to the Rural King in Washington Crown Center, North Franklin Township, shortly before 6 p.m. May 21 after receiving a report of the theft of a chainsaw.
The trooper saw the vehicle described in the dispatch while patrolling on Route 50, and pulled the car over near the intersection of Westland Road and Main Street in Mount Pleasant Township.
The driver did not have valid identification, nor did the passenger, Fonoimoana.
Walsh said that while the driver was out of the vehicle, the trooper asked if there were any weapons in the vehicle or if Fonoimoana had a weapon, and the driver responded that he did not know.
The driver has not been charged with a crime, and Walsh declined to identify him.
Walsh said the trooper “cautiously” approached the passenger side of the vehicle.
“The trooper sees that the passenger has his elbows on his knees and his hands underneath of the passenger side seat,” Walsh said. “He begins yelling, ‘Show me your hands! Show me your hands!’ repeatedly.”
According to Walsh, Fonoimoana refused to comply. The trooper believed he heard the rack of a gun. Fonoimoana then moved his hands from under the seat, and the trooper saw a gun in his hands, according to Walsh.
“The trooper then begins to scream repeatedly, ‘Drop the gun! Drop the gun! Drop the gun!'” Walsh said.
According to Walsh, Fonoimoana did not drop the gun and turned toward the trooper, and the trooper fired his weapon.
Walsh said the gun recovered at the scene had been reported stolen and was fully loaded with the safety off.
Walsh said the account was corroborated by an independent witness who watched the incident from his yard, as well as the vehicle’s driver.
The trooper was placed on administrative duties during the investigation, but will resume his normal duties now that it’s concluded, state police confirmed.
The driver told police that they had stolen a chainsaw from Rural King and pawned it before the encounter with police. Walsh said they were able to recover the chainsaw.
“The investigation unequivocally shows that the trooper was reasonable in his belief that his life was in danger, or that he would be seriously injured, and that deadly force was necessary to prevent death or serious injury to himself,” Walsh said.
“Circumstances left him with no alternative than to discharge his service weapon to stop the threat to his life. The totality of the circumstances shows that use of deadly force was reasonable, and as a result there will be no criminal charges filed in this matter. And this matter, in my opinion, is a justifiable homicide.”