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Officers cleared in shooting

By William Kibler, bkibler@altoonamirror.com
POSTED: December 14, 2008

An Altoona Police Department review has cleared three officers involved in a

shootout that seriously wounded a city man Nov. 22.

The officers are back to work in their normal roles after the paid leave

that departmental policy requires after an officer fires a gun and wounds or

kills someone.

The gun battle started on 14th Street near 16th Avenue after officers Dwayne

Eichenlaub, Joseph Merrill and Jack Kuhn encountered John A. Ray during a

routine traffic inquiry, according to the criminal complaint filed by state

police.

Ray, wanted in Philadelphia County for failing to register as a Megans Law

violator, bolted and began firing a 9mm handgun at the officers after one

began checking him for weapons, state police said.

The officers chased and fired back, hitting Ray in the arm, hip and legs as

he took cover between parked cars on 14th Street, state police said.

Trooper Richard Brozenich said he believed the officers were justified in

what they did.

City police conducted an internal investigation, then a Firearms Review

Board discussed reports on the case and recommended that Chief Janice

Freehling clear the officers - which she did.

"We would not return them to duty if we felt they were having issues that

would affect their job performance," she said.

In keeping with department policy, the officers met with a psychologist and

can continue to get counseling if they want, Freehling said.

Ray was taken to Altoona Regional Health Systems intensive care unit, but

he is now at Blair County Prison in lieu of $250,000 cash bail.

He is charged with attempted homicide, aggravated assault, illegal

possession of a gun, failing to register as a Megans Law violator and

possession of a small amount of marijuana.

A prior felony conviction for aggravated indecent assault prohibits Ray from

possessing a firearm, according to the complaint.

In addition to failing to register as a Megans Law violator in

Philadelphia, Ray failed to register in Altoona, where he was staying on the

1600 block of 14th Street for several weeks with a cousin, the complaint

stated.

A preliminary hearing is set for Central Court Jan. 7.

Brozenich, the investigating officer, is waiting for a ballistics report,

which he said he doesnt expect to need for the preliminary hearing.

State police handled the criminal investigation at the request of Freehling

to eliminate her departments potential conflict of interest.

The review board consists of the deputy chief, the commander of patrol, the

commander of criminal investigations, a department firearms instructor and

the president of Mountain Lodge No. 8, Fraternal Order of Police.

Mirror Staff Writer William Kibler is at 949-7038.

Member Comments
View Comments: | 1-5 | Post a comment
lambs1
12-14-08 6:29 PM
Hey Johnboy, are you related to Cressonboy?

donkeysrule
12-14-08 3:57 PM
"Altoona Police reviewing themselves. Was there any doubt what the finding would be?"

Listen Johnboy, you should at least read the story before you post. You and your kind should go back to afternoon soap operas and stay off the computer. I am really tired of idiotic posts like yours.

voiceofreason
12-14-08 2:52 PM
JohnParker, if there was going to be a cover-up the State Police would not have done the criminal investigation. Can't see the forest for the trees. So anxious to get a dig in on police you forget or ignore the fact that there was an independant agency doing the primary investigation. In cases where criminal charges are possible against the police (like this one) the internal review is the least of anyone's worries. Get a life little johnny. If only we all could be as perfect as the bloggers that read the Altoona Mirror. I would like to meet some of you people in real life to see exactly what I am doing wrong in life and learn from your examples.

textcop
12-14-08 11:19 AM
We don't often see that our police officers have to shoot at someone but when some idiot decides to fire at one of these officers, we should expect no less than they fire back. How would you like to be investigated for doing your job? The Police put themselves in harms way to protect us. I hate to see gunfire in our streets, this is not Philly but I say if the need arises, that is the officers job, let him do his job. We should up the ante on the "Commit a Crime with a Gun" law to automatic 10 years. Thank You to the Altoona Police for keeping our streets safe.

JohnParker
12-14-08 10:14 AM
Altoona Police reviewing themselves. Was there any doubt what the finding would be?

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