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.
