Montgomery County District Attorney Kevin R. Steele announced on May 14th that the investigation of a fatal shooting on April 26th, by an Ambler police officer has concluded and has determined that the shooting was a lawful use of force.

The investigation of the shooting was conducted by the Montgomery County Detective Bureau, as is protocol for any officer-involved shooting in Montgomery County. As part of the investigation, Montgomery County Detectives interviewed police officers and witnesses; reviewed the 911 call, police bodycam footage, and other evidence. The officers involved cooperated with the investigation.

According to the announcement, the incident took place on Saturday, April 26th at 7:34 p.m., when officers responded to a 911 call made by 43-year-old Roberto Aguilar Cholula. Cholula informed the 911 dispatcher that he wanted to die and was in possession of a knife. Officers arrived to find Cholula outside of the Forest Garden Apartments and armed with two knives, including a butcher-style knife. Cholula refused to comply with multiple commands by officers to put the knives down.

As Cholula approached the officers with the knives extended, one officer discharged his Taser, but it failed to incapacitate Cholula. He kept walking towards the officers, and they backed up and kept telling him to put down the knives. The second officer then fired one shot from his duty weapon, striking Cholula in the abdomen, and he immediately dropped to the ground. Officers immediately rendered aid to Cholula. Cholula was transported to Jefferson Abington Hospital, where he later died.

“These officers attempted to get the subject to comply with multiple commands to drop his deadly weapons as he advanced toward them,” said District Attorney Steele. “Our investigation determined the facts of this case supported the use of deadly force by police officers.”

Included with the announcement is the following:

In Pennsylvania, the use of deadly force by a law enforcement officer is governed by Section 508 of the Pennsylvania Crimes Code. A law enforcement officer is “justified in using deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or such other person…” 18 Pa.C.S.A. §508(a). In addition, the use of deadly force by law enforcement officers is justified to defeat…the escape of a person who possesses a deadly weapon, or otherwise indicates that he will endanger human life or inflict serious bodily injury unless arrested without delay. 18 Pa.C.S.A. §508(a)(1)(i),(ii).