Ferguson Township police officers were justified in the July 25 fatal shooting of an armed man who repeatedly threatened their lives during a standoff in a radio station parking lot, a Pennsylvania State Police investigation concluded yesterday.
Police shot and killed Brian Neiman, of Pottersdale, after he threatened police with a loaded shotgun when they intercepted him in the parking lot of Christian radio station WTLR -- just a few miles outside of State College.
"It is my conclusion, based upon all of the information that we received, that the officers involved in the shooting were justified in the shooting," Centre County District Attorney Michael Madeira said yesterday during a press conference conducted by Ferguson Township police, Pennsylvania State Police and Madeira.
The officers had no choice but to use lethal force after Neiman not only rammed police cruisers with his car, but shot at officers after reportedly telling them "today is your day to die," Madeira said.
As the officers were determined not to be at fault, they will be back on patrol duty as early as next week, Ferguson Township Police Chief Diane Conrad said. They had been on paid administrative leave until the state police investigation concluded, Conrad said.
"Obviously, we're looking forward to having these officers -- who are frankly heroes -- back out on the street, protecting the citizens of Ferguson County," Madeira said.
Neiman was on his way to the station that morning hoping to share a story about a motorcycle gang he had told to Log Cabin Motors owner Jason Penland just 30 minutes before, Madeira said.
Penland, who was working at the dealership with his mother when Neiman arrived with a loaded shotgun, said Neiman told him a bizarre tale of a "drug conspiracy" that involved nurses, doctors, disappearing evidence and a motorcycle chase, before asking Penland for $500.
Madeira said yesterday the encounter between Neiman and Penland has been classified as a burglary because Neiman was armed and demanded Penland give him money.
Using aerial photos of the scene, Madeira detailed the events that led to Neiman's death after he entered WTLR's parking lot in his white Ford Bronco, revealing details only officers at the scene could have known.
As it has been reported, Neiman tried multiple times to hit two Ferguson Township officers -- Tim Stringer and Dave Mulfinger -- with his SUV, Madeira said. Neiman also showed officers his loaded shotgun before firing at them at least once, according to witness reports referenced by Madeira.
Throughout the confrontation, officers proceeded as they did because of the little to no cooperation they received from Neiman, Madeira said.
"While he may have raised his hands for a very brief period of time, it appears that he did not comply with any of the instructions of the officers," he said.
At one point, Stringer pepper-sprayed Neiman, but he appeared unfazed and rolled up his window before driving away from the officer, Madeira said. As Neiman drove around the WTLR building and onto neighboring roads, he had two chances to flee the scene but returned both times to again threaten officers, Madeira said.
It was only after Neiman rammed a police cruiser for the second time, exposing the two officers to potential gunfire, that officers fired into the Bronco's passenger window and killed Neiman, Madeira said.
A search of Neiman's SUV revealed he had another shotgun and a box of shotgun shells, a Winchester 30-30 with one chambered round, a box of .357 shells and a .357, Madeira said. Toxicology reports, which could reveal if Neiman was under the influence of drugs, alcohol or medication, are not yet ready, Madeira said.
The Ferguson Township officers involved are all "doing well under the circumstances," Conrad said.
"Right now, all the officers just want everything to be back to normal," she said.
