District Attorney Tom Kearney’s findings on the death of Joseph Penderghest

8/20/2019 District Attorney Tom Kearney’s findings on the death of Joseph Penderghest

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DISTRICT ATTORNEY

YORK COUNTY

JUDICIAL CENTER

45 NORTH GEORGE ST.YORK, PA. 17401(717) 771-9600 Office

(717) 771-9738 Fax

MEMORANDUM

TO: Trooper Steven Nesbit

Pennsylvania State Police

Carlisle Barracks

[email protected]

Sergeant James Cuttitta

Investigator – Internal Affairs Division

Pennsylvania State Police- Harrisburg

[email protected]

cc: Lieutenant Nicole Palmer

Pennsylvania State Police

Troop H- York Barracks, Commanding

[email protected]

Media

FROM: Tom Kearney

District Attorney of York County

DATE: July 30, 2015

RE: Death Investigation: Death of Joseph Vincent Penderghest III

Date of incident: August 9, 2014, approximately 1:12 am

Location: 6866 Reynolds Mill Rd, Springfield Township, York

County, PAPSP Incident #: HO7-2318306

I am in receipt of the Pennsylvania State Police incident report HO7-2318306hereafter referred to as Report, concerning the above referenced matter. After reviewing

the Report along with materials including, but not limited to the investigation report ofTrooper Nesbit, interviews of those who had contact with the deceased in the hours and

weeks prior to his death, the transcribed statements of the officers involved, the record of


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911 communications, the ballistics report prepared by the Pennsylvania State PoliceBureau of Forensic Services, computer downloads of the Tasers possessed by the officers

involved, the Autopsy Report and accompanying toxicology report, physical evidenceincluding items seized at the scene, scene photographs, the report of the firefighters

involved, a CD-R containing the MVR recording of this incident from a police patrol

vehicle, emails authored by the deceased in the weeks prior to his death, forensicmapping of the scene, a report of Kevin Selverian, a Pennsylvania State Police use offorce expert, and after the District Attorney personally visited the scene of the death

shortly after it occurred, and observed the interview of Amber Stahl, the DistrictAttorney’s office makes the following findings and recommendations:

STATEMENT OF THE FACTS

The nature of the incident and circumstances related thereto are best set forth in

the synopsis of the Report as completed by Trooper Steven Nesbit of the PennsylvaniaState Police which follows:

“On 08/08/14, at approximately 1800-1830 hours, Joseph

Vincent PENDERGHEST III, (aka John) left 243 S. CharlotteST. Manheim, PA 17545, with Amber Lynn STALH and her 1

year old daughter Kiley Sophia RODRIGUEZ. They planned totravel to the PENDERGHEST residence located at 10319

Westlake Drive #147 Bethesda, Maryland 20817. They weretraveling in a 2005 Mercedes Benz SUV bearing Maryland

registration 4BG7170. As they traveled through Hershey, PAPENDERGHEST pointed to a building and stated the “CIA

Headquarters.” From that point, PENDERGHEST continuallymade references to the CIA, FBI, and other Law Enforcement

Agencies. He believed those agencies were spying on him,stalking him, and constantly following him. This paranoia

progressed during the trip and he began to accuse STALH thatshe was working with these agencies. As they traveled on I-83

southbound they approached an active work zone. The left lanewas closed and the two lane traffic was restricted to one lane.

Just inside the work zone was a marked Pennsylvania StatePolice cruiser with its emergency lights activated to alert traffic

of the construction zone. Seeing the marked cruiser intensifiedPENDERGHEST’s paranoia, and he started to drive his vehicle

in the closed right lane. As he approached exit 10, he observedit was also closed with barricades and cones. PENDERGHEST

drove through the barricades and cones and continued to accuseSTALH of working with Law enforcement and being an

informant.

After driving past the barricades on the closed exit he stoppedthe vehicle. While stopped, PENDERGHEST produced a


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handgun from his lap. He began to waive the handgun aroundand towards STALH. He continued to talk about his paranoia

and accuse her of working with Law Enforcement. As hewaived the handgun towards her, she grabbed it and pushed it

away from her. As she pushed it back towards him the handgun

fired a single shot. STALH then reached into the backseat andremoved her daughter from the car seat position directly behindJoseph. STALH ran from the vehicle and to the Rutter’s gas

Station located at 362 N. Main St. York, PA.

PENDERGHEST traveled up exit 10 and drove in anunknown direction to Reynolds Mill RD. While driving north

in the area of 6866 Reynolds Mill RD. PENDERGHESTintentionally crossed the yellow line and exited the east edge of

the roadway. Upon exiting the roadway he struck a largeevergreen shrub and a utility pole. The vehicle continued to

travel through a grassy area before it entered a parking lot. Thevehicle then struck one parked car in the rear end and

continued traveling into another parked car. It struck thesecond parked car in the driver side and pushed it into a third

parked vehicle. The struck vehicles were parked in front of anapartment complex. James Willard FITZHUGH resides in the

apartments and heard the loud noises created by the crash.FITZHUGH contacted 911 and proceeded outside to check on

the operator of the crashed vehicle (PENDERGHEST). Heinitially heard Joseph revving the engine, and when he opened

the passenger side door, PENDERGHEST was sitting insidethe vehicle holding a knife.

The 911 operator informed FITZUGH to back away and wait

for police to arrive. Troopers William COLVIN and WilliamWRIGHT were the first to arrive on scene. They observed the

crash and immediately attempted to make contact withPENDERGHEST. They made contact with PENDERGHEST

and observed him to be holding a knife and actively cutting hiswrists. He was covered in blood and there was visible blood

inside the interior of the vehicle. Tpr. COLVIN gavePENDERGHEST verbal commands to drop the knife and used

his issued OC spray. The OC spray did not have a noticeableeffect on PENDERGHEST, and he continued to hold the knife

and cut himself. Troopers COLVIN and WRIGHT continuedto give him verbal commands and then deployed their issued

Tasers on PENDERGHEST in another attempt to stop himfrom harming himself. The Taser deployments were also not

effective and PENDERGHEST began to exit his vehiclethrough the passenger side door still holding the knife. During


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their initial contact and as the situation continued, hecontinually made statements of “shoot me.” Troopers

COLVIN and WRIGHT continued to give him verbalcommands, and they transitioned from their Taser’s to their

Department issued pistols as he exited the vehicle towards

them. PENDERGHEST exited the vehicle and brought hisknife up towards his chest. As he exited and brought the knifeup towards his chest he became a direct threat to Troopers

COLVIN and WRIGHT. PENDERGHEST then took a steptowards COLVIN and WRIGHT. At this point, he became a

threat to their safety and they fired several rounds to stop hisadvancement towards them. They aimed for his center mass

and several rounds struck him. PENDERGHEST fell to his back and lay on the ground. COLVIN and WRIGHT had

stopped his action and ceased fire. Trooper COLVIN utilizedhis portable radio to summons EMS. He and WRIGHT then

attempted to move in on PENDERGHEST. As they steppedtowards him, he began to move and was still holding the knife

in his right hand. PENDERGHEST made several morestatements and would not respond to COLVIN and WRIGHT’S

verbal commands. He got up and continued to move towardsCOLVIN and WRIGHT with the knife in his right hand.

Trooper COLVIN fired one shot. The shot did not stop hisadvancement. PENDERGHEST then lunged at COLVIN and

WRIGHT causing them to fire several more rounds. Theyfired the rounds until PENDERGHEST stopped his

advancement towards them. He was fatally wounded by one ormore of the rounds.

Troopers COLVIN and WRIGHT then observed

PENDERGHEST’s vehicle had caught fire. The fire was aresult of the crash. WRIGHT immediately retrieved the fire

extinguisher from the patrol vehicle and attempted toextinguish the flames. Due to the blood on PENDERGHEST,

COLVIN put his gloves on and moved his body away from the burning vehicle.

Corporal Alan TREES of PSP York arrived on scene.

PENDERGHEST’s vehicle was checked for other occupantsand the residents of the apartment building were evacuated.

Two of the vehicles struck by in the crash were moved awayfrom the fire. The fire department responded to the scene and

extinguished the fire. Once the fire was extinguished the scenewas fully secured and not further disturbed. It was determined

PENDERGHEST was fatally wounded, and no medicaltreatment was administered.”


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Description of Scene:

The location of the incident is a red two story, wood constructed, 6 unit apartment

complex on the east edge of Reynolds Mill RD. The physical address for the apartmentunits is 6876, 6874, 6772, 6870, 6868, and 6866. The complex has a large macadam parking lot to its front with only one access point from Reynolds Mill RD.

There were several vehicles parked in the parking lot to include the three struck vehicles

which were a blue 2007 Saturn Aura, PA reg. JMG9012, a sliver 2004 Saturn Ion, PAreg. JFZ3759, a blue 2013 Hyundai Sonata, PA reg. DBT0568, and Joseph’s black in

color Mercedes Benz. The Mercedes Benz and silver Saturn Ion were still in their finalresting positions from the crash. One bullet hole was observed underneath the shutter of

unit 6868. The path of travel was consistent with the direction of fire from TroopersCOLVIN and WRIGHT.

It was apparent PENDERGHEST traveled north on Reynolds Mill RD. As he

approached a slight right curve in the roadway he drove across the double yellow line andexited the east edge of the roadway. Tire marks were observed in the grassy area located

on the east edge of Reynolds Mill RD. Upon inspection of those marks it was apparentPENDERGHEST did not make any attempt to stop his vehicle or perform any steering

maneuvers. He traveled in a straight line into a large evergreen shrub. This did not causesignificant damage to the vehicle and it continued to travel in a straight path into a utility

pole. The vehicle struck the utility pole with the driver’s side front end, causing damageto the right front wheel. His vehicle continued to travel across the large parking lot and

struck the rear end of the Saturn Aura. After striking the Saturn Aura in the rear end, hisvehicle continued in the same direction of travel and struck the driver’s side of the Saturn

Ion with its front end. The impact of this crashed forced the Saturn Ion into the HyundaiSonata that was parked directly beside it. While on scene the investigator learned the

Saturn Aura and Hyundai Sonata were moved from final resting location because of thevehicle fire that had occurred.

The investigation then focused on the Black Mercedes Benz and an initial check of the

vehicle was completed. The registration displayed was Maryland 4BG7170. A checkindicated the owner of the vehicle was Preciosa Yap PENDERGHEST, of Bethesda, MD.

The passenger side door and the trunk lid were open and the driver’s side window wasshattered and broken. The passenger compartment could be observed through the broken

window, open door, and open trunk lid. The front passenger compartment was damagedfrom the fire. Blood was present throughout the area of driver’s side seat to include on

the door, air bag and center console. Blood was also present on the passenger side frontseat and on the passenger side door. The blood inside the vehicle is consistent with the

statements that PENDERGHEST was actively cutting his wrists at the time of TroopersCOLVIN and WRIGHT’S initial approach. Also observed was a black handgun on the

driver’s side floor. The handgun’s slide was locked open but could not be further viewed.


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Additionally there were several personal items inside the vehicle and a child’s seat in the2nd row driver’s side.

The vehicle was seized as evidence and removed from the scene by a tow truck. It was

transported to PSP York Barracks where a search warrant would later be executed.

At the time investigators arrived, the deceased’s body was still present at the scenewhere it had been moved by the Troopers to avoid the vehicle fire. Just outside the

passenger side door of the deceased’s vehicle, investigators observed several pieces ofevidence on the macadam. The items of evidence had already been identified by

members of the Troop H/Forensics Unit and marked. Those items included Taser probes,Taser cartridges, bullets, spent shell casings, and a black in color knife

To the right of PENDERGHEST’s body investigators observed a marked PSP unit.

The marked unit was H7-11 and was parked in a north east direction. It is equipped withan MVR unit and the unit was fully functional. The incident was fully audio and visually

recorded by the MVR unit.

The deceased was wearing black military style boots, black jeans, a black belt with aHarley Davidson belt buckle and black leather OC spray holder and OC spray canister, a

blue long sleeve shirt, a black ballistic vest, and a black t-shirt with an unknown designon it. He had several rings on his right hand. Investigators observed him to have what

appeared to be Taser wire wrapped around his ankles. He was also observed to have adeep laceration to his left wrist. The ballistic vest and blue long sleeve shirt were blood

soaked. His neck had a laceration on its right side and his face was blood covered withwhat appeared to be a bullet wound to his forehead. Also observed was a bullet wound to

his cheek and right ear.

Upon checking PENDERGHEST’s body and pockets, several items were discovered.Those items included another canister of OC spray, a money clip containing US currency,

and a wallet containing a photo driver’s license and numerous cards containing the nameJoseph PENDERGHEST. All items were placed into evidence.

The entire scene was photographed by members of Troop H/FSU. The scene was also

sketched and documented by members of the Troop H/C.A.R.S unit.

Interviews:

Amber Lynn STAHL

On 08/09/14, 0339 hours, Amber Lynn STAHL, age 21, was interviewed at PSP York

Station. She had been with PENDERGHEST that evening and as a result of herinteraction with him, had made contact with police.


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When asked, Amber related she referred to Joseph PENDERGHEST III as “John.”

She knew him through Jacqueline SHAY. She related Jacqueline is like a mother to herand John was Jacqueline’s ex-husband. She has known John on and off for several years.

She did not always see him and did not have contact with him from the age of 14-18. She

was in the care of the State of Pennsylvania. It was not until the past two years did shestart seeing and talking to him again. She was pregnant and started to see him and theywould talk. She related it was not until the past couple months did she actually start

having real conversations with him. When asked, she related he was a nice, fun guy whoseemed pretty normal. He was even giving her money to buy birthday gifts for her baby

daughter.

She related his wife left him in the past two weeks. He became depressed because she just left him without telling him where she was going, leaving a telephone number, or any

other contact information. When asked, she related she thought his wife’s name wasPrecious. When asked, she didn’t know John to drink much alcohol, do drugs or other

illegal substances.

She related on Friday 08/08/14, he asked her to go to his house in Maryland to pick upseveral rifles. Because she is 21 with a clean background he asked her to go. They left

her residence after 1800 hours and she took her one year old daughter with them. Sherelated John talked about going to get his rifles and taking them to a storage facility.

When asked, she was not sure where he was currently staying other than staying a few

nights with them. She related John was not currently working anywhere. He had told herhe had worked for NASA in the past. He told her wanted to get a job in a tattoo shop in

the near future.

She related as they drove to Maryland everything was fine until they got to Hershey,PA. While driving through Hershey he saw a building and stated this is where the private

investigators work. He stated the private investigators are after him. The idea that people were following him progressively worsened. As they got closer to York, PA he

started to accuse her of working with the CIA and Police. She continually deniedworking with any of the agencies he mentioned. He also started to say cars were

following him. He continued to state the brown cars were following him. As theyapproached an active construction zone they observed two State Troopers with their

lights on. Amber knew this was a usual occurrence in the construction zone, but itfurthered John’s paranoia.

STAHL related that prior to passing the first State Trooper, PENDERGHEST stopped

in the roadway and stated,” I’m going to turn around right now.” Amber STAHL relatedshe told him he couldn’t just turn around or back up because it was the interstate. He

then told her she was “working with them,” and that, “they are going to pull me over, andI won’t go down without a fight.” Once he passed the parked State Trooper,

PENDERGHEST told her she was lucky. As they continued to travel through theconstruction zone, the two lanes became restricted to one. PENDERGHEST began to


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drive through the cones and into the restricted area. He told STAHL, “they are onlysupposedly blocking the road off and they only want you to think it’s blocked off.”

Amber STAHL related that PENDERGHEST kept telling her she was working with themand she wanted him to get busted. As they approached I-83 exit 10, PENDERGHEST

observed the exit to be blocked off. According to STAHL, PENDERGHEST believed

the road was being barricaded for a reason, and he knew it wasn’t supposed to be barricaded. She continued to tell him not to drive through it, and she told him heshouldn’t be driving in the restricted area. John PENDERGHEST still drove through the

barricade, and STAHL yelled at him for it. He then stopped his vehicle, put it into park,and told her she was working with them. He then pulled out a handgun from under his

lap. She didn’t know he had one, nor did she ever see him with one before. He was veryagitated, waved it around, and further accused her of working with the police. He stated

he was going to kill himself and hurt himself. He stated he couldn’t trust anyone andcontinued to wave the handgun around in her face. She related she pushed his hand and

gun away from her face. As she pushed his hand down, the gun went off. She related sheimmediately jumped into the back seat and grabbed her daughter. She said was afraid he

was going to shoot her, and she didn’t trust him. She ran with her daughter away fromhis vehicle.

STAHL continued to relate that she then jumped over a stone wall and a fence. She

related she ran near a cornfield and a small orchard. She then saw a Rutter’s gas station.She walked up to the Rutter’s and got a slip of paper with the address. As she looked

around she saw a house with several people outside smoking. She approached the malesand told them her car broke down and she needed to use a phone. She related she

initially lied to the people because she wasn’t sure if she should tell them what reallyhappened. They let her into the house and she contacted Jacqueline SHAY. Upon telling

her what happened she told her to contact the police. She related before she called the police she told the people at the house what happened; they weren’t happy that she lied to

them but they said you need to contact the police.

STAHL also related the gun was in his legs the whole time because he never got out orreached for anything. She related the gun shot went towards the floor. They had normal

conversation until they passed the area of Hershey Park. She related that JacquelineSHAY did tell her about PENDERGHEST having anger issues, but she had never saw or

knew him to do anything like he did tonight. She related PENDERGHEST does not liketo talk on the phone or even text very much.

Jacqueline Elizabeth SHAY

On 08/09/14, at 0406 hours, investigators spoke to SHAY, age 42, at PSP YorkBarracks. She was not informed of Joseph’s death but was advised that members of PSP

York did have interaction with him.

STAHL had initially contacted her after Joseph fired the handgun in the vehicle.STAHL provided her with the details of what happened up until the point she fled the


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vehicle. STAHL then asked her to pick her up, so Jackie SHAY, and her husband, RogerSHAY, drove to PSP York Barracks. Upon her arrival and briefly speaking with

members at PSP York Barracks, it was learned Jacqueline was Joseph’s ex-wife.

After obtaining the above information a recorded interview was conducted. When

asked, SHAY related she has known Joseph PENDERGHEST, whom she refers to asJohn, for 20 years. She was married to him for 12 years

When asked about abnormal behavior or him having mental issues she related thefollowing information: He would get mad out of the blue, flip out, she was abused by

him several times, he would just act crazy, one minute he would be smiling the next itseemed like Satan entered him, they would get into fights and he would hit, punch or kick

her, immediately after he would act like nothing happened and have no remorse.

After their divorce they became close friends. Since the divorce they have had a greatrelationship. He was always welcome at her and Roger’s home. When asked, she related

this last mental episode occurred when his wife left him about two weeks ago.

He came to her house on Monday, 08/04/14 or Tuesday 08/05/14. She related thatPENDERGHEST looked like he hadn’t slept in days. They had done methamphetamine

in the past, and he was known to stay up for 12 days at a time. She asked him if he wasdoing drugs again, but he just said people were following him. He told her brown cars

were following him all the time. She told him to take a shower and after he again talkedabout people following him and the brown cars. She knew he had problems but thought

he was probably sleep deprived. She told him to just go to sleep and she would talk tohim in the morning.

SHAY related, “When he woke up this morning he was fine and everything seemed

good.” And that, “He left the house but came back that evening…he slept again andseemed to be doing better…he was still talking about people following him but it wasn’t

as bad.” According to SHAY, on 08/08/14, PENDERGHEST woke up and was fine, heslept pretty well, and he got a shower. She related he did not eat though. She states that

she did not see him eat, and knew that he would fast for days at a time; on one occasionhe fasted for 40 days. SHAY related that today he seemed fine though. She related it

almost felt like it was the “calm before the storm.

When asked, SHAY related PENDERGHEST really started talking about the browncars following him when he first arrived Monday or Tuesday. He was referring to the

people in the vehicles as “gang stalkers.” He told SHAY he was doing research on thecomputer and finding information about it. He also thought his wife was involved in the

gang stalking. He thought she was involved in the plot to have him killed. He furtherthought she was giving hand signals to the gang stalkers as they drove in the car.

SHAY related she tried to talk him about this paranoia and thought she had him talked

out of “that way of thinking.” She thought he just needed to get some sleep. Accordingto SHAY, even though he was sleeping some, PENDERGHEST was still on his computer


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all the time. He was calling private investigators, and lawyers. He was calling them andasking for their help in reference to the brown cars following him.

According to SHAY they all told him to seek professional help, but he would not.

When asked, she didn’t think he was using any drugs as she did not see any signs of drug

use, but related it was possible. She just did not think it would come to him shooting aweapon inside a vehicle.

When asked, SHAY reiterated PENDERGHEST came to her residence on Monday orTuesday. She was not sure where he was staying prior to coming to her residence. She

related he did not really trust many people outside her and Roger. She believed he feltvery comfortable in her home. When asked, Jackie related Joseph never sought any

professional help for his mental issues because he thought he was a genius, he wasalways a straight “A” student, and even worked for NASA. SHAY related

PENDERGHEST was very intelligent and he himself did not think he was crazy.

When asked, specifically about the last 24 hours with Joseph PENDERGHEST, JackieSHAY related the following: Last night he got in at midnight and slept for 5 to 6 hours.

She and Roger SHAY had woken up early that morning. Roger SHAY had to work andthey left their house around 0700 hours. She drove Roger SHAY to work and returned to

the house around 0830-0900 hours. Upon her return, she was in the kitchen whenPENDERGHEST came out to talk with her. He told her he was feeling good and asked

her if she felt awkward that he was here. She told him, “No you’re my best friend.” Theconversation continued like that and was a bit weird.

He then went into the living room and was on the computer. When she asked, he told

her he was on the computer to look for his wife, “Precious”. As the day continued Josephwanted to go get some ink caps. The ink caps were for tattooing and were at his house in

Maryland. Amber STAHL was staying with the SHAY family, and PENDERGHESTasked STAHL to go with him. He also asked if Jackie SHAY and her daughter wanted to

go, but she said no. She related STAHL is old enough to make her own decisions so shewent.

She thought they left the house around 1800-1830 hours. When asked, she related

STAHL does not have a cellular telephone but PENDERGHEST does. He, however,though his phone was bugged so he kept it off most of the time.

She related PENDERGHEST had a bug detector and actually checked her house for

bugs. When asked, she related the trip should only take two hours. She did not havecontact with STAHL until sometime around midnight.

STAHL called her and said PENDERGHEST was talking about people following him.

SHAY did recall she had an awkward conversation with PENDERGHEST two days prior. He told her if anything happened to him he wanted her to have certain possessions

of his. He even told her where his gravesite was. She attributed the awkward behavior tohim not sleeping and his mind being” whacked.” He gave her some papers and she put


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them in the safe at her residence. When asked, she related he had talked like that before.He had been in jail and said he would not go back, and would kill himself before he

would go back. She was not aware of him attempting suicide in the past.

SHAY related PENDERGHEST told her a story a while ago. He told her he took a

bunch of Tylenol and drank alcohol until he went to the hospital. He told her heintentionally did it because of his wife. She was not sure if it was true, but when he didvisit he looked terrible. After that visit he did not see him for a month, and then he just

popped back up at her house. She admitted their relationship is a strange one, but hisfamily turned their back on him. She told him she would always be there for him. She

was not sure if he was currently working. SHAY related he would tattoo for money andgave her and Roger SHAY several tattoos. When asked, she related she had been to

PENDERGHEST’s house one time, but did not know his current address.

When asked, Jackie SHAY related she only knew Joseph PENDERGHEST’s wife’sname as Precious. Precious was from the Philippines. When asked, she related Precious

probably left because of the abuse but she did not know for sure. JosephPENDERGHEST and Precious, as related by SHAY, have been married for close to 5

years.

When asked, SHAY said she was not concerned for STAHL’S safety when she left thehouse today. She said PENDERGHEST was having a good day, laughing, smiling, and

being the “old Joseph”. She would have gone with STAHL and PENDERGHEST also, but Roger SHAY was working. Due to her daughter’s custody agreement, she was not

allowed to go with anyone else.

As we closed the interview Jackie SHAY related she felt he was gone, and she wouldhave to prepare his burial. She felt if he hadn’t died he was at least gone mentally. She

said Joseph wasn’t always like this and thought he just finally lost it. When asked, sherelated Precious did get him a couple firearms. She didn’t think Joseph could get any

firearms because of his criminal record. She related he didn’t have any felonies but if hewent back to the state of Washington he could be arrested for his criminal background.

She did not see him with any handguns over the past couple of days.

Roger Mark SHAY

On 8/9/14 at 0434 hours, Roger SHAY was interviewed. SHAY related that he hadknown PENDERGHEST for 20 years. SHAY stated that for a lot of those years he had

not really seen him. SHAY related that PENDERGHEST was always kind of highstrung. SHAY related that recently, PENDERGHEST was more paranoid for whatever

reason. SHAY related that PENDERGHEST was down and out because his wife had lefthim. SHAY stated that was why they left him stay at their house. SHAY related that if

PENDERGHEST did not sleep he would get worse. SHAY stated that PENDERGHESTwas getting sleep while he was at the house.


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SHAY stated that PENDERGHEST was paranoid the last two weeks. SHAY furtherrelated that PENDERGHEST thought he was being followed by brown cars (CIA).

SHAY stated that he believed that PENDERGHEST was delusional. SHAY stated thathe thought it was because of a lack of sleep. SHAY indicated that PENDERGHEST

would go days without sleep. SHAY stated that on this day he seemed fine. SHAY

related that PENDERGHEST was in a good mood. SHAY stated that he was at work andwhen he got home from work, he was in a good mood. SHAY related that he got homefrom work around 1715 hrs. SHAY stated that he did not interact much with

PENDERGHEST on the day he died. SHAY indicated that he fell asleep because he putin some long hours after he got home from work.

SHAY related that he was asleep when PENDERGHEST left. SHAY stated that he was

awakened by his wife. SHAY explained that his wife told him that PENDERGHESTtried to kill Amber. SHAY stated that he was told that PENDERGHEST pulled a gun,

waived it around and threatened to kill her. SHAY stated that is all he knew until he gotup there. SHAY related that he started to hear other bits and pieces when he got to York.

SHAY stated that PENDERGHEST has talked before about suicide. SHAY stated that

PENDERGHEST told him he wanted them to take care of his things if anythinghappened to him. SHAY stated that PENDERGHEST was good at stashing money.

SHAY indicated that PENDERGHEST had some good jobs with NASA contractors.SHAY related that PENDERGHEST was very smart and had a high IQ. He further

related that PENDERGHEST did not trust banks and would stash cash. SHAY statedthat he never asked him about where he got his money because it was not any of his

business.

Shay related that he did not even know where PENDERGHEST lived. SHAY stated thathis wife may have been to PENDERGHEST’S house once but, he indicated that his wife

was not good with directions.

SHAY related that the last day or two, he felt that something was not quite right withPENDERGHEST. SHAY stated that PENDERGH4EST talked about being followed by

brown cars. SHAY related that he was not aware of any issues that PENDERGHEST hadwith the police.

SHAY stated that the last few days he did not have much interaction with

PENDERGHEST because he was working.

Amber STAHL re-interview

After the interview of Roger SHAY, investigators spoke again to Amber STAHL. Thisoccurred on 08/09/14, at 0427 hours at PSP York Barracks.

When asked, STAHL related during their drive from Manheim to York, “John was all

over the place.” She related he kept saying the cars were following him and he wasweaving in and out of traffic and weaving from road to road. She was not sure where she


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was for most of the night. She knew Hershey pretty well but after that she was not surewhere she was until they were closer to York. She related he seemed to be just driving in

circles around York.

When she asked him he kept saying they were going to Maryland but he was trying to

lose the cars that were following him. Even when there were no lights behind him, heexplained that they were still there they are just driving with their headlights off. STALHrelated she kept telling him no one was following him, but he would not listen to her.

When asked, she related when he started acting crazy he did use his cellular telephone.

He told her to call his mother and father. She related no one was answering the calls. Hewas telling her he knew where the CIA headquarters was. He told her to make sure

everyone knows where it is.

He told her he wanted to thank his mother for giving him life. He told her he loved her but didn’t think the outcome was going to be good tonight. He said all this right before

he stopped the car and fired the shot. When asked, she was able to clarify that she did notsee him cut himself but did hear him say he was going to cut himself. He was also saying

he was going to kill himself.

She related she thought to herself, “What if he was trying to stab me?” She couldn’tdefend herself, and that’s why she just took her daughter and ran away. She thought he

probably did cut himself, but was not sure. She was only worried about getting the gunaway from her and her daughter.

STAHL did advise she had two bags inside the Mercedes Benz. The bags contained

personal items that included her and her daughter’s social security cards and otherimportant documents. She asked to be contacted when the property could be released to

her.

Michael Todd BOOR

Police Communications Officer

On 08/09/14, at 0716 hours, investigators spoke to BOOR at PSP York Barracks.BOOR is a Police Communications Officer at the York Barracks. He had received

telephone calls, radio traffic, and related information for this incident.

When asked, he related the first call he received about this incident was from a residentat 6866 Reynolds Mill RD. The female caller stated she heard and felt a crash outside her

residence. The crash shook her house. She related it sounded pretty bad and it seemedlike the operator of the crashed vehicle was trying to flee the scene. BOOR related he

could hear a vehicle engine revving in the background of the telephone call.

While obtaining this information he checked his computer to see what PSP York patrolunit was close to the incident. He related Troopers COLVIN and WRIGHT were in the


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southern part of the county and the closest available unit. He dispatched them the knowninformation, they acknowledged and went in route. He also sent a message to the

midnight zone car. They were in the north end of the county. He advised the occupantsof the midnight zone vehicle that the operator may be trying to flee the scene and their

assistance maybe needed.

Troopers COLVIN and WRIGHT were on scene in 5 or 6 minutes. He didn’t haveradio communication with COLVIN or WRIGHT until they asked for EMS assistance

and the vehicle was on fire. While Troopers COVIN and WRIGHT responded to thescene, he was advised by York County 911 that another resident at Reynolds Mill RD

(6870) contacted 911. The resident reported the car was on fire and the operator of thecrashed vehicle was trying to cut his wrists.

York County 911 advised with this information they notified Fire and EMS to respond

to the scene. He provided the information to all the responding Troopers via the radio.COLVIN and WRIGHT called via the radio that they were on scene. Shortly thereafter

they asked for EMS. BOOR related he already knew EMS and Fire were in route. Hedid not hear much on the radio and Cpl. Alan TREES arrived on scene and then York

County 911 was calling back for an update. Cpl. TREES advised the car was fullyengulfed and the operator was deceased. Cpl. TREES then called him via telephone and

gave him the information of what happened. He then started to contact the chain ofcommand.

After Cpl. TREES arrived and several minutes after the incident occurred he received a

call from Amber STAHL via telephone. STAHL advised she was with a family friend.His first name was John. His last name started with a P but she was not sure what it was

or how to pronounce it. She related she was traveling with John to transfer weapons.

The car ride started getting strange. He then stopped the car and threatened her with agun. She got out of the car with her baby and ran. BOOR related he provided thisinformation to Cpl. TRESS and they picked her up and transported her to PSP York

Barracks.

Trooper Harold FLEMING, Jr.

PSP-York Barracks, Patrol Unit

Also interviewed as part of the investigation was Trooper Harold FLEMING Jr.

Trooper FLEMING was in the midnight zone vehicle referenced in the statement of

Michael BOOR. This interview was conducted on 08/09/14, at 0725 hours at the PSPYork Barracks.

When asked, FLEMING related he was working his scheduled midnight shift, 2300-0700 hours on 08/09/14. He was partnered with Tpr Jonathan CONFER. They were in

PSP York Marked patrol unit H7-16. FLEMING advised they heard the radiocommunication for the initial call. He and CONFER drove to the scene to assist if

necessary. As they traveled they heard the updates provided by PCO BOORS and radio


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traffic asking for EMS. They did not arrive on scene until after the incident took place.PENDERGHEST was deceased and his vehicle was engulfed in flames. He assisted with

securing the scene and the crime scene entry log.

Cpl. Alan J. TREES

PSP York Barracks, Patrol Unit

On 08/09/14, at 0732 hours, investigators spoke to Cpl. TREES at PSP York Barracks.

When asked, TREES related he was advised of a crash on Reynolds Mill RD. around0100 hours.

He was advised the vehicle had crashed into parked cars and the operator was revving

the engine. They got further information that the operator had a knife and was cutting hiswrists. Tpr. COVLIN and WRIGHT arrived on scene and soon after called for EMS to

respond to the scene. With this information he responded to the scene.

Upon his arrival he observed the operator was out of the vehicle and his vehicle wasengulfed in flames. He immediately checked on PENDERGHEST and observed him to

be deceased. He then approached the Mercedes Benz SUV and checked it for other passengers, evacuated the residents from the apartment complex, moved the parked cars

away from the fire, and secured the scene.

He then obtained a brief statement from Tpr. COLVIN. He was advised by TrooperCOLVIN that the operator had cut himself and he approached them with a knife. Tpr.

COLVIN and WRIGHT felt they were in immediate danger and fired several rounds atthe operator to stop his advance towards them.

James and Cynthia FITZHUGH

On 8/9/14 at approximately 0406 James and Cynthia Fitzhugh were interviewed at their

residence in the apartment complex where the incident took place. He related that he andhis wife were already at home in bed when the incident occurred. He related only he and

his wife reside here. He was close to falling asleep when he heard a loud noise outside.The satellite TV went out. His wife got up out of bed and said the lights were out. He

got up and came down stairs. He looked outside and saw a crashed vehicle in the parkinglot outside his door.

He related that his vehicle had been struck by the vehicle. He heard the vehicle’s engine

revving over and over. He went out to the crashed SUV (PENDERGHEST’s vehicle)and went to the driver side. He observed PENDERGHEST behind the wheel and

conscious. FITZHUGH related that the driver was staring at him with a daze. Hethought the driver was “on something” or at the very least dazed from the crash, he was

not sure. FITZHUGH attempted to make contact with the driver by asking him if he wasok and if he needed help. The window was up and the driver’s door was closed.

FITZHUGH related that the driver continued to rev the engine.


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FITZHUGH then went to the front passenger side of the vehicle and opened the door and

tried to make contact with the driver. FITZHUGH observed that PENDERGHEST had aknife in his right hand. He then spoke with 911 and told them what was going on. He

related that he was advised by 911 not to have any more contact with the driver of the

vehicle. FITZHUGH related they waited for the police to arrive. During this time thedriver of the vehicle was continuing to rev the vehicle’s engine.

The police arrived and he observed two officers. They made contact with the driver ofthe vehicle from the front passenger side of the vehicle. FITZHUGH related that the

officers gave commands to the driver to drop the knife numerous times. The officersused pepper spray on the driver. The officers gave more commands to drop the knife and

turn the car off. He saw the officers have their Taser’s out and gave more commands tothe driver to drop the knife. The officers deployed their Taser’s multiple times.

FITZHUGH related he could hear the Taser firing.

The officer’s gave more commands to the driver to put down the knife and get out of thevehicle. FITZHUGH related he observed the officers get their guns out. He related he

heard the officer’s give more commands. He saw both officers firing their weapons. Hecould not see where the driver was at that time. FITZHUGH related that the officer’s

gave more commands to the driver to drop the knife and then there were more shots. Thevehicle started to catch fire at which time the officer’s dragged the driver away from the

vehicle.

While speaking with James FITZHUGH his wife Cynthia FITZHUGH came downstairs.Both consented to a recording of their statements. An Olympus digital recorder was

used.

James FITZHUGH related the same as reported earlier but also related that during hisencounter with the driver at the passenger side of the vehicle, he observed the driver with

the knife in his hand across his lap. When he tried speaking to the driver he turned hishand so the blade was pointed upward. He said the knife was a double edged blade. He

shut the door and went and spoke with 911.

Cynthia related that at this time the driver kept repeatedly revving the car engine. Herelated that he told 911 that the driver had a knife. James and Cynthia both related that

they were outside the entire time the police officer’s interacted with PENDERGHEST atthe scene. James and Cynthia both related that the officers were giving repeated

commands and they could hear the commands from where they were standing.

They were unsure what made the driver exit the vehicle. They could not see what thedriver was doing at that point but that the officer’s repeatedly gave commands to the

driver to drop the knife. They both witnessed each officer’s firing their guns. I walked tothe front door of the apartment at which time James and Cynthia pointed out where they

were standing and the vantage point they had of the incident. They demonstrated thatthey were on the concrete walkway outside of their front door. Cynthia related that she


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could see the driver of the vehicle getting angrier and angrier. She could see the smokein the car.

Cynthia moved her arms shaking back and forth from front to back to demonstrating how

the driver was moving while in the driver seat. She related he may have been beating

down the air bag. They explained that they were viewing PENDERGHEST’s vehiclefrom the rear and the officer’s would have been standing near the front passenger sidedoor of the vehicle. They explained that their car which had been struck by

PENDERGHEST was pushed parallel to its original parking position. They explainedthat the officers were standing approximately where PENDERGHEST’s body is currently

positioned when they fired their weapons.

Cynthia related she could see the top of the officer’s heads over the top of the car but shecould not see what made PENDERGHEST exit the vehicle. They related that they have

never seen PENDERGHEST before nor seen his vehicle at the apartments before. Jamesrelated that he felt the police acted the way they were supposed to.

Beverly Jane CASTRIOTA

On 8/9/14 at approximately 0656 hours Beverly Jane CASTRIOTA was interviewed at

her residence in the apartment complex. The residence is approximately 150 yards ormore away from the street. She related that she was in bed sleeping when she heard a

noise that she thought was an explosion or a crash at approximately 1:10 – 1:15 am. Shecouldn’t see anything out of her windows to the front or side of the residence. Her

bedroom is on the second floor. Her son lives with her but he was not at home thatevening. Approx. 10 minutes later she thought she heard something again so she opened

a window of her bedroom. She could hear voices saying to “put it down now”. Shethought she heard the word “knife”. She said the voices were calm and demanding, not

screaming. She heard 4 to 5 gunshots. She did not go to the scene.

Audrey Lee WHITE

On 8/9/2014 at 0420 hours Audrey White was interviewed inside a residence in the

apartment complex. WHITE was staying at the residence until she could return to herhome.

WHITE related on 8/8/2014 at 0100 hours she stopped reading and was going to bed.

She said she left the front bedroom at 0110 hours and heard a horrific crash. The whole building shook and then her power went out. She got her flashlight and looked out the

front window. WHITE saw a vehicle crashed but couldn’t see if someone was inside thevehicle. The vehicle was revving. She got her “trac” phone and called 911. She told 911

someone was in the vehicle and the vehicle was racing, as if trying to get away. Then shesmelled burning. WHITE was asked what vehicle she was referring to, she said a black

SUV. WHITE said she was scared the vehicle may blow up.


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WHITE then ran up to her bedroom to get dressed. She went back downstairs and pulledthe blind to see outside. She heard someone yelling; turn the car off, repeatedly. The

vehicle was not off and she noticed the police came. WHITE then heard the police sayturn the car off. WHITE said the police were then yelling, drop the knife. She said she

heard the police repeat this many times. She looked out the window again and saw

flashlights pointed at the vehicle. She then saw the person was still inside the vehicle.She heard police say again, drop the knife.

WHITE then felt she needed to get away from the window and went to her kitchen to callAdams Electric. She then heard loud pops, maybe gunfire. WHITE heard banging on

her door. She went to open the door and saw fire. She opened the door and heard policetelling her she needed to get out and where were her keys to move her car. WHITE said a

neighbor was banging on her back door yelling to get out of the house, fire. WHITE thenwent to the back door. There she met with a neighbor and police. WHITE left her

residence and remained at the back of the apartment complex for a while. She contactedher landlord. WHITE said she eventually went to a grassy yard along the side of the

complex to stand with neighbors. WHITE’S vehicle was struck and damaged by thedeceased vehicle. .

Ellen Ruth SMITH

On 8/9/14 at 0440 hours Ellen SMITH was interviewed at her residence in the apartment

complex.

SMITH related on 8/8/2014 after 0100 hours she heard a boom. She then heard a carengine and thought the neighbor didn’t shut it off. SMITH went to her son’s bedroom, at

the front of the residence, second floor. From the window she saw a vehicle crashed.She realized the lights were off. She went downstairs and saw the kitchen lights on.

Only half of the house electric was off. SMITH opened the front door a crack to lookoutside. She saw the vehicle rammed into a parked vehicle. A neighbor guy said “he has

a knife, get back into your house.” SMITH said she shut the door and went upstairs toher son’s bedroom. She was watching out the window as the police came. SMITH said

she was talking on her phone with her fiancé, as she watched out the window.

SMITH said she saw two police go towards the vehicle shouting. She couldn’tunderstand what the police were saying. SMITH said she figured the police tased the

driver. She saw Taser wires between the police and vehicle. She saw the guy crawl outof the vehicle, onto the ground. She noticed the guy had his arm behind his back,

possibly his left arm, as he was reaching for something. Then the guy was on hisstomach. He then started to get up to go towards the police. She heard the police still

hollering at the guy. She then heard “pop, pop, pop”. She then went back into her bedroom until her fiancé arrived.


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Matthew James KITTS

On 8/9/14 at 0520 hours, Matthew KITTS was interviewed at his residence in theapartment complex. KITTS stated that his wife heard a loud noise.

He related that the power went out inside their residence and they could hear a car“revving”. KITTS stated that he then heard people screaming “he’s got a knife.” KITTSfurther related that approximately 2 minutes later the cops showed up. KITTS stated that

he heard the Troopers’ tell the guy to drop the knife. KITTS explained that he wasoutside when this was occurring. KITTS further related that he began to back inside his

house and was close to his front door when he heard two shots fired. KITTS stated thathe then heard three more gun shots.

Zuyely ALVARADO-KITTS

On 8/9/14 at 0520 hours, I interviewed ALVARADO-KITTS at her residence. She

related that she observed the guy’s (PENDERGHEST) arm moving around. She relatedthat the guy (PENDERGHEST) fell down, got back up and began moving towards the

Troopers. ALVARADO-KITTS further related that she then heard three more shots.ALVARADO-KITTS stated that the Troopers were yelling at the guy to put the knife

down. ALVARADO-KITTS related that she could not recall if the guy(PENDERGHEST) said anything. ALVARADO-KITTS reiterated that the Troopers kept

saying “put the knife down.”

Karen Hubler CHRONISTER

On 8/13/14 at 1305 hours, Karen CHRONISTER was interviewed on the telephone.CHRONISTER resides northeast of the scene off the east side of Reynolds Mill Rd.

CHRONISTER advised that she was home when this incident occurred. CHRONISTERexplained that she fell asleep in her living room which is located in the most northeastern

part of the residence on the first floor.

CHRONISTER indicated that while she was asleep on the couch she awoke to a loud“bang” outside coming from the area of the scene. CHRONISTER noted that she walked

to her front door and heard another “bang”. CHRONISTER related that she peeredoutside in the area of the scene and observed two (2) vehicles in front of the apartment

building and heard an engine revving. CHRONISTER thought it was unusual and wentupstairs to her bedroom located in the southwest portion of the residence.

CHRONISTER indicated that she laid down on her bed where she remained until she

heard shouting. CHRONISTER explained that she heard “put the knife down”approximately a dozen times. CHRONISTER related that she then heard gunshots.

CHRONISTER noted that when she went to her window the only thing she could see wasa fire in the vicinity of the Deceased’s car close to the apartment building.

CHRONISTER advised that she was sober when she made her observations and had aclear view of the scene.


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CHRONISTER voluntarily mentioned that she felt the PSP Troopers involved were very

professional. CHRONISTER advised that it was not chaotic; the Troopers were assertiveand calm. CHRONISTER noted that the Troopers “were not aggressive or bullying” in

any manner toward the person. CHRONISTER explained that she could clearly

understand them and through their actions she felt protected. CHRONISTER advisedthat her friend, Anna URQUHART, who stayed the night at her residence witnessed theincident. .

Anna Carrie URQUHART

On 8/13/14 at approximately 1545 hours, Anna URQUHART was interviewed on thetelephone. URQUHART advised that the night this incident occurred she was at the

CHRONISTER residence in the apartment complex. URQUHART related that she wassleeping in the 2

nd floor bedroom located on the west side of the residence. URQUHART

explained that she awoke to the sound of a car crash on the roadway outside theresidence. URQUHART could hear an engine revving from the direction of the scene for

approx. 5 minutes and she presumed initially that it was kids. URQUHART indicatedthat she didn’t get up until she observed emergency vehicular lighting.

URQUHART mentioned that she has a clear, unobstructed view of the scene and

estimated it to be approx. 150 yards from her location. URQUHART noted that whenshe observed the police car she witnessed two Troopers exit the car and approached the

passenger side of an SUV in front of the apartment building. URQUHART advised thatshe observed one of the Troopers back up and say “put the knife down.” URQUHART

explained that throughout the entire encounter she heard “put the knife down”approximately 10-12 times.

URQUHART observed the Troopers to be pointing their firearms toward the direction of

the SUV. URQUHART indicated that she observed the passenger front door of the SUVto be open and observed movement in the front seat of the SUV. URQUHART

mentioned that she observed the deceased exit the passenger front area of the SUV and“lunged out of the car toward the Troopers.” URQUHART noted at that time she

observed the Troopers discharge their firearms. URQUHART related that she couldn’ttell if the Deceased had anything in either one of his hands.

URQUHART advised that after the Troopers fired the deceased remained face down on

the ground. URQUHART explained that one Trooper was looking at the deceased andthe other Trooper continued to point his gun at the deceased. URQUHART indicated that

she observed flames under the vehicle the deceased exited. URQUHART observed oneTrooper return to the patrol car to obtain a fire extinguisher to dowse the fire but it

appeared ineffective.

URQUHART was sober when she observed the incident and was also wearing herglasses. URQUHART noted that she was interviewed by news media but only did a


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concealed identity on-camera witness account of the same events she told theinvestigator.

URQUHART also mentioned during the interview that the Troopers appeared very

controlled and professional. URQUHART noted that the verbal commands they gave the

deceased were clear and concise.

Preciosa PENDERGHEST

On 8/10/2014 at 1615 hours Preciosa PENDERGHEST was interviewed via telephone.

Preciosa is the estranged wife of the deceased. Preciosa related she had just landed in thePhilippines. She advised she had had contacted Jacqueline SHAY and learned of

Joseph’s (John) death.

She advised they have been having marriage problems and she had left John for a whilehoping he would calm back down. John was having problems “thinking” and was

paranoid. Preciosa went on to describe John as a very paranoid person that believed shewas cheating on him and Law Enforcement (CIA, FBI, Police) were following him. He

even believed she was “gang stocking” him and assisting the above agencies.

She related John subjected her to verbal domestic violence on a regular basis. He wouldnot allow her to work, have a phone, or have much contact with people in general. When

asked, she related his behavior was getting worse and she left the residence last week.She has left in the past and gave him a week or two and he would calm back down. She

left this time and decided to go back to the Philippines to visit her family. She was planning on returning but nor for a little while.

When asked, she related she had purchased a handgun and John would carry it with him

on occasion. She was not sure what the handgun was or what it looked like. She alsorelated he would wear a ballistic vest all the time. When asked, she related he told her he

had to wear it for protection from all the agencies following him and “stalking” him. Shealso advised he did have suicidal thoughts and said he wanted to die. She continually

told him to seek professional help but he always said he was too smart for those people.He refused to talk with anyone or see a doctor. She related he was very smart and last

worked with Rockwell Collins an aerospace and defense company. She related he lastworked there but was fired in January. She thought he was fired due to the increased

paranoia.

Preciosa related she was unable to immediately travel back to Pennsylvania. Due to hernot being able to return she requested Jacqueline SHAY be responsible for John’s burial.

She also requested she have the keys to their residence in order to care for the residence.She advised she did not think he had a life insurance policy or will.

Lia Patrice MORT


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On 8/11/14 at 1159 hours, Lia MORT was interviewed via telephone. Investigators were provided her telephone number from Jackie SHAY. When asked, MORT related she

knew Joseph PENDERGHEST (John) for 30 years. She referred to him as John as mostof the people close to him did.

She related she was like a mother to him and always tried to help him. She advised Johnhad a rough childhood and he had several issues with his parents. With the issues Johnhad with his parents he would always run away. She tried to adopt him but was unable

to. Throughout his childhood and early adulthood, John had issues with the police. Toher knowledge he did not have any ill feelings or hatred for police officers. She

contributed the instability in his family for his criminal activity.

She didn’t always have constant communication with John. She did recall aroundThanksgiving of this past year he contacted her. She met with him and he was having

marital problems with his wife. She related this is when he started to talk to her anddeveloped paranoia of people following him. He thought cars of all different colors were

following him for unknown reasons. He knew she worked with the military and wasasking her questions about whom and why someone would be following him. It

progressed into his wife was having these people (sometimes in brown cars) follow him.He told her he saw his wife flashing hand signals at these cars while they were driving.

Days before this incident she related John stopped by her house and told her again about

the people following him. He described brown cars were still following him all the time.She tried to tell him that it didn’t make sense and to seek treatment. He told her he

couldn’t go to the police because they were involved. She did tell him to contact hisfather.

She related on the night of the incident she got a brief voicemail from John. She no

longer had the voicemail but he stated he had found the cars following him and theirheadquarters. He also said he didn’t think he would make it and he loved her. She was

not sure what was going on or why he would have left that kind of message. She knewthat he was struggling but it was hard to help him.

Trooper William COLVIN

On 08/14/14, at 0945 hours, Trooper COLVIN was interviewed at The PA State Police

Academy located in Hershey, PA. Lt. Jonathan MAYS and PSTA Attorney Sean

WELBY were present for the interview. The interview was recorded using an Olympusdigital audio recorder with all parties’ permission. Prior to the interview COLVIN didview the MVR recording of the incident with Attorney WELBY. The interview was

transcribed. A summary of the interview is as follows:

When asked, Tpr. COLVIN related he is currently assigned to Troop H/ York as amember of the patrol unit. He has been employed by the PA State Police for 7 (seven)

years. He previously worked at the Lancaster Station before transferring to York. When


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asked he advised he has been involved in use of force incidents over the course of hiscareer. He described having to utilize his Taser during the arrest of several suspects. The

only time he had to use a firearm while on duty was to dispatch an aggressive dog. Whenasked, he related he was carrying all Department issued equipment on his gun belt. The

equipment included his Glock 21 pistol. His pistol is not modified in any way and he was

carrying the Department issued ammunition. He further advised he qualified with theGlock 21 pistol and it has always functioned properly.

When asked, Tpr. COLVIN related his week prior to this incident was routine andnormal. He was not under immense stress or suffering from a lack of sleep. On

08/08/14, he came in for his scheduled shift of 1800-0200. He related it was a normaland routine day. He is currently the Field Training Officer for Tpr. Thomas WRIGHT.

Tpr. WRIGHT is a recent graduate of the State Police Academy and was assigned theYork Barracks. Tpr. COLVIN is assigned to be partnered with Tpr. WRIGHT for his

first 30 days at the York Barracks. Tpr. COLVIN advised the day of the incident wasWRIGHT’S 14

th day at the York Barracks. COLVIN advised the shift with Tpr.

WRIGHT was routine. They had several calls for service but the calls were low stress.They did not have any high priority or higher stress calls leading up to this incident.

Just before this incident occurred they were traveling on Interstate 83. COLVIN

remembered the York barracks Police Communication Officer (PCO) Michael BOOR,advised them of a crash at approximately 0110 hours. BOOR advised them of the

location of the crash and the crash occurred when another motorist struck several parkedcars. BOOR also related the 911 caller was reporting the operator was attempting to flee

from the scene. BOOR also advised the 911 caller reported the operator was revving thevehicles engine. With this information he told WRIGHT, who was driving marked patrol

vehicle # H7-11, to step it up a little bit. Tpr. WRIGHT was not familiar with area and hehad to give him direction to the location of the crash.

While responding to the incident Tpr. COLVIN advised he briefly spoke to Tpr.

WRIGHT as to what he should expect. He related though he did talk to him the main priority was getting to the crash as fast as possible.

Upon arrival to the scene of the crash Tpr. COLVIN related the following: They

pulled into the parking lot and positioned the patrol vehicle at an angle facing a blackSUV. The black SUV had crashed into at least one parked car. He observed the

passenger side door of the SUV was opened. He immediately exited the patrol vehicleand approached the passenger side door of the black SUV. He was holding his flashlight

and was able to see right into the front driver’s compartment of the SUV. He observedone occupant in the driver’s seat. Upon looking at the driver he did not recognize him or

otherwise know him. The driver was covered in blood and he was actively cutting hiswrists with a knife. At this point COLVIN advised he viewed the driver to be a threat to

himself. It prompted him to immediately grab his OC spray and deploy it on the driver.He saw that the spray hit the driver in the eyes but it had no effect on the driver. He then

began to give the driver verbal commands. He told the driver to drop the knife. Thedriver did not respond to commands and continued to hold onto the knife. The driver


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also continued to cut himself. COLVIN advise he then deployed his Taser on the driver.The Taser did not have the desired effect and did not stop the driver from holding the

knife. He continued to give the driver verbal commands which were ignored or notfollowed. The driver would not respond to any commands, OC spray, or Taser. The

driver was not talking to him but he make the statement of just shoot me in the head.

After deploying his Taser and observing it had no effect he observed Tpr. WRIGHTdeploy his Taser. Tpr. WRIGHT’s Taser deployment did not have any effect on the

driver. He told WRIGHT to reload and deploy the Taser again. He was not sure if any ofthe Taser prongs were striking the driver as needed for it to have its intended effect. The

driver was not responding to the Taser deployments or verbal commands. As thesituation progressed the driver began to crawl over the center console of the vehicle and

into the passenger side seat. He then began to exit the vehicle. As he was movingtowards the passenger side and attempting to exit the vehicle, COLVIN advised he drew

his firearm.

The driver exited the vehicle holding the knife and walked towards them. At this point COLVIN advised he felt the driver was going to attack him and Tpr. WRIGHT with

the knife. COLVIN advised he felt that way because the driver was not obeying any ofhis commands and he started to come at him still holding the knife.

COLVIN advised as soon as the driver took a step towards them he fired his pistol. He

also heard Tpr. WRIGHT fire his pistol. He was not sure if the rounds struck the driver but the driver did fall to the ground.

When asked, he related at that point he was not sure how many rounds he fired. He did

remember using his radio and asking for an ambulance. When asked, COLVIN advisedhe did not shoot the driver because he was asking to be shot. He advised he fired his

pistol at the driver to stop him from attacking him and Tpr. WRIGHT. He aimed forcenter mass and shot until the driver’s action stopped.

When asked, COLVIN advised the driver was approximately 5 feet from him when he

fired the initial shots. When asked, COLVIN advised he did not feel he had any otheroption but to use lethal force. After the initial shots were fired the driver fell to the

ground. He called for an ambulance. The driver then got up again and was still holdingthe knife. COLVIN advised he fired his pistol again at the driver. This shot did not stop

the driver’s action and he continued to move towards them. The driver then lunged athim and Tpr. WRIGHT and they fired several more shots at him until he stopped moving

towards them. COLVIN advised the driver never dropped the knife. It was in his handthroughout the incident.

COLVIN advised after the final shots were fired and the driver was no longer a threat

he observed the driver’s SUV to be on fire. He told Tpr. WRIGHT to get the fireextinguisher and try to put the fire out. He holstered his pistol and puts on his gloves.

The driver was no longer moving. He approached the driver and had to physically


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remove the knife from his hand. After removing the knife from the driver’s hand he pulled him away from his burning vehicle.

When asked, Tpr. COLVIN advised he did not perform CPR or any other lifesaving

treatment on the driver. When asked, he also advised he did not alter the scene in any

way.

When asked, Tpr. COLVIN advised he was never mad or angry with the driver. He

only progressed through his levels of force to stop the driver’s actions. He advised heonly fired his weapon until the driver stopped moving towards him and Tpr. WRIGHT

while holding a knife. Tpr. COLVIN advised he felt if he didn’t stop the driver he wasgoing to seriously hurt or kill someone.

Trooper Thomas WRIGHT

On 08/14/14, at 0945 hours, Trooper WRIGHT was interviewed at The PA State

Police Academy located in Hershey, PA. Present for the interview were Lt. JonathanMAYS and PSTA Attorney Sean WELBY. The interview was recorded using an

Olympus digital audio recorder with all parties’ permission. Prior to the interviewWRIGHT did view the MVR recording of the incident with Attorney WELBY. The

interview was transcribed. A summary of the interview is as follows:

When asked, Tpr. WRIGHT related he is currently assigned to Troop H/ York as amember of the patrol unit. He is a recent graduate of the PA State Police Academy. The

date of the incident was his 14th

day of service as a PA State Trooper. Tpr. WRIGHTadvised he does not have any prior law enforcement or military experience. He also

related up until this incident he has made several arrests but has not had to use non-lethalor deadly force.

When asked, Tpr. WRIGHT related on 08/09/14 he was working his scheduled shift of

1800-0200. He related the week and day up to this shift was normal and routine. Therewas nothing abnormal about his week or the day leading up to his scheduled shift.

When asked, he related for the shift he was in full uniform. He was carrying all

Department issued equipment on his duty belt. That equipment included his issued dutyweapon (Glock 21) and department issued ammunition. He did not make any

modification to his Glock 21 and did qualify with his weapon at the PA State PoliceAcademy. He further stated he has not had any issues with the Glock 21.

On 08/09/14, Tpr. WRIGHT advised he came into worked and was partnered with

Tpr. William COLVIN. Since he is a recent graduate of the PA State Police Academyhe is assigned a Field Training Officer for his first 60 days. Tpr. COLVIN is his first

Field Training Officer and he was assigned to ride with him on the day of this incident.Tpr. WRIGHT advised he was driving marked patrol unit H7-11 for the shift. During the

shift they responded to and handled several low priority calls for service. He related noneof the incidents were high stress calls and it seemed like a normal shift.


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Towards the end of his shift they were traveling on Interstate 83. He had just made a

traffic stop and issued a verbal warning to a motorist for failing to fully stop at a postedstop sign. At around 0115 hours, the Police Communications Officer (PCO) Michael

BOOR advised them of a crash via radio. BOOR further advised a vehicle had struck

two parked and the operator of the vehicle was attempting to leave the scene. Uponreceiving the information Tpr. COLVIN told him to step up his response to the locationof the crash.

As they responded to the crash scene PCO BOOR did update them. BOOR advised the

operator of the vehicle was intoxicated and cutting himself with a knife. BOOR furtheradvised the operator’s vehicle was starting to catch fire.

When asked, WRIGHT advised as they responded to the scene Tpr. COLVIN’S was

main focus was giving him directions to the crash. When asked, WRIGHT advised hewas expecting a drunk person but was not expecting it to be a high stress call.

When he first arrived on scene he saw the operator’s vehicle (SUV) had crashed into

parked cars. He could not see the driver of the vehicle but as he exited the patrol car hecould see the passenger side door was open on the SUV. As he approached the opened

passenger side door he was able to clearly see the driver holding a knife. There was blood all over the passenger compartment and he could clearly see the driver had cut his

wrist. He did not recognize the driver and had not seen him before. Upon his initialobservations he remembered hearing Tpr. COLVIN started engaging the driver with

verbal commands. He told him to drop the knife several times. He then saw Tpr.COLVIN deploy his OC Spray on the driver.

WRIGHT advised the OC Spray hit the driver directly in the face but it had no effect on

him. When asked, he related through his training he expected the driver to drop the knifeand show some signs that the OC Spray hurt him.

Tpr. COLVIN then deployed his Taser on the driver as they both gave him verbal

commands to drop the knife. The Taser did not appear to have any effect and the driverwas yelling at him. He recalled the driver just saying “shoot me”. Tpr. WRIGHT related

at this point he perceived the driver to be a threat to himself. They were telling him todrop the knife but he was still actively waving it around and slashing his own wrists. He

then deployed his Taser in an attempt to stop him from harming himself.

The initial Taser deployment did not have any effect on the driver. WRIGHT advised hemay have used two 5 second cycles from the initial deployment. The initial deployment

and two cycles had no effect on the driver. With no response from the initial Taserdeployment he reloaded and deployed his second and final cartridge. The second

deployment also had no effect. He again thought he possibly used additional 5 secondscycles. WRIGHT remembered observing the driver being covered in Taser wires and his

hand touching them. He advised the Taser still had no effect on the driver at all.


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The driver was not deterred by the non-lethal force and proceeded to exit the vehiclethrough the passenger side door. Tpr. WRIGHT advised he then transitioned to his

pistol. He gave the driver verbal commands to put the knife down.

The driver just proceeded to exit the vehicle, holding the knife, and telling them to shoot

him. The driver exited the vehicle and was now within five feet on him and Tpr.COLVIN. Tpr. WRIGHT advised he remembered him holding the knife and making alunging motion at him. This caused him to fire several shots at the driver.

The driver fell to the ground and he remembered the driver saying the words “thank you”.

He advised the driver was still alive and they tried to move in on him. As they tried tomove in on the driver, he got back up. They backed away to create some distance. The

driver however made another lunging movement towards them. This lunging movementcaused him to fire several more rounds at the driver. The driver stopped his

advancements and Tpr. WRIGHT felt the driver was deceased.

When asked, Tpr. WRIGHT advised he fired his weapon because he believed he and Tpr.COLVIN’S lives were in danger. Simply put Tpr. Wright related he was scared. He

thought the driver was close enough to stab and seriously hurt or killed them. All theirnon-lethal force attempts were no only ineffective but the driver did not respond to

anything. He also advised the driver was covered in blood. There was a great risk ofcontracting a blood borne pathogen from the driver. When asked, Tpr. WRIGHT advised

those were the reasons he fired his pistol at the driver. He fired his pistol to stop thedriver’s actions. He did not fire his pistol because of the driver’s statements.

When asked Tpr. WRIGHT again advised the driver was approximately 5 feet from him

when he fired the initial shots. Tpr. WRIGHT also felt the driver was so close he couldhave reached out and touched him. When asked, Tpr. WRIGHT advised he stopped

firing at the driver because the action had stopped. After the initial shots he fell to theground and was no longer advancing towards them. He did attempt to move in and

restrain him. The driver got back up and they had to engage him again. He againstopped firing when the driver fell to the ground and stopped advancing towards him.

When asked, Tpr. WRIGHT advised he stopped firing at the driver because the action

had stopped. After the initial shots he fell to the ground and was no longer advancingtowards them. He did attempt to move in and restrain him. The driver got back up and

they had to engage him again. He again stopped firing when the driver fell to the groundand stopped advancing towards him.

When asked, Tpr. WRIGHT advised he did not provide any life-saving treatment to the

driver. He believed the driver was deceased. He also observed the driver was heavily bleeding and covered in blood. He again cited the risk of blood borne pathogens and why

he believed mouth to mouth or CPR would not only be ineffective but put his life at risk.

When asked, Tpr. WRIGHT related he did not think they could have done anythingdifferently. He felt he did everything he was trained to do in this situation.


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Taser Records

A downloading of the Taser’s carried by the officers involved show that COLVIN

deployed one Taser cartridge and cycled it twice and WRIGHT deployed two Tasercartridges and cycled them a total of four times with a duration of 5 or 6 seconds in eachcycle.

Deceased’s Vehicle Contents

Within the confines of decedent’s vehicle, titled to Preciosa Penderghest, estranged wife

of the deceased, were the following items of note:

A Kel-Tec 9mm P 11 with one magazine containing 8 rounds and a cartridge inthe chamber

9 mm cartridgesA silver knife

Taser probesA book entitled Advanced Techniques of Clandestine Psychedelic and

Amphetamine ManufactureA home workshop explosive book

A publication entitled FM31-21 Guerrilla Warfare & Special Forces OperationsA large black folding knife

A Box of Winchester 9mm Lugar cartridgesA box of Tulammo 9mm Lugar cartridges

PMC 30-30 Winchester cartridges in a red caseBlack Handcuffs

Items of note at the scene

In addition to the vehicle driven by the deceased, three other unoccupied vehicles were

damaged by the crash.

Found outside the deceased’s vehicle but nearby were the following items of note:

10 Shell Casings: all Speer 45 cal.3 Taser cartridges

2 Taser probes1 knife

1 bullet

Ballistics:

In accordance with protocol, the troopers’ service revolvers were promptly placed intoevidence along with all bullets and magazines in their possession at the time of the


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incident. Examination revealed a total of ten shots were fired, six by Trooper Colvin andfour by Trooper Wright. This is consistent with the number of shell casings found at the

scene.

Other items of note

On September 2, 2014 it was reported by an individual cleaning the deceased’s apartmentin Riverdale, Maryland that a grenade had been discovered in the apartment. Prince

George’s County bomb squad was notified and responded taking custody of the item. Noadditional explosives were discovered within the residence.

Emails

Contained in the investigator’s report was an email dated August 10, 2014, from an

individual who had known the deceased for over 25 years. It indicated that within the previous month the author had received two phone calls from the deceased who indicated

that the FBI, CIA or some other group were openly following him everywhere he went inorder to drive him crazy.

Several emails authored by the decedent in the weeks before his death make similar

complaints of stalking, only this time directed at his estranged wife or her agents.

Autopsy Report

An autopsy was conducted on Mr. Penderghest on August 11, 2014 by Dr. R. Starling-Roney of Forensic Pathology Associates at the Lehigh Valley Medical Center in

Allentown, Pennsylvania with the cause of death determined to be multiple gunshotwounds.

The report notes a provided history of a motor vehicle accident, the deceased cutting

himself upon police arrival, pepper spray and Tasers being used by police and a total often shots being fired by 2 police officers with ten casings recovered at the scene. Several

bullets were reported to the pathologist as being recovered from the panel of a bullet proof vest worn by the deceased.

Of note in the autopsy report is the presence of a bullet proof vest (absent the panel

reported as being removed by police), and a cylindrical holster attached to the deceased’s belt on the left side of the waist. Two metal Taser probes were present on the body with

the first within the shirt at the right shoulder and the second within the pants at the lateralright thigh. Taser wire was also present with the body.

Defects indicating bullet impact were noted on the bullet proof vest as well as the

deceased’s clothing and left boot. A total of 5 penetrating gunshot wounds on the bodywere noted along with 1 grazing gunshot wound.


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The deceased also had cutting wounds of the chest, neck, right wrist, and left forearm andwrist. Several abrasions were noted in the facial area, along with an abrasion and

contusions to the chest area. A pinpoint contusion in the area of the right thigh wasassociated with contact by the Taser probe.

Examination of the organs noted no abnormalities.

Toxicology results indicated the presence of Amphetamine in the amount of 707 ng/ml.

According to the report, the therapeutic range is 30-110 ng/ml.

Mobile Video Recording of Incident

The CD-R containing the MVR recording of this incident was downloaded from PSP

York Marked Patrol Car H7-11. The recording containing audio was viewed severaltimes by this author. A synopsis prepared by investigators follows:

“Upon arrival on scene and upon approach, within seconds COLVIN

utilizes his OC spray on the subject, and it was ineffective. COLVINtransitions to his Taser and utilizes two five seconds shocks. This is

ineffective and WRIGHT deploys his Taser. He utilizes both cartridgesand applies approximately 4, 5 seconds shocks on the subject. As

WRIGHT is utilizing his Taser, COLVIN transitioned to his weapon. TheTaser shocks are ineffective and the subject continues to exit the vehicle

with the knife in his right hand. During the OC, TASER, and prior to hisexit Troopers WRIGHT and COLVIN shout verbal commands to the

subject. They tell him to drop the knife or put it down an estimated 25times. During the OC and Taser deployments and while inside the vehicle

the subject makes several statements. He states, “get your gun”, “shootme”, I want to die”, and “shoot me in the head”, an estimated 21 times.

Upon exiting the vehicle with the knife in his right hand he his staring at both Troopers WRIGHT and COLVIN. He walks toward them and brings

the knife up towards his chest. They subsequently fire approximately 5shots at the subject. After the shots are fired and the subject falls to the

ground he states, “thank you.” COLVIN immediately calls for anambulance via his radio. WRIGHT and COLVIN then a

District Attorney Tom Kearney’s findings on the death of Joseph Penderghest

Documents

Transcript of District Attorney Tom Kearney’s findings on the death of Joseph Penderghest