Lehigh County District Attorney James B. Martin has ruled police were justified in shooting a Slatington man on Aug. 1 in the borough. Police wounded Adam Zaborowski, a day after he was named as a suspect in a shooting outside a cigar store in Bethlehem.

Martin said he reviewed a 234-page report submitted by Pennsylvania State Police on Oct. 19, prepared by the lead officer, Cpl. William Rowan of Belfast station, along with Lehigh County Det. James Bruchak.

Martin said the incident began a day earlier on July 31, at the parking lot of Cigars International, 4078 Nazareth Pike, Bethlehem.

At 11:28 a.m. officers of the Bethlehem Township Police Department responded to a report of a white man

who had just fired at least two shots at another person in the parking lot.

The man had fled in a blue Dodge pickup.

Three spent 40 caliber casings were found on the parking lot where the pickup was parked.

The truck was determined to be registered to Zaborowski at an Allentown address.

Further investigation determined that Zaborowski had moved to 801 Main St., Apartment #3S in Slatington.

An arrest warrant was issued for Zaborowski related to the Cigars International incident and Slatington police established surveillance on Zaborowski’s apartment.

On Saturday neighbors saw him carrying firearms and ammunition from his apartment to his truck. Slatington Police were joined by state police and were awaiting the Lehigh County Municipal Emergency Response Team to serve the arrest warrant on Zaborowski, who was determined to be armed and dangerous.

At 9:33 a.m. Zaborowski began driving his blue pickup south on Second Street. He then turned onto Franklin Street and then turned onto First Street.

Zaborowski next turned onto East Washington street, and at that point the Slatington patrol vehicle and a Bethlehem PSP vehicle activated their emergency lights.

“As the police vehicles turned onto East Washington Street, Zaborowski’s vehicle came to an abrupt stop at the

intersection of East Washington Street and Second Street facing northwest. Zaborowski immediately exited his vehicle from the driver’s side and began firing upon seven police officers,” Martin said.

Officers returned fire with Slatington officer, David Alercia, initially firing through his own windshield after his right side view mirror was shot off.

Zaborowski was hit by gunfire and was taken into custody at 9:35 a.m. From the time the initial shot was fired until he was taken into custody was approximately one minute and 14 seconds, Martin said.

Troopers treated Zaborowski until Northern Valley EMS arrived. He was treated at the scene and then transported from Slatington Airport by Lifeflight 6 to St. Luke’s Hospital,

Fountain Hill. He is currently in Lehigh County Jail in lieu of bail and awaiting trial.

At the scene near Zaborowski was a Smith & Wesson 40-caliber handgun, 14 40-caliber live cartridges were located with that handgun. In addition, an AK-47 style rifle was located on the street, with an ammo drum with 68 rounds.

“It is abundantly clear that Officer Alercia and the six Pennsylvania State Troopers on scene were each in danger of imminent serious bodily injury or death at the hands of Mr. Zaborowski; and accordingly were justified in returning fire,” Martin said.

“The police officers were justified in firing upon Zaborowski not only in their own self-defense, but also in the defense of others as this incident occurred in a densely populated residential area of the borough of Slatington,” Martin said.

During the course of the-exchange of gunfire at least five vehicles parked in the vicinity were damaged and one residence was hit.

“Here it is abundantly clear that Zaborowski in firing upon the officer and the six troopers, exhibited an intention to endanger their lives and inflict serious bodily injury. Their use of deadly force in returning fire was completely

justified. Accordingly, there is no basis to file criminal charges against any of the involved police officers; and none will be filed.”

Two criminal cases pending against Zaborowski. He is awaiting trial on charges related to this incident of attempted criminal homicide; attempted murder of a law enforcement officer of the first degree; assault of

law enforcement officers, seven counts of each of the three charges; and prohibited firearms.

He is also facing charges in Northampton County with respect to the Cigars International incident.

Zaborowski’s attorney, John Waldron, said he is not denying that his client shot at police. He is trying to obtain a psychiatric evaluation to learn more about Zaborowski’s mindset during the shooting and the incident the day before at Cigars International.

Waldron said that Zaborowski had plans to go off the grid to escape coronavirus restrictions. He was unemployed and recently lost custody of his daughter.