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DA: Allentown officer justified in fatal shooting

Lehigh County District Attorney James B. Martin, in a letter dated March 1, ruled an Allentown police officer who shot and killed a gun-carrying man who fired at him four times, was justified in the shooting.

He said there is no basis to file any criminal charges and has closed the case.

The district attorney said Officer Zane Struss acted properly in the shooting that happened on the night of Feb. 10, following a foot chase between the cop and Xavier Arnold, who was pronounced dead on arrival at the Lehigh Valley Hospital.

Martin said while on patrol that night, officers observed a physical altercation between two men and a woman in the 700 block of West Linden Street, and were told by a victim that Arnold had “pistol-whipped” him before fleeing the scene while armed.

Martin said a chase followed before the shooting in the area of Eighth and Maple streets, where Struss commanded Arnold to drop his gun. When Arnold refused to do so, he and Struss fired at each other. Martin said the investigation showed Arnold fired four shots, one of them striking Struss and the others striking a passing vehicle, shattering a rear passenger window and damaging a storefront window.

In the return fire, Arnold was struck four times, the DA said, after which time city police officers and emergency services personnel provided CRP and other emergency treatment.

Citing the Pennsylvania law “Use of Force in Law Enforcement,” the district attorney said it applies to a police officer being justified in using deadly force when he reasonably believes such force is necessary to prevent death or serious bodily injury to himself or to another person.

Martin said the investigation showed Arnold presented an imminent risk of death or serious bodily injury to himself and to others and the facts of the case “unequivocally prove that Struss was justified,” saying Arnold’s conduct “created the circumstances for his own demise.”

The bullet that struck the officer, Martin said, penetrated his uniform and damaged his bulletproof vest, but did not cause any physical harm to the officer.