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The investigation into the officer's actions during the Saturday, Sept. 14 incident involving the shooting of Gabriel Diaz revealed that the use of deadly force was warranted, the district attorney's office said in a news release.
Diaz, who was armed with a machete and a hatchet, had barricaded himself inside the basement of his residence and charged at police when they attempted to enter, the news release states. The Upper Perk police officer shot Diaz after a taser failed to stop his charge.
East Greenville Police initially responded to the home in the 100 block of Cherry Street for a domestic incident called into 911 by an 18-year-old at 8:08 p.m., according to previous reporting by Daily Voice. Diaz, who was a father of five suffered from a mental illness, which led to the incident.
Officers spoke with a family member who told them that Diaz, 55, physically assaulted and strangled her, the news release states. Other family members told the officers that Diaz was in the basement and that he had knives.
As officers spoke with the family, Diaz barricaded himself in the basement and repeatedly threatened to harm police and blow up the house, according to the district attorney's news release. At this time, East Greenville police officers requested backup, which they received from the Pennsylvania State Police and Upper Perk, Douglass Township, New Hanover, and Lower Salford police departments.
During the standoff, police attempted to negotiate with Diaz to leave the basement, but were unsuccessful, the news release states. Officers breached the basement door at 11:30 p.m. when Diaz charged at them with his bladed weapons.
Police commanded Diaz to drop his weapons before deploying the taser, which failed to stop him, ultimately leading to the fatal shooting by the Upper Perk officer.
"Given the attendant circumstances, our investigation found that this use of lethal force was justified under the law," Montgomery County District Attorney Kevin Steele said in the news release.
The investigation of the shooting was conducted by the Montgomery County Detective Bureau, which is standard procedure for any officer-involved shooting in the county, the news release states. The investigation included scene analysis, ballistic evidence, witness statements and interviews with police on scene.
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