The Tribune Democrat, Johnstown, PA

Big Story

August 17, 2012

Police names sought: T-D requests information in fatal shooting

— The Tribune-Democrat on Friday filed a Freedom of Information request for the personnel roster of the city police force – including start dates.

City Manager Kristen Denne said the information would be made available soon, “probably Monday.”

She said that no separate list exists, and she has to cull the information by hand.

As state troopers investigated the June 25 police shooting that killed Elip Cheatham, they identified the years of service of the three officers who fired their guns.

They included officers with 15 years, four years and one year on the force.

“The law expressly makes the names, start dates, salaries, what else, public information,” said Melissa Melewsky, an attorney with the Pennsylvania Newspaper Association in Harrisburg.

District Attorney Kelly Callihan on Thursday declined to release the names of the officers involved, reversing an earlier pledge.

She found that their use of force in the North Sheridan Street shooting was justified under the law.

She said she is not releasing the names because threats “from three sources” have been made against the officers and people inside the Cambria County Prison.

Members of the black community have expressed dissatisfaction with answers they have received, with some saying Callihan should have requested a special prosecutor. A federal wrongful-death lawsuit has been threatened.

“We believe that the public has a right to know the names of the officers involved in the shooting,” Tribune-Democrat Editor Eric Knopsnyder said. “The best way for citizens to continue to have confidence in their public servants is to ensure that complete transparency exists. When information is withheld from the public, for whatever reason, it gives the impression of impropriety, even if none exists.

“While we understand the concern for the safety of the officers involved, we do not believe that this would put them at increased risk.

“Previously, the names of officers involved in shootings were always released in a timely manner, and we believe that many in our community already know the identities of those involved in the death of Elip Cheatham,” Knopsnyder said.

Law change?

Callihan did not give reporters copies of the state police investigation – nor does she have to under Pennsylvania law.

“That’s something we want to see changed,” Melewsky said.

Cheatham died when officers fired 18 rounds at a car traveling on North Sheridan Street.

Cheatham was at the wheel, and there were two passengers.

Officers said the car driven by Cheatham was accelerating toward them after a nearby bar shooting minutes earlier.

Callahan determined the police officers fired to protect themselves and a woman in custody, preventing “an even greater tragedy.”

Cardell Clinton, who was seriously injured in the bar shooting, said Cheatham was trying to get him to the hospital quickly. No gun was found inside the car.

Johnstown police Chief Craig Foust didn’t return a call for comment Friday.

The department released the names of the officers who discharged their weapons in prior fatal shootings.

They were Charles LaPorta Jr. in March 1969; Richard Sabo in July 1973 and Edward Siembak in February 1974.

 

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