The Tribune Democrat, Johnstown, PA

Local News

July 1, 2012

Authorities will meet Tuesday, review probe of fatal shooting

— Long hours and a number of witness interviews have gone into an intensive state police probe of last week’s shooting in which a Johnstown man was fatally wounded by city police as he allegedly accelerated his car toward them.

Elip Cheatham, 27, died of multiple wounds, including a fatal one to the chest, after being shot on North Sheridan Street in the West End.

Was he intentionally driving toward the police and a handcuffed woman who was in custody by her car in the middle of the street?

Or – as contended by family members and a wounded passenger in his car – was he gunned down as he tried to drive around the police so that he could get his bleeding cousin, Cardell Clinton, to Memorial Medical Center?

Cheatham’s death has been ruled a homicide, and, at issue in the probe, is whether the deadly force used by police is justified. The three city officers – whose names have not been released – continue to be on paid administrative leave.

Cheatham – who had been released from jail several days earlier – was not under the influence of drugs or alcohol, Chief Deputy Coroner Jeff Lees said.

A meeting will be held Tuesday to review the status of the investigation, First Assistant District Attorney Heath Long said.

Attending will be state police investigators and members of the district attorney’s staff and the coroner’s office.

“We’ll be looking at all the evidence and reviewing the numerous interviews that have been conducted by the state police. I don’t anticipate that a final determination will be made then, as they will still be gathering information,” Long said.

Trooper John Matchik, state police spokesman, has said that the probe is being conducted “in a very methodical and precise manner.”

After the shooting, Johnstown police Chief Craig Foust quickly summoned state police to handle the investigation. A team of about 15 state troopers was assembled in Johnstown, including members of the major crimes task force.

During the ensuing investigation, police obtained surveillance tapes from nearby businesses and from Edder’s Den, where a series of events began that culminated in Cheatham’s death. The tapes apparently did not capture the events at the final shooting scene, Long said.

At about 12:30 a.m. Monday, a city police sergeant on routine patrol saw a crowd outside Edder’s Den in the 300 block of North Sheridan Street. He also heard shots fired, authorities have said. The sergeant spotted a small, white car leaving the scene, and gave chase.

The car traveled on Sheridan Street, and a man was observed jumping from the vehicle. After a brief foot chase, the suspect was taken into custody on the grounds of the nearby Greater Johnstown Middle School. He was identified as Shy-Tyquon Lawton, 27, of Johnstown.

Lawton has been charged in the shooting and wounding of 20-year-old Cardell “CJ” Clinton outside the bar. Lawton is in the county prison in lieu of $75,000 bond awaiting a preliminary hearing before District Judge Michael Musulin. The hearing was set for later this week but is being continued, the magistrate’s office said. A new date has not been set.

At the bar parking lot, Clinton, suffering a gunshot wound to the pelvis, was helped by a cousin, Hayward Gaines III, 25, of Johnstown.

Cheatham, who was a cousin of both men, helped Gaines put Clinton into his car. According to Gaines, they set out for the hospital to get help for the bleeding man.

In the meantime, the car in which Lawton had been riding was stopped by police near the Save-A-Lot shopping plaza. The woman driver was handcuffed and taken into custody. She eventually was released with no charges filed.

As she stood near three parked police vehicles that had emergency lights flashing, Cheatham’s car approached. Authorities allege that Cheatham slowed and then accelerated his vehicle. Shots were fired.

Gaines told The Tribune-Democrat that none of the three men in Cheatham’s car had a weapon.

He contends Cheatham was attempting to get around police by going through the Save-A-Lot parking lot when the shooting took place.

Johnstown attorney Dennis McGlynn, solicitor for the Fraternal Order of Police Flood City Lodge, confirmed that the officers involved were interviewed by state police last week.

“I want to assure you that the officers have cooperated fully and completely with the investigation,” he said.

He declined to comment further.

One of the officers is a 15-year veteran of the Johnstown police. Another is a four-year veteran and the third has been with the force for a year.

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