The Tribune Democrat, Johnstown, PA

Local News

August 17, 2012

Witness disagrees with DA’s decision

— A key witness in the June 25 shooting on North Sheridan Street disagrees with Cambria County District Attorney Kelly Callihan’s assessment that three members of the Johnstown Police Department were justified in using deadly force against 27-year-old Elip Cheatham.

Following a shooting at Edder’s Den near the Oakhurst housing project, alleged gunman ShyTyquon Lawton, 27, of the 300 block of Oak Street, got into a vehicle driven by Latoya Just.

Just had only recently shown up at the bar and reportedly did not know an altercation had occurred. She drove the white Pontiac Grand Am toward Greater Johnstown Middle School.

Just was pulled over by police between the school and a supermarket parking lot across the street.

Later, while Just was handcuffed and still standing in the road, an Oldsmobile, driven by Cheatham, rapidly approached. A victim of the shooting, Cardell Clinton, was also in the car.

Police officers ordered the vehicle to stop. Cheatham instead continued to speed toward them, police said. The officers opened fire, killing Cheatham.

On Thursday, Callihan issued her finding that justifiable force was used to protect the officers and Just.

“I am speaking out because of the fact that no matter how fast he was going, I just felt like the shooting wasn’t justifiable,” said Just. “There are other methods. They are also trained to do other things to prevent stuff like this from happening.”

She also speculated on Cheatham’s driving.

“I really don’t think they were driving to hurt someone because they tried to turn, as if they were trying to go straight through the opening of which the parking lot was,” Just said.

Callihan said the vehicle was approaching Just and that officers called out for the driver to stop. Just did not dispute those points. However, the witness said she felt the vehicle was traveling at a speed of 45 mph, not 60 mph as Callihan stated in her report.

Just said she feels like the district attorney overplayed the danger to her in order to provide a reason for the shooting.

“I think that they tried to make it seem as though they was basically saving a life to justify them taking one,” Just said.

Callihan stands behind the accuracy of how she analyzed Just’s testimony.

“The state police did an audio recording of their interview with Latoya Just, and that recording was transcribed by an independent service in Arizona. What I used in my presentation was directly from that transcript,” Callihan said.

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