No charges against the officers in kneeling case
The Lehigh County District Attorney has concluded that the Allentown police officers involved in an incident regarding an officer placing his knee on a man’s head in an attempt to restrain him will not face criminal charges.
District Attorney James B. Martin announced his findings on Friday afternoon.
In a release, Martin says, “Based upon my review and the totality of the circumstances surrounding this event, I have concluded that there is absolutely no evidence to support filing criminal charges against either of the Allentown police officers involved in this incident. I am satisfied that given (Edward) Borrero’s obvious intoxication and his actions, he was clearly a danger to himself and potentially to others. He was clearly agitated and non-compliant, and in order to gain control of him so that he was no longer a danger, and could be medically treated, it was necessary for the officers to restrain him.
“That restraint was reasonable. In attempting to handcuff Mr. Borrero, one of the officers placed his knee on Borrero’s head - not on his neck,” Martin said. “The officer’s knee remained in that position for about 8 seconds and was removed as soon as he was handcuffed.”
Martin also said that he will not release the name of the officers involved, because they have not been charged and noted that any disciplinary action on the officers will need to be determined by the Allentown Police Department.
“However, based upon my review of the evidence and my conclusions I see no basis for any such action,” he said.
As to the charges that were filed against Borrero, which included possession of drug paraphernalia and public drunkenness, Martin said “there is clearly probable cause and sufficient evidence to charge him.”
At approximately 7:13 p.m. on July 11, two Allentown officers encountered Borrero outside St. Luke’s Hospital - Sacred Heart campus while waiting the results of a COVID-19 test on a prisoner who had been arrested earlier that day in an unrelated incident.
The officers observed Borrero walking and stumbling in the middle of Chew Street, vomiting several times into the street, walking with a staggered gait, and screaming incoherently. At one point, he was standing in the street, jumping up and down and yelling.
Martin said officers felt Borrero was in distress and needed medical attention, but Borrero became aggressive toward a St. Luke’s security officer, so police felt it necessary to detain him for his own safety, as well as for the safety ofthemselves and others, including medical personnel.
During the detention, Borrero resisted and was taken to the ground and an officer moved his knee to Borrero’s head.