No charges for midstate officer in stun gun incident

(Harrisburg) —  A midstate police officer who used a Taser on an unarmed man earlier this summer will not face criminal charges.

In the June incident caught on video, Lancaster city officer Philip Bernot shocked Sean Williams, 27, after he was ordered to sit on a sidewalk and place his legs out in front of him. Police said it was because Williams failed to follow commands, though officers are heard in the video giving conflicting orders.

Williams has since filed a federal lawsuit against the involved officers and the police department.

The Lancaster County District Attorney’s office found Bernot acted within the scope of the police department’s use of force policy. Investigators did not find evidence Bernot intended to commit a crime.

However, the DA’s office said it found “critical shortcomings” in the police use of force policy and sent those concerns to city officials.

The city has assembled a committee to recommend changes to the policy.

The first in a series of town hall meetings on police-community relationships is scheduled for this evening.

The district attorney’s full statement reads as follows:

Lancaster County District Attorney Craig Stedman has completed his review of a June 28 incident in Lancaster city that involved an officer deploying a Taser on a man on South Prince Street.

First, we must note our review of the incident focused on whether criminal charges are warranted, per law, in the matter.

District Attorney Stedman does not have authority over internal policy or discipline specific to any department in Lancaster County.

Regarding the Tasing of Mr. Sean Williams: Particularly given the law and internal policies in place at the time, and the fact that the officer’s actions were within the scope of those policies, Officer Bernot did not commit a crime.

Specifically, to support a criminal charge, there must be actual evidence, rather than mere speculation, and supportable in a court of law – establishing that Officer Bernot had a criminal mens rea, or intent to commit a crime, when he used his Taser. Mens rea, per legal definition, is a person’s thinking and/or intention/purpose at the time of an incident.

Upon reviewing all relevant policies, reports/information collected in the case to include video/audio recordings, this office concludes Officer Bernot acted within the scope of department policy regarding use of force, thus there is not sustainable evidence to establish the officer intended to commit a crime. Lancaster city officials have previously stated his actions followed policy and we concur. 

During our thorough review for criminal conduct, we discovered what we feel are critical shortcomings in department policy as it existed at the time of the Taser incident.

I have articulated my concerns and those shortcomings in a detailed memorandum which was sent this week to Lancaster city officials and the police department. I also provided in the memorandum an assessment of the police interaction with Mr. Williams.

Additionally, I have verbalized my concerns to members of the police department during ongoing conversations.

Regarding the memorandum, at this time our office is not releasing it to the public as it discusses, in detail, the department’s internal operation procedures and policies. However, we leave it to the discretion of the city and its police department as to whether they wish to make the document public.