Dismissal denied in officer’s shooting of handcuffed man in York County

State police filed a simple assault charge against former Southwestern Regional officer Stuart Harrison six months after the May 2018 incident

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(York) — A midstate judge has denied a county prosecutor’s request to drop a misdemeanor charge against a former police officer who shot a man in handcuffs outside a bank.

Common Pleas Judge Maria Musti Cook said prosecutors usually seek dismissal is in cases where there isn’t enough evidence for a conviction, and that doesn’t seem the case here. She said Monday that it’s inappropriate for the York County district attorney’s office to “usurp the role of the sentencing court or even a fact-finder.”

State police filed a simple assault charge against former Southwestern Regional officer Stuart Harrison six months after the May 2018 shooting outside the Spring Grove bank. The officer, who had been on the force for more than 15 years, said he meant to use a stun gun when he shot the 33-year-old suspect in the leg.

Authorities said the defendant sought $500,000 from a bank teller but didn’t have ID or an account. His mother said he had been released from a psychiatric unit the day before and was confused. He pleaded guilty to defiant trespass and disorderly conduct and was placed on probation.

The man and his mother opposed the move to drop the case against the officer, saying he should be facing even more serious charges.

District Attorney Dave Sunday said he feels awful about what happened but cited Bucks County prosecutors’ decision not to file charges in a similar case. He said his office has tried to direct some cases to diversionary programs, and cited the former officer’s Marine service and his work speaking to police academy cadets.

“We would be hard pressed to find someone else who has done what Mr. Harrison has done and received the penalties he’s received to get to this point,” Sunday said. “I truly believe in my heart this is the right thing to do.”

Harrison’s attorneys declined to comment on the ruling.