The New Hope Police Department will perform an internal review, including officer weapons training and certifications records, after a veteran police officer mistook his service weapon for his stun gun during a holding cell altercation that left a Pipersville man seriously wounded last month.
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| New Hope Chief Michael Cummings |
New Hope Mayor Larry Keller, who oversees the police department, identified the officer who fired the shot as Cpl. Matt Zimmerman, a 33-year veteran of the 11-officer New Hope Police Department and the department’s most senior officer underneath the police chief. Zimmerman was placed on paid administrative leave following the shooting, and submitted paperwork seeking immediate retirement on April 10.
The mayor described the review, which he anticipated would be done by Police Chief Michael Cummings, as the next step following the April 12 release of Bucks County District Attorney Matt Weintraub’s determination that found Zimmerman not justified, but excused, in the March 3 police-involved shooting of Brian Riling. Keller did not know if the borough investigation results would be released to the public.
Earlier this week Cummings referred all questions about the shooting to Montgomery County attorney Christopher Boyle, who declined to answer questions about the department’s policies and training practices citing the department as being “currently in litigation.”
Keller confirmed that Zimmerman did not take his mandatory annual recertification Taser training last year, though he did not know if other officers also had outdated training. Under the department’s Taser policy, adopted in 2007, officers that carry the TaserX26 are required to undergo annual retraining and re-certification.
New Hope Police Department uses an internal officer as its firearms and Taser instructor, Keller said. He declined to identify the officer with that responsibility, but acknowledged the person would be responsible for keeping track of officer training completions and certifications.
Weintraub also has acknowledged that Zimmerman did not follow department policy regarding Taser use. He wore the device on the same side as his service weapon, in violation of the policy, but his conduct could be excused from criminal prosecution because of his “honest but mistaken” belief he was deploying his Taser at the time he fired at Riling, who was struck in the abdomen.
The 38-year-old Riling survived, but he has experienced ongoing medical complications as a result of it, according to his criminal defense attorney, Richard Fink. Riling has obtained a separate civil attorney, though no civil litigation had been filed as of Wednesday in Bucks County or U.S. District courts.
Keller described Zimmerman as a “terrific officer” and a “good guy.” During the last 21 years he has served as mayor, Keller said Zimmerman accumulated many letters of accommodations and, to his knowledge, no serious infractions requiring disciplinary action that he would be notified about.
“If he had any infractions, they had to be very, very minor and I was not privy to it,” Keller said.
Weintraub also mentioned Zimmerman’s exemplary record, with “relatively few minor historical infractions,” as playing a role in the shooting determination.
Keller said that he had seen the roughly 12-minute uncut raw surveillance video of the shooting, which the District Attorney’s Office released.
“I was certainly as surprised as anyone else would be who saw the video,” Keller said. “Clearly, at least to me, it was human error. Everything all happened very quickly.”
The video, which this news organization viewed, shows Riling entering the holding cell and removing his belt at the direction of an unidentified officer. After removing his belt, a white packet falls to the cell floor and Riling steps on it. The unidentified officer attempts to move Riling off the packet, which Riling is heard denying is his in the video.
A struggle between with the first officer ensues and Riling retrieves the packet and throws it into the cell toilet. Roughly one minute and 30 seconds into the video, Zimmerman enters the cell to assist the officer, who is attempting to subdue Riling on a bench in the cell. About 10 seconds after entering the cell, Zimmerman, his service firearm in his hand, yells “Taser” and fires one shot into Riling’s torso.
Zimmerman was among the three police officers who arrested Riling earlier in the evening after he allegedly harassed, threatened and assaulted his estranged girlfriend in a confrontation outside the New Hope restaurant where she works, according to court documents. Riling also had an active arrest warrant on charges of burglary and harassment stemming from a February incident with the same woman where he allegedly broke into her home using a crowbar.
Riling was apprehended while he allegedly was waiting in his vehicle parked in the complex where the woman lives, according to court documents. He is charged with witness intimidation and retaliation against a witness, both felonies, and misdemeanor charges of stalking, simple assault and harassment and driving with a DUI-suspended license.
Zimmerman was aware of these two incidents involving Riling before the holding cell incident, and he had personally heard threats of violence made by Riling during a phone call between Riling and his estranged girlfriend, Weintraub said.
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