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Lancaster County DA says State Police were justified in firing at fleeing man's vehicle in 2019 incident

The suspect, Boyette Graham, was captured unharmed after leading police on a high-speed vehicle chase across multiple jurisdictions, ending in East Hempfield Twp.
Credit: Lancaster County District Attorneys Office

LANCASTER COUNTY, Pa. — The Lancaster County District Attorney’s Office on Thursday released its review of a police-involved shooting that occurred on May 6, 2019 in East Hempfield Township.

District Attorney Heather Adams said the two State Police troopers who fired on a vehicle driven by Boyette Graham as he attempted to flee from a Turkey Hill parking lot on East Main Street were justified.

Graham, who was not struck by any gunfire, had allegedly struck an occupied State Police cruiser and was driving toward another trooper as he attempted to flee. He was captured shortly after troopers Kurt Goldbach and Harold Fleming fired five shots at his Hyundai, three of which struck the vehicle.

Adams said the troopers' actions were justified because Graham had led police on a lengthy, high-speed vehicle chase across several jurisdictions prior to his capture, allegedly exceeding speeds of 130 miles per hour while weaving into opposing traffic lanes and turning his headlights on and off in an attempt to evade detection.

His conduct "illustrated an extreme indifference to the value of human life, specifically police and civilians," Adams said in a press release. "It is likely that this life-threatening conduct would have continued had he not crashed his vehicle."

RELATED: Man who led police on chase in Lancaster, Chester Counties has been charged

Adams noted that Graham was driving his vehicle directly toward Fleming, who was on foot, as he attempted to leave the parking lot. 

"Both troopers believed Trooper Fleming to be in mortal danger as Graham drove out of the parking lot," Adams said in her determination.

After the shots were fired, Adams said, Graham drove a short distance before crashing his vehicle and fleeing on foot. He allegedly swung a 2x4 at officers who took him into custody, aided by the use of Taser devices. 

The shooting was investigated by a team of Lancaster County detectives in conjunction with State Police Troop J investigators.

Investigators determined the following narrative of events:

  • An East Lampeter Township police officer initially attempted to pull over Graham’s Hyundai after observing the Hyundai traveling at a high speed on Lincoln Highway East (Route 30). 
  • With lights and sirens activated, the officer attempted a vehicle stop, but Graham accelerated east on Route 30, then turned around and traveled west on Route 30 – reaching at least 116 mph. 
  • Graham eventually turned onto Route 283 traveling west then east on that highway, before turning onto Route 230 and Church Street into East Hempfield Township. 
  • Graham evaded two sets of spike strips deployed by police. His speed, at times, exceeded 130 mph. He ran several red lights and stop signs. 
  • Numerous departments assisted in the pursuit and arrest effort. 
  • The duration of the pursuit was about 45 minutes. 
  • At the Turkey Hill, police attempted to box in Graham’s vehicle. Numerous officers/troopers demanded Graham stop and exit his vehicle. 
  • Graham – in efforts to get around and away from the cruisers - reversed his vehicle in the direction of Trooper Goldbach, who was on foot. 
  • Graham then drove forward, striking an occupied police cruiser as he exited the parking lot, toward Trooper Fleming, who was on Main Street. 
  • Trooper Fleming quickly moved to avoid being struck by Graham’s vehicle. Trooper Fleming later stated he believed Graham was going to run him over. 
  • MVR footage from police cruisers corroborated troopers' versions of events. 

Graham, 40, is charged with numerous offenses, including felony aggravated assault and fleeing, misdemeanor counts of DUI, reckless endangerment, disorderly conduct and simple assault, and numerous summary traffic violations. He is at Lancaster County Prison on $500,000 bail. He is presumed innocent. 

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