HATBORO, PENNSYLVANIA –A Hatboro councilman was driving by a TD Bank minutes after it had been robbed at gunpoint. His only indicator that the man in question was the robber was when he witnessed a dye pack explode that had been placed in the money bag. Councilman George Forgeng then followed the suspected robber, Kevin Philip-John Way, from the bank. It was during the pursuit that Forgeng said he used his concealed carry firearm to shoot Way in the arm.
The Montgomery County District Attorney’s Office is still unsure whether or not to file charges against the councilman who shot a suspect in the recent TD Bank robbery in Hatboro, July 8.
According to Montgomery Media, First District Attorney Kevin Steele hasn’t made a determination.
“The case remains under investigation,” First Assistant District Attorney Kevin Steele said Friday. “No determination has been made … probably not for a while.”
Throughout the pursuit, Forgeng repeatedly told bystanders to call 911. It was only when the suspect turned around and began to advance toward Forgeng that he opened fire – striking the suspect in the arm.
According to the original Montgomery Media article covering the event, the suspect was “conscious and alert” when he was taken in for medical treatment. Hatboro Police have said they recovered some of the money and evidence.
After Way was taken into police custody, there was no word as to whether he was armed or not. It’s possible he tossed his firearm while evading capture. Way is being charged with five felony counts and is under a $500,000 bond.
Fifty Shades Of Grey With Self-Defense Rulings
Because the crime didn’t outright reflect “self-defense”, it is still up in the air whether or not he will be charged with anything.
“Technically, deadly force can be used to prevent serious danger to yourself or others,” said Dunn, co-chair of the Montgomery County Bar Association Criminal Defense Committee, to Montgomery Media. One of the things Dunn pointed out was whether “a reasonable person in the situation would believe it presented the danger of death or serious bodily injury.”
“Whenever a gun is used, you have to examine all the circumstances,” he said. “I think he will get the benefit of the doubt, as he was trying to stop an illegal activity.”
The general consensus from most legal professionals questioned in the article was that yes, it is definitely a gray area but more than likely it will be ruled self-defense because Forgeng believed the robber had a firearm with him.
This may be a classic case of ‘no good deed goes unpunished’ or the start to a really good re-election campaign.
Do you think it’s justified for a concealed carrier to stop a crime in progress? Tell us in the comments below.