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Michelle Kenney, mother of Antwon Rose II, pauses during her testimony at a hearing at Hawkins Village on Tuesday, Aug. 26, 2019, to discuss legislation proposed in response to the 2018 shooting death of her son.
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Pa. Dems discuss proposal to change deadly force rules for police

Steve Mellon/Post-Gazette

Pa. Dems discuss proposal to change deadly force rules for police

Bill to modify existing law opposed by Republican legislators, law enforcement groups

A small contingent of concerned residents and Democratic state lawmakers met Tuesday in Rankin to discuss a proposal to tighten the state’s use-of-force standard for police officers in the wake of the killing of 17-year-old Antwon Rose II in June 2018.

Current state law gives officers wide latitude to shoot a fleeing suspect like Antwon, who was fatally shot as he fled a felony traffic stop in East Pittsburgh. The police officer who killed him was acquitted of criminal wrongdoing.

State law allows an officer to shoot an unarmed fleeing suspect if the officer believes shooting the suspect is necessary to prevent the suspect’s escape from arrest and the suspect poses a danger to human life, or committed or tried to commit a forcible felony.

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Under the proposed House Bill 1664, sponsored by state Rep. Summer Lee, D-Swissvale, officers would no longer be able to use deadly force to make an arrest, but only to protect themselves or others from imminent death, serious injury, kidnapping or rape.

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Michelle Kenney, Antwon’s mother, spoke in favor of the change during Thursday’s hearing in Hawkins Village, where Antwon lived before his death.

“You can never explain, to me or to any rational person, how three shots to the back is acceptable force,” she said, adding that the circumstances of her son’s death are “unbearable.”

About 30 people attended the hearing, with many in support of the bill.

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“This bill is our attempt to start to mend the relationships [between police and the community],” Ms. Lee said. “And more importantly this bill is our attempt to save lives.”

Rep. Ed Gainey, D-Lincoln-Lemington, said the lawmakers invited members of the Pennsylvania State Police, Pennsylvania Chiefs of Police Association, Pennsylvania District Attorneys Association and the Fraternal Order of Police to attend Tuesday’s session, but each instead provided written testimony.

The Fraternal Order of Police said in its statement that it would oppose any attempt to change Pennsylvania’s use-of-force law.

“Any legislation intended to ‘move the target’ by setting new and possibly unconstitutional legal standards for police uses of force risks upsetting a system that has worked successfully for Pennsylvanians for many years,” the statement said.

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The state police called the bill “problematic”; the chiefs of police association said it has “concerns”; and the district attorneys association said it could not support the legislation as written.

Ms. Lee acknowledged Tuesday that Republican state leaders have indicated they will not entertain the bill. But, she said, pressure from voters could change that.

Brandi Fisher, president of the Alliance for Police Accountability, said the current use-of-force law must be changed.

“The use-of-force law as it is currently written allows officers to get away with murder,” she said.

Shelly Bradbury: 412-263-1999, sbradbury@post-gazette.com or follow @ShellyBradbury on Twitter. 

First Published: August 27, 2019, 9:41 p.m.

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Michelle Kenney, mother of Antwon Rose II, pauses during her testimony at a hearing at Hawkins Village on Tuesday, Aug. 26, 2019, to discuss legislation proposed in response to the 2018 shooting death of her son.  (Steve Mellon/Post-Gazette)
State rep. Summer Lee, D-Swissvale, listens to testimony during a hearing at Hawkins Village on Tuesday, Aug. 26, 2019, to discuss legislation proposed in response to the 2018 shooting death of Antwon Rose.  (Steve Mellon/Post-Gazette)
Michelle Kenney, mother of Antwon Rose II, testifies during a hearing at Hawkins Village on Tuesday, Aug. 26, 2019, to discuss legislation proposed in response to the 2018 shooting death of her son.  (Steve Mellon/Post-Gazette)
Steve Mellon/Post-Gazette
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