A police officer was justified in shooting a Philadelphia man following a chase and crash in Caln Township last month, Chester County District Attorney Deb Ryan announced on Monday.
The incident took place on February 22. A man told police he had left his keys in his car while going inside a Wawa on 1083 Lancaster Avenue in Downingtown Borough. Another man, who police later identified as 56-year-old Richard Luminello of Philadelphia, then went into the car and drove off, investigators said.
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WATCH HERELuminello was later spotted on surveillance video driving away from the Wawa in the stolen vehicle at 1:22 a.m. that morning, according to police. Luminello also initially drove to that same Wawa in a different vehicle that had been stolen from the parking lot of the Colonial Apartments on 701 West Lancaster Avenue in Downingtown back on February 19, police said.
Two Caln Township police officers responded to the report of the stolen car. They later spotted the vehicle along the 3700 block of East Lincoln Highway in Caln Township, investigators said. Both officers were in full uniform at the time. One officer was in a marked police vehicle while the other was in an unmarked car. They both pursued the stolen car and activated their emergency lights, officials said.
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SIGN UP During the chase, Luminello allegedly failed to comply with the officers’ demands and continued driving erratically at a high speed through Caln Township. At one point, the stolen car struck a curb, causing a flat tire. One of the officers then drove in another direction in an attempt to stop Luminello at the end of the residential neighborhood while the other officer continued chasing him, police said.
One of the officers then stopped his vehicle with the emergency lights still activated and removed stop sticks. Luminello then allegedly accelerated and swerved deliberately towards the officer. The officer jumped out of the way as Luminello crashed the vehicle into the front of the police car, moving it 40 yards away and causing major damage, investigators said.
“The officer avoided injury by jumping out of the way. Had he been inside the car or still behind it, it is likely he would have died or sustained serious bodily injury,” a spokesperson for the Chester County District Attorney’s Office wrote.
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Luminello exited the vehicle and walked away from the scene, police said. Both officers then repeatedly yelled at Luminello, telling him to stop but he ignored their commands, according to investigators.
Police said Luminello then stopped about ten feet away from the officers on Shelburne Road and Stockley Lane, turned towards them and shouted, “I’ll shoot!” while pointing his two hands at them. One of the officers then fired four rounds at Luminello, shooting him once in the right leg and causing him to fall to the ground.
Luminello then got up and approached the officers while cursing at them and yelling for his gun, police said. He allegedly shoved one of the officers in the chest and gestured with both hands in a pointing motion as if he had a gun, according to investigators. Police said he then walked back to the stolen car and opened the passenger door. One of the officers then used a Taser on Luminello, causing him to collapse.
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Luminello was taken into custody and treated at the hospital for a gunshot wound to his leg as well as a fractured elbow. He was released from the hospital the same day and charged with attempted murder, aggravated assault, recklessly endangering another person, theft and other related offenses. Investigators also said they found keys to the vehicle that was stolen on February 19 inside the vehicle Luminello had allegedly stolen on February 22.
After interviewing witnesses, reading police reports and reviewing footage from police body cameras as well as cellphone video, investigators concluded the officer was justified in shooting Luminello.
“Luminello created a situation where the police officer had a reasonable belief that her life, and the life of another, were in danger of serious bodily injury or death, thereby justifying the use of deadly force according to 18 Pa. C.S.A. §508,” the Chester County District Attorney spokesperson wrote.
It is unknown at this time whether or not Luminello has legal representation.
