Pennsylvania State Police Troopers Use Restraint While Justifiably Firing at Gunman During Traffic Stop Tussle, District Attorney Says

Daniel Khalil Clary is accused of opening fire on 2 troopers along Route 33 in Northampton County. Cpl. Seth Kelly remains hospitalized after being shot multiple times.

A prosecutor says Pennsylvania state troopers showed restraint and were justified in using deadly force in a roadside confrontation in which a trooper was shot.

Northampton County District Attorney John Morganelli announced Thursday that the troopers were justified in shooting at 22-year-old Daniel Clary during the Nov. 7 struggle in Plainfield Township following a traffic stop along Route 33.

Morganelli said video shows Clary breaking away from Trooper Ryan Seiple, a six-year veteran, and Cpl. Seth Kelly, a 13-year veteran, and reaching into his car. The prosecutor said Clary then "comes out shooting" at the troopers, whom he called "sitting ducks."

As Clary tried to drive off, both officers fired at his car, Morganelli said.

"Clearly in this case both (troopers) were in danger of potential death or serious bodily injury at the moment that Mr. Clary made that decision to pull out a gun and start to fire at two state troopers, they had every right to return fire," Morganelli said.

Morganelli says the troopers followed their training, using restraint during the violent encounter. Cpl. Seth Kelly was shot and remained hospitalized Thursday.

"This matter, in my opinion, is clear cut," Morganelli said.

Pennsylvania State Police
Pennsylvania State Police Cpl. Seth Kelly and Trooper Ryan Seiple

Clary was treated at a hospital and remains jailed on $1 million, facing attempted murder charges. He admitted to shooting at the officers and attempting to remove and disarm their guns, police said. He does not have a permit to carry a firearm.

Clary's public defender didn't immediately return NBC10's calls for comment.

Copyright AP - Associated Press
Contact Us