Attorney Lee Ciccarelli was successful in negotiating a dismissal of Attempted Homicide charges against a Philadelphia man who was accused of conspiring with two alleged co-defendants to break into a Boothwyn, Delaware County pharmacy and then attempt to kill responding police officers. Our client and a second co-conspirator allegedly fled the scene on foot following the arrival of multiple police cars. Our client was apprehended as he allegedly tried to run away. The second co-conspirator (identified as a male in police report) allegedly escaped.
The Commonwealth charged our client with Attempted Homicide, Criminal Attempt, Criminal Conspiracy, Possessing an Instrument of Crime with Intention, Attempted Aggravated Assault, Attempted Recklessly Endangering Another, Attempted Burglary with Nobody Present, Receiving Stolen Property, Fleeing/Eluding Police, Driving with Lights Off to Avoid, Reckless Driving, and other traffic related offenses for his part in the failed burglary. The most serious of the charges facing our client can be found in Pennsylvania Statutes as:
§ 2507. Criminal homicide of law enforcement officer.
(a) Murder of a law enforcement officer of the first degree.–A person commits murder of a law enforcement officer of the first degree who intentionally kills a law enforcement officer while in the performance of duty knowing the victim is a law enforcement officer.
(b) Murder of a law enforcement officer of the second degree.–A person commits murder of a law enforcement officer of the second degree who engages as a principal or an accomplice in the perpetration of a felony during which a law enforcement officer is killed while in the performance of duty.
(c) Manslaughter of a law enforcement officer in the first degree.–A person commits a felony in the first degree who does any of the following:
(1) Without lawful justification kills a law enforcement officer while in the performance of duty and with knowledge that the victim was a law enforcement officer, if at the time of the killing:
(i) the person is acting under a sudden and intense passion resulting from serious provocation by the victim killed; or
(ii) the person is acting under a sudden and intense passion resulting from serious provocation by another individual whom the actor endeavors to kill, but the person negligently or accidentally causes the death of the victim.
(2) Intentionally or knowingly kills a law enforcement officer while in the performance of duty and with knowledge that the victim was a law enforcement officer, if at the time of the killing the person believes the circumstances to be such that, if they existed, would justify the killing under Chapter 5 (relating to general principles of justification), but his belief is unreasonable.
A preliminary hearing was set with over thirty criminal charges including charges of Criminal Attempt Manslaughter of a Law Enforcement Officer in the First Degree, Charges of attempted Aggravate Assault, attempted burglary and related charges.
Following discussion and negotiation with the a representative of the Delaware District Attorney’s Office, our legal team led by Lee Ciccarelli was successful in obtaining a withdraw of the felony attempted homicide and aggravated assault charges. There is more work to do as the matter will now proceed to Common Pleas Court on the remaining two burglary charges and a misdemeanor possession count. More to Come. Learn more how our experienced team can help you and your family when they are facing serious charges and serious consequences. Contact by email, chat or call (610) 692-8700 or (877) 529-2422.