DA: Officer justified in shooting during York pursuit

YORK, Pa. (WHTM) – A York police officer was justified in using deadly force when he fired his gun at a man who drove directly at him during a December 2014 pursuit and injured a passenger in the oncoming car, the district attorney said Tuesday.

York County District Attorney Tom Kearney said no criminal action against the police officer is warranted.

A police officer had tried to stop the driver, Matthew Foster, for a traffic violation in the area of State and Walnut streets, but Foster fled to the 300 block of West Gay Avenue and was driving the wrong way on the one-way street when a second officer joined the chase and trapped him.

The second officer exited his vehicle to arrest Foster, but Foster backed up and crashed into a utility pole, then abruptly changed direction again and drove directly at the officer, Kearney said.

The officer narrowly avoided being struck as he fired four rounds. Foster’s passenger, 21-year-old Erika Eberhardinger of Dover, was struck by a bullet in her right forearm and another that passed through her left hand and came to rest in her jaw.

Foster still refused to stop, but had no escape and crashed a second time into a metal railing. He then exited the vehicle and surrendered. He was sentenced to two to four years in prison last week after pleading guilty to fleeing and eluding, recklessly endangering, and DUI.


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