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Lehigh County DA: Allentown cops justified in fatal shooting of man struck 9 times

Allentown Police Department, Allentown City Hall, Allentown Arts Park, Lehigh County Jail, prison, Allentown Center City, Lehigh valley
Donna S. Fisher
/
For LehighValleyNews.com
Allentown police officers were justified when they fatally shot Dominick Hogans July 24, 2023, Lehigh County District Attorney Jim Martin announced Thursday.

  • Allentown police were justified when they fatally shot Dominick Hogans, Lehigh County District Attorney Jim Martin said
  • Martin determined Hogans likely stole a firearm from a Good Samaritan's home and then fired at police when they responded to calls of a gunman at the Allentown Transportation Center
  • The case marks the third instance of a law enforcement officer shooting someone in Allentown this year

ALLENTOWN, Pa. — Lehigh County District Attorney Jim Martin announced Thursday morning that Allentown police were justified when they fatally shot a 27-year-old city resident who opened fire on them last month.

Martin's investigation found Dominick Hogans fled police before firing twice at pursuing Officers Dalton DeRosa and Paul McAdams shortly after 3:40 a.m. July 24 in the 600 block of West Turner Street.

McAdams and Officer Austin Ortwein fired back a total of 11 times, with nine of the bullets striking Hogans, Martin said. First responders rushed him to a local hospital, where Hogans died shortly after arriving.

"It is abundantly clear that the actions of Hogans brought about his death. Had McAdams and Ortwein not acted quickly to end this threat, there is every reason to believe Hogans would have continued to fire at the pursuing officers, endangering their lives as well as the lives of residents in the area as well as anyone else nearby," Martin wrote.

Officers were called to the Allentown Transportation Center that morning after receiving a call about a gunman in the area, Martin wrote. DeRosa quickly spotted Hogans, who matched the description of the gunman and ran through a series of alleys. DeRosa gave chase, and Hogans ran onto Turner Street between Sixth and Seventh streets, where he encountered more officers, Martin said. Law enforcement were all on foot and could all see Hogans was armed, Martin said.

"Had (the officers) not acted quickly to end this threat, there is every reason to believe Hogans would have continued to fire at the pursuing officers, endangering their lives as well as the lives of residents in the area as well as anyone else nearby,"
Lehigh County District Attorney Jim Martin

Hogans ignored orders to get on the ground and instead ran across Turner Street. There, he swung his arm backward to fire twice at the pursuing officers; McAdams was about five yards behind Hogans at the time, Martin said. The shots narrowly missed DeRosa and McAdams, with one striking an occupied apartment, Martin said. No one was injured by Hogans' shots.

McAdams and Ortwein then fired 11 times in less than six seconds, Martin said. Officers DeRosa and Ryan Sloan did not fire, the investigation found. Martin said the investigation was supported by body cameras worn by the officers, private security cameras in the area and city surveillance cameras as well as ballistic reports, Hogans' autopsy and interviews conducted with the officers.

Investigators recovered Hogans' 9 mm semi-automatic pistol, which still had 10 rounds in the magazine and another in the chamber, Martin said. The weapon was traced to a man authorities only identified as TC. The gun owner cooperated with the investigation, telling authorities that Hogans was essentially homeless and sometimes used his home to shower and sleep, Martin said. Hogans had visited him within the previous 24 hours, and TC theorized that Hogans stole the loaded gun then, according to Martin's letter.

"I have concluded TC is not responsible for any criminal act and he will, therefore, not be charged," Martin said.

Third police shooting

Hogans' death marks the third time law enforcement have shot at a suspect in Allentown this year.

In March, Martin cleared Officer Zane Struss of fatally shooting Xavier Arnold on Feb. 10. In that case, investigators said Arnold pistol-whipped a man before running from police. After a foot chase, Arnold turned and leveled his gun at Struss near Eighth and Maple streets. The two men fired nearly simultaneously. Arnold hit Struss' bulletproof vest with one of his shots while Struss hit Arnold multiple times.

In June, a Pennsylvania State Police trooper opened fire on Paris Bartlett after Bartlett allegedly tried to run him down with his Ford Fusionduring a routine traffic stop near South Third and West Union streets. After narrowly missing the trooper, Bartlett allegedly swerved onto a sidewalk to flee police. He was arrested after driving into on coming traffic on the Hamilton Street Bridge, speeding through stop signs onto South Carlisle Street and crashing into two vehicles, including a marked police vehicle.

Authorities have not identified the trooper, who did not hit Bartlett. Bartlett faces two dozen charges, including four counts of aggravated assault and attempting to elude a police officer.