ALLENTOWN, Pa. — An Allentown Police officer charged with aggravated assault with a deadly weapon after he allegedly hit a suspect with a firearm will face court.
Abviud Carvajal, 31, of Allentown, after a preliminary hearing Tuesday, Nov. 18, was ordered to face county court on the charges, Lehigh County District Attorney Gavin P. Holihan said in a news release.
They are felony aggravated Assault — attempts to cause or causes bodily injury with a deadly weapon, and misdemeanor simple assault.
Carvajal remains free on $25,000 unsecured bail. Allentown Police Chief Charles Roca has said Carvajal is on unpaid administrative leave.Lehigh County District Attorney's office release
District Judge Todd Heffelfinger set Carvajal's formal arraignment for 8:45 a.m. Jan. 8 before Judge James T. Anthony.
Carvajal remains free on $25,000 unsecured bail. Allentown Police Chief Charles Roca has said Carvajal is on unpaid administrative leave.
A conviction on a charge of felony aggravated assault in Pennsylvania carries a penalty of up to 10 years in prison and a $25,000 fine.
The release said the investigation was referred to the Lehigh County District Attorney’s Office by Roca.
An investigation was conducted with full cooperation between APD and the district attorney’s office, the release said.
Criminal complaint details incident
A criminal complaint details how Carvajal allegedly tried to or did knowingly cause bodily harm to Thomas Kravitz of Philadelphia by striking him with a Glock 19 Gen5 9mm pistol.
At 8 p.m. on July 23, Allentown Police were called to the 700 block of North 11th Street for a report of a threat involving a firearm, according to the release.
The investigation revealed that a woman received a threatening phone call and pictures from her boyfriend displaying a firearm and threatening to come to her home and harm her.
The investigation identified the boyfriend as Kravitz, and officers were able to identify a truck belonging to him and performed surveillance in the area where the woman lives.
They eventually saw Kravitz arrive at the location in his truck.
Officers tried to stop Kravitz’s truck as it fled the scene, and the truck hit an Allentown Police vehicle.
That led to a pursuit through Allentown and into Whitehall Township, where Kravitz’s truck crashed at 13th and Pennsylvania streets, according to the release.
The investigation, which included analyzing body camera and dash camera footage, showed Carvajal with his gun drawn approaching Kravitz.
Video evidence
According to the release, the video shows Kravitz standing at the rear of his truck in a position of surrender with both hands raised and empty.
Kravitz was being detained at gunpoint by another Allentown police officer.
Kravitz was illuminated by flashlights and lights from the police vehicles on scene.
Kravitz was arrested after the incident and charged with several felony and misdemeanor charges including illegal possession of a firearm, fleeing the police and causing an accident involving injury while not properly licensed.Lehigh County District Attorney's office release
From the body camera, it is clear that Kravitz was empty-handed and surrendering to officers. He remained standing with his empty hands over his head as Carvajal approached.
Kravitz was visible to Carvajal for at least four seconds before Carvajal hit Kravitz in the face with the muzzle of his gun.
In the time that Kravitz was standing with his hands up, he made no motions that could be construed as threatening and there was no evidence that he was reaching for a weapon, the release said.
Kravitz was knocked to the ground with injuries to his face.
After the incident, Kravitz was taken to an area hospital for treatment of the injury he sustained.
Kravitz was arrested after the incident and charged with several felony and misdemeanor charges including illegal possession of a firearm, fleeing the police and causing an accident involving injury while not properly licensed.
Kravitz is awaiting a formal arraignment scheduled for Feb. 3, before Judge Anna-Kristie Marks.
A loaded .22-caliber handgun recovered in the 1200 block of Whitehall Street is believed to be the gun Kravitz discarded during the vehicle pursuit.
The district attorney's office said that, "to ensure Carvajal’s right to a fair trial," the body camera and dash camera footage will not be released.
This case was investigated by Allentown Police Capt. Stephen Milkovits and will be prosecuted by Holihan.
