ALLENTOWN, Pa. — A driver who fatally shot a man July 6 was justifiably defending himself and will not face charges, the Lehigh County District Attorney’s Office announced Monday.
The driver, whom authorities only identified as John Doe, shot Tamir Johnson, 35, of Whitehall Township, after Johnson swung a metal bat at his car at 3:37 a.m. that day at Fifth and Hamilton streets, the district attorney’s office said in a news release.
That location is just outside Lehigh County Courthouse.
Surveillance footage showed two vehicles — an Audi driven by Johnson and a Toyota Prius driven by Doe — involved in an altercation leading up to the shooting, authorities have said.
Johnson got out of the Audi and swung a bat, hitting the other driver’s side door; that driver fired one shot that struck Johnson.Lehigh County District Attorney's Office
The Audi passed the Prius in the 400 block of Hamilton Street and forced it to the curb after crossing Fifth Street, video footage showed.
Johnson got out of the Audi and swung a bat, hitting the other driver’s side door; that driver fired one shot that struck Johnson.
The driver of the Prius drove a short distance from the shooting and called 911. Police found the man with a 9mm handgun he was legally allowed to have, the district attorney’s office said.
Johnson died at Lehigh Valley Hospital-Cedar Crest about 75 minutes after he was shot in downtown Allentown, according to Lehigh County Coroner Daniel Buglio.
Test of state Stand Your Ground law
Johnson was a standout basketball player at Kutztown University from 2009-2011. Kutztown's men's basketball team in a social media post described the 6-foot-6 Johnson as "a stalwart leader and quiet giant."
Johnson transferred from Central Connecticut State to Kutztown; he played high school basketball at Imhotep Charter in Philadelphia, according to his bio on the Kutztown basketball website.
He led Kutztown in scoring and rebounding in his final season in 2010-11.
Lehigh Valley experts said the fatal shooting could test Pennsylvania’s self-protection statute, which is referred to as Stand Your Ground laws in some states.
Gary Asteak, a Lehigh Valley defense attorney, said he would weigh several factors to determine whether the Prius driver acted in self-defense and shouldn’t be held criminally responsible.
The law requires that self-defense is proportionate to the threat faced, he said.
