Feb 26, 2018 5 min read

The state trooper who shot and killed a Canton Township man Oct. 1 inside a Canton Township mobile home was justified in his actions, a Washington County deputy coroner ruled Monday.

Deputy Coroner Steven Toprani, who officiated at the inquest after Washington County Coroner Tim Warco recused himself because he knows the family of one of the troopers involved, issued the ruling that Trooper Chad Weaver was justified in shooting and killing 34-year-old Anthony Edward Gallo.

Weaver and Trooper Matt Shaffer, neither of whom was present at the inquest, were called to the home at 20 Mark Ave. in the Mark Mobile Home Park for a report of a man who forced his way into the home.

Gallo allegedly refused to drop a knife after repeated requests. He was shot multiple times by Weaver after allegedly advancing toward the troopers.

Toprani ruled the manner of Gallo’s death as homicide, however said that it was a justifiable use of force by the police consistent with state law. He said Gallo’s overt action of taking a step toward Weaver made it a lawful use of force. The cause of death was multiple gunshot wounds to the torso.

Noah Geary, the attorney representing Gallo’s family, said he was unhappy he was not able to ask questions during the proceeding. He said Toprani denied his request, adding that at a previous inquest the attorney representing the family of an inmate who died in the Washington County jail was allowed to ask questions.

After the hearing, Toprani said he told Geary he could submit questions that could have been asked by the district attorney during the proceeding.

Played in court were statements from both Weaver and Shaffer given to state police investigators about 10 days after the shooting. Both troopers took their rifles from the backs of their respective cruisers after they arrived at the mobile home park. Weaver said he racked a round in the rifle as people pointed him in the direction of the suspect, who was in a white trailer. Shaffer said there were a dozen to two dozen people outside when they arrived.

Gallo was standing at the front door, and both troopers described telling him to get on the ground and show his hands. Gallo slammed the door shut. Weaver said he and Shaffer made the decision to enter the home. Weaver described “clutter everywhere” as he and Shaffer made their way down a narrow hallway to a bedroom door where Gallo had been standing.

Weaver and Shaffer both indicated they continued to tell Gallo to show his hands, get on the ground and drop the knife he was holding. Gallo told the troopers “shoot me, shoot me” two or three times. Weaver said Gallo had the knife in his right hand as he took one step toward him. He estimated that Gallo was 2 ½ to 3 feet away from him when he fired the shot.

“It was very close quarters,” Weaver told investigators. “I fired four or five rounds and he fell back on a bed. He went to get back up and I fired again. The entire time I told him to drop the knife.”

Shaffer said he had his Taser out as Weaver walked ahead of him down the hall with his rifle. Shaffer said he switched to the Taser since Weaver had the rifle.

Gallo was still clenching the knife when additional officers arrived. Troopers got a ballistic vest to put over Gallo before removing the knife from his hands. Emergency medical personnel were allowed to enter the home and Gallo was pronounced dead.

State police Cpl. Kevin Selverian, a use of force specialist, was part of the team investigating the shooting. He testified that he examined photographs, recordings and reports as part of his investigation.

Selverian said that troopers are taught to consider several things before using deadly force, including whether the subject has the means to carry out serious bodily injury of another and if they have taken a significant step to carry it out.

“That (Gallo) took a deliberate step with a knife in hand is considered a significant threat,” Selverian said, adding that Weaver’s actions were justified. “Their tactics were sound in accordance with state police teachings.”

Selverian said one minute and 22 seconds passed from the time the troopers arrived at the scene until the first shots were heard, according to a recording of the call to state police dispatchers. The second volley was heard seven seconds later.

Geary also said the family is contemplating an excessive force civil lawsuit against state police and the troopers. He said Gallo’s shouts of “shoot me, shoot me” were a cry for help and that police should be de-escalating situations as opposed to escalating them. Geary also questioned why the troopers used assault rifles and Gallo was shot four or five times.

Robert Herring, 34, of 17 Mark Ave., who is Gallo’s cousin and was outside the home at the time of the shooting, claimed he was wrongfully removed from the inquest by two plainclothes sheriff’s deputies.

Herring was exiting the courtroom around the time of a recess when he said a deputy told him that he was being removed for swearing in the courtroom. His fiancée, Lauren Olshock, 32, said she followed Herring from the courtroom and he did not use profanity until they were outside on the courthouse steps.

Chief Deputy Sheriff James D’Alessandro said he would discuss the circumstances with the deputies involved. Of inquests in general, D’Alessandro said “It’s never pleasant. It’s a hot item.”