Photo by James Short.
Montgomery County District Attorney Kevin R. Steele determined that an Ambler police officer used “lawful use of force” in the fatal shooting of 43-year-old Roberto Aguilar Cholula on Saturday, April 26.
The incident began on Saturday, April 26, at 7:34 p.m. when the Ambler Police Department responded to a 911 call made by Cholula, who told the 911 dispatcher that he wanted to die and had a knife in his hand. Officers arrived at the 100 block of Forest Avenue near School Street to find Cholula outside of the Forest Garden Apartments.
When officers first arrived, Cholula was holding a black knife in his hand, then later pulled out a larger, butcher-style knife from his clothing and was holding a knife in each hand, according to police. Cholula refused to comply with multiple commands by officers to put the knives down.
As Cholula advanced toward the officers with the knives extended, one officer discharged his Taser, but it failed to incapacitate Cholula, and Cholula kept coming toward the officers as they backed up and kept telling him to put down the knives.
A second police officer then fired one shot, striking Cholula in the abdomen and Cholula immediately dropped to the ground. Officers immediately rendered aid to Cholula, who was then transported to Jefferson Abington Hospital, where he later died.
“These officers attempted to get the subject to comply with multiple commands to drop his deadly weapons as he advanced toward them,” said Steele. “Our investigation determined the facts of this case supported the use of deadly force by police officers.”
The investigation of the shooting was conducted by the Montgomery County Detective Bureau, as is protocol for any officer-involved shooting in Montgomery County. As part of the investigation, County Detectives interviewed police officers and witnesses; reviewed the 911 call, police bodycam and other evidence. The officers involved cooperated with the investigation.
In Pennsylvania, the use of deadly force by a law enforcement officer is governed by Section 508 of the Pennsylvania Crimes Code. A law enforcement officer is “justified in using deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or such other person…”
