An investigative review of the February clash between student anti-ICE protesters and Quakertown police sharply criticized Police Chief Scott McElree for his “calamitous” decision to charge into the crowd of demonstrators.
The 20 page review, ordered by by the Bucks County District Attorney’s Office, however did not call for any new criminal charges against either the protesters or police.
“The investigation established that the precipitating factor that led to violence was Chief McElree’s decision to swiftly enter an agitated crowd of teenagers while wearing plain clothes, with no visible badge, uniform, body-worn camera, or handcuffs,” the investigative report said.
“This decision created a ‘fog of war’ where students — believing that an unidentified vigilante was attacking them — acted to defend themselves or others, while police officers, seeing McElree attacked, acted lawfully to stop and arrest people who were assaulting a police officer,” the report said.
McElree’s “ill-advised decision to do so was the precipitating incident which led to violence,” the report said.
Five teens were initially charged with aggravated assault as well as misdemeanor offenses, but all the aggravated assault charges were eventually dropped. Prosecutors have since struck diversion-program deals with the teens.
The clash between the students and police on Feb. 20 was captured on video by onlookers and circulated widely online. One video showed McElree grappling with a boy on the sidewalk. Another captured the 72-year-old McElree with his arm around a teen girl’s neck.
The Quakertown Police Department had sought additional charges against juveniles for allegedly assaulting McElree, who also holds the position of borough manager, but the District Attorney’s Office announced Monday that it has denied the request.
Officials said McElree had sought medical care after the clash for injuries that included fractured ribs. He also took worker’s compensation leave for several weeks before returning to work in May.
A panel of area police chiefs later cleared McElree of wrongdoing following a review of the case.
A spokesperson for Quakertown Borough could not be reached for comment Monday evening.
The investigative report also placed blame on some of the students.
“The truth is that while most students protested lawfully, some broke the law. While most protestors and observers did not recognize McElree as a police officer at first, a few students assaulted police officers in uniform and assaulted McElree even after it should have become evident that he was with the” Quakertown Police Deparment,” the report said.
Investigators also looked at allegations that McElree was ideologically hostile to the anti-ICE protest and had tried to stop it from happening.
The investigation “found no evidence to support these claims,” the report said.
Ettore Angelo, a lawyer for one of the teens who was charged, said in a statement Tuesday that the police chief should have faced more consequences for his actions.
“My client was incarcerated for four days, on house arrest for 28 days, has been vilified in the community, has been harassed in school, and has faced trauma and turmoil no 15-year-old should ever have to endure. She is a remarkable child, and I am very proud of her, as are her parents,” Angelo said.
“She did not deserve this, nor did the other kids. Meanwhile, Chief McElree ends up with no consequences. Apparently, even when not wearing a badge or uniform, he can manhandle children with impunity,” Angelo said.
District Attorney Joe Khan said in a statement that he and members of his staff will “engage in conversations with the Quakertown community” over the next 45 days and then release recommendations “about how to move forward to help heal these rifts.”
Khan also said it was important to remember the events leading up to the Quakertown protest.
“Kids across Bucks County, including my own, learned of the horror of civilians like Renee Goode and Alex Pretti being shot and killed in the streets of Minneapolis by ICE and Border Protection agents,” Khan said.
“Young people witnessed their immigrant neighbors living in fear. Bucks County students raised their voices and spoke up about the grievous injustices they saw,” Khan said.
“It’s true that some students broke the law, though most protested and exercised their First amendment rights peacefully. It’s also true that the police chief made terrible mistakes even as most officers acted with professionalism and restraint that day,” Khan said.
“The heavy-handed actions of ICE nationwide have caused stress between law enforcement and the communities they serve. We saw that reflected in so much of the footage we reviewed of the protest. For many folks, it was traumatic to see front page images of a law enforcement officer with his arm around the neck of a teenage girl who was protesting ICE. That is why it is important for our office to explain our findings and to engage the community in a meaningful dialogue in the weeks ahead,” Khan said.
The investigative review was assigned to the Special Investigative Unit of the district attorney’s office, with prosecutors and detectives who had no ties to Quakertown or any involvement in the delinquency proceedings against the five juveniles.
County detectives conducted more than two dozen interviews over the course of five months. The interviews included 22 civilian witnesses, including four juveniles who could not be interviewed until after their prosecutions had been resolved. The last interview took place last week.
