The Lancaster County District Attorney’s Office is not investigating Manheim Township Police Department Chief Duane Fisher’s use of force because the office determined that the actions did not rise to the level of a potential criminal act.  The Lancaster County District Attorney’s Office does not investigate use of force or internal policy violations of police departments that do not rise to the level of a potential criminal act. 

Specifically, to support a criminal charge, the prosecution would have to prove beyond a reasonable doubt that Chief Fisher had a criminal mens rea, or intent to commit a crime, when he attempted to stop the defendant. Mens rea, per the legal definition, is a person’s thinking and/or intention/purpose at the time of an incident. 

After a review of all reports in this matter, including relevant surveillance video, official police reports and the affidavit of probable cause, it is clear that Chief Fisher was acting in his capacity as a police officer trying to gain compliance of the driver to further investigate and not with any intent necessary to establish criminal conduct.  Chief Fisher called out on the radio that he was following a motorcycle with no registration plate and provided his location.  He then advised that the driver was operating the motorcycle erratically and ran a steady red signal at a traffic light. He further indicated that the driver was passing vehicles on the right, mounting the sidewalk, using no turn signals and cutting across multiple lanes of traffic and weaving between other vehicles.  After Chief Fisher relocated the motorcycle, he then again radioed his location noting that he had the “vehicle stopped to the rear of 1917 Fruitville Pike.” Chief Fisher then exited his vehicle with his weapon drawn and physically grabbed the driver as he “began to start the motorcycle.” 

Whether the use of force or tactics used during the traffic stop was within or against policy, training, or best practices is the sole determination of Manheim Township.  Again, the District Attorney’s Office does not have authority over internal policy or discipline specific to any police department in Lancaster County and we make no findings regarding such.