Blog

Federal Prosecutor Blames Philadelphia District Attorney for Police Shootout

Posted by Joseph D. Lento | Aug 26, 2019 | 0 Comments

The shootout in Philadelphia that hurt several police officers, but did not lead to kidnapping charges, has turned political. A federal prosecutor blamed progressive Philadelphia District Attorney Larry Krasner for the shooting.

The problem, though, is arguably that it was the federal government that shortened the shooter's prior sentence on a gun crime.

It's complicated. LLF's Criminal Law Team explains.

Police Shootout in Philadelphia Ends, Finger-Pointing Begins

Almost as soon as the Philadelphia shootout ended with six police officers hurt and the suspect in custody, the blame game began.

The day after the shooting, William McSwain, the U.S. Attorney for the Eastern District of Pennsylvania at the Department of Justice, issued a statement through the DOJ. In it, he directly blamed Philadelphia District Attorney Larry Krasner for the shooting.

He claimed that Krasner was responsible for the “new culture of disrespect for law enforcement.” He blamed Krasner for “entire sections of the criminal code that are ignored…especially the existing gun laws and drug laws,” and said that Krasner was “making excuses for criminals.” This attitude, in the eyes of McSwain, was behind the shooter's presence in the public – a man who McSwain called a “previously convicted felon with a long rap sheet.”

All of this, McSwain said, “precipitated” the shooting, creating a “disrespect so flagrant and so reckless that the suspect immediately opened fire on every single officer within shooting distance.”

The problem, though, is that it was McSwain's own office that asked for a lenient sentence for one of the shooter's recent convictions. That conviction was on a gun charge.

Federal Prosecutors Had Asked for a Lenient Sentence on Gun Conviction

An investigation by The Appeal uncovered documents that the shooter had pled guilty in June 2008 to being a felon in possession of a firearm with federal prosecutors from the Eastern District of Pennsylvania. He was sentenced in 2010.

During sentencing, a strange thing happened. The federal prosecutors asked for a lighter sentence than the mandatory minimum in the sentencing guidelines – the exact same kind of “downward departure” on a gun charge that McSwain was blaming Krasner for pursuing. Federal prosecutors asked for leniency because the eventual shooter had “cooperated with the Government” and “provided information about a shooter that led to an arrest.”

In short, federal prosecutors wanted a lighter sentence because their suspect had been an informant.

The shooter was eventually sentenced to 55 months in jail, followed by three years of supervised release. It was not a short jail sentence, but it was much shorter than the 75-month average for similar charges.

There's not enough information to tell whether the shooter would have still been on supervised release at the time of the shooting, were it not for the downward departure from McSwain's office. It's unclear if the shooter's jail sentence included time already spent in jail, or not.

What is clear, though, is that U.S. Attorney McSwain either neglected to look up the shooter's prior criminal record before publishing his criticism of District Attorney Krasner or hoped no one would notice the facts.  Granted, McSwain was not sworn in as U.S. Attorney until April 6, 2018, so it could have been the case that this information was not known to him at the time he voiced his most recent concerns regarding Philadelphia District Attorney Larry Krasner.  

Philadelphia Criminal Defense Team

If you have been charged with a crime in Philadelphia, call LLF's Criminal Law Team at 888-535-3686 or contact them online.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Contact Us Today!

The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu