Montgomery County police officer cleared in fatal shooting of man last month, DA says

A Montgomery County police officer has been cleared in the fatal shooting of a 55-year-old man during a confrontation last month, District Attorney Kevin R. Steele announced Friday.

The Upper Perk Police Department officer, who was not named, used lawful force in shooting Gabriel Diaz at an East Greenville Borough house on Sept. 14, Steele said in a statement.

Shortly after 8 p.m., East Greenville police responded to a 911 call for a domestic incident on the 100 block of Cherry Street and spoke with a family member who told them that Diaz had physically assaulted and choked her, Steele said. Family members also said Diaz had knives in the basement.

While police were speaking with family members, Diaz barricaded himself in the basement and repeatedly threatened to harm the officers and blow up the basement, Steele said.

East Greenville police requested assistance from other police agencies, and the Pennsylvania State Police, Upper Perk, Douglass Township, New Hanover, and Lower Salford police departments responded. Police evacuated family members from the house.

Police attempted to negotiate with Diaz to exit the basement, and at one point Diaz came to the top of the stairs allegedly armed with an ax and a machete, but then retreated.

“At approximately 11:30 p.m., police officers breached the basement door to find Diaz with bladed weapons in each hand,” Steele said.

”Diaz then charged at police officers and failed to respond to commands to drop his weapons. Police deployed a [T]aser, which failed to stop Diaz. An Upper Perk police officer discharged his firearm, striking Diaz twice. A machete and hatchet were recovered by Diaz’s body,” Steele said.

Diaz was pronounced dead at the scene.

An obituary said Diaz was married and was survived by six children. A GoFundMe was created to help his family.

The investigation of the shooting was conducted by the Montgomery County Detective Bureau.