Attorneys call report clearing Quakertown police chief of wrongdoing in brawl with teenagers flawed
It's been more than two months since some Quakertown teenagers were arrested after getting into a physical confrontation with the police chief, and there's been controversy about who was the aggressor — the chief or the teens.
A report was released to the media on April 16 and found Quakertown Police Chief Scott McElree's actions and those of his department were "justified and within police policy." The report was conducted by the Police Chiefs' Association of Bucks County, and the findings were determined by a panel of four nearby police chiefs.
It said, Quakertown police "handled themselves with restraint and professionalism during a time of chaos" and that videos and McElree's extensive injuries, including broken ribs and a collapsed lung, are "clear evidence that Chief McElree was the victim that day."
This all started on Feb. 20 when roughly 40 students walked out of Quakertown Community High School to protest ICE. After walking a few blocks, the demonstration turned physical when McElree, who is also the borough manager, moved into the crowd of teens. He was wearing regular clothes, and witnesses said he never identified himself as a police officer.
But according to the Police Chiefs' Association report, the chief said he did identify himself and had lights activated on his unmarked police car.
At one point, McElree appeared to put a 15-year-old girl in a chokehold. Five teens were arrested and charged with assaulting the chief and spent several nights in custody. Since then, four have had the felonies dismissed but are facing other charges.
Defense attorneys for the teens are calling this latest report biased, incomplete and flawed. Don Souders represents one of the teens. He called the report a joke.
"These are comrades in arms to the chief. It's not possible by definition for them to be independent," he said.
The Association's report did note that McElree was not "clearly identifiable" as a police officer and recommended that officers in plain clothes should have a badge or other police markings. Another recommendation was for all officers to have body-worn cameras during events like the one that occurred on Feb. 20.
The Bucks County District Attorney's Office said it's conducting an independent investigation into the police response that day but has yet to release a report or comment.
Souders said, "I think there's an effort to get ahead of the quote unquote independent investigation that's being done of the chief and his conduct on the day in question by the DA's office," in response to why the Quakertown borough requested a review by the Police Chiefs' Association of Bucks County, which says it was based solely on information and videos provided by the Quakertown borough.
CBS News Philadelphia reached out to the Police Chiefs Association, McElree's attorney and the borough solicitor. We have not heard back.
Meanwhile, the Quakertown borough council is holding its first work session since the report was released Monday night. Some community members are planning to attend and voice concerns about the integrity of the report.