No charges for Quakertown police chief, but use of force under scrutiny in DA's report: "a calamitous decision"

The conduct of Quakertown's police chief during a student protest earlier this year was not criminal but caused trauma in the community, a new report says.

Police Chief Scott McElree will not face charges in connection with a February anti-ICE protest led by Quakertown Community High School students, the report released Monday from the Bucks County District Attorney's Office says. 

But the report has strong criticism for McElree, who is also the Quakertown borough manager.

"It is obvious that the events of February 20, 2026, have caused pain and division in the community of Quakertown. Even if the physical injuries suffered that day may have healed, the trust of the public remains in need of repair," the report says. 

McElree's use of force in particular comes under scrutiny in the report.

"Charging after a juvenile without waiting for uniformed officers or even communicating his intentions to his subordinates does not reflect professionalism, coordination or appropriate supervision by the Chief of Police," the report says. "Although McElree was legally authorized to use force, his decision to do so in the manner he chose was not a measured tactical approach that balanced public safety with First Amendment rights. It was a calamitous decision that disrupted a student protest and led to confusion and trauma for an entire community."

This all stems from a school walkout in February, when about 40 teenagers walked through Quakertown to protest ICE. After they walked a few blocks, police attempted to arrest one of the protesters. Then, McElree, who was wearing regular clothes and driving an unmarked car, got involved in a physical altercation with some of the teens.

McElree and multiple other officers involved were not wearing body cameras at the time of the confrontation, so investigators had to rely in part on videos from bystanders. 

McElree was treated at the hospital for multiple injuries after the altercation, including three broken ribs, a collapsed lung and a concussion. 

Multiple students were hurt as well, including one who was treated at a hospital, according to the report.

CBS News Philadelphia has reached out to McElree for comment on the report and is waiting to hear back. 

Apparent chokehold did not violate department policy, report says

Video shared on social media of the confrontation appeared to show McElree placing a girl in a chokehold.

McElree's use of force "did not exceed the legal limits under Pennsylvania law," and the Quakertown Police Department does not have a policy restricting chokeholds, the report says.

That means the DA doesn't have reason to bring charges against McElree, but the report argues "it is appropriate" to ask the chief to "immediately provide a timeline" showing when the department will implement the use-of-force guidelines that the county rolled out in 2020.

"While McElree had the legal authority to use the force he employed, his ill-advised decision to do so was the precipitating incident which led to violence outside of Sunday's Deli," the report says.

Altercation caused "severe trauma" to community

Community members who believe the students should be punished for their actions that day and others who want to see the chief prosecuted have reached out to the DA's office during the investigation, according to the report. 

Five students were charged after the incident, but all of them have entered diversionary programs to have the charges expunged. The police department later asked the DA's office to prosecute additional juveniles who allegedly assaulted McElree but were not arrested at the scene, but the office declined, according to the report.

"Our office did what prosecutors must always do without fear or favor: follow the facts, apply the law, and exercise sound judgment and discretion," District Attorney Joe Khan said in a press release about the report. "But no criminal investigation alone can heal the trauma and pain the Quakertown community suffered five months ago."

The report also notes that issues between the police department and the Quakertown community are not new.

"Our investigation shows that the events of February 20 may have exacerbated – but did not create – a rift between certain communities and QPD," it says.

Quakertown Borough Council previously declined to discipline McElree, and a report from the Police Chiefs Association of Bucks County also cleared him of wrongdoing. 

Chief Deputy District Attorney and chief of staff Brendan Flynn wrote the report.