Montgomery County District Attorney Kevin R. Steele announced today that an investigation of the fatal shooting on April 26 by an Ambler police officer determined that the shooting was a lawful use of force.

The investigation was conducted by the Montgomery County Detective Bureau, as is protocol for any officer-involved shooting in Montgomery County, and interviewed police officers and witnesses, reviewed the 911 call, police bodycam and other evidence, DA Steel said.

According to officials, the incident began when Ambler Police responded to a 911 call made by Roberto Aguilar Cholula, 43, who told the dispatcher that he wanted to die and had a knife in his hand.

Officers found Cholula outside of the Forest Garden Apartments holding a black knife. He then pulled out a larger, butcher-style knife from his clothing and refused to comply with multiple commands by officers to put the knives down.

As Cholula advanced toward the officers with the knives extended, one officer discharged his Taser, but it failed to incapacitate Cholula, and he kept coming toward the officers. A second officer then fired one shot which struck Cholula in the abdomen dropped him to the ground. Officers immediately rendered aid and he was transported to Jefferson Abington Hospital, where he later died.

“These officers attempted to get the subject to comply with multiple commands to drop his deadly weapons as he advanced toward them,” said Steele. “Our investigation determined the facts of this case supported the use of deadly force by police officers.”

FOX29 interviewed three witnesses of the incident, each of whom praised the officers and their efforts to de-escalate the situation.

From the DA’s statement:

In Pennsylvania, the use of deadly force by a law enforcement officer is governed by Section 508 of the Pennsylvania Crimes Code. A law enforcement officer is “justified in using deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or such other person…” 18 Pa.C.S.A. §508(a). In addition, the use of deadly force by law enforcement officers is justified to defeat…the escape of a person who possesses a deadly weapon, or otherwise indicates that he will endanger human life or inflict serious bodily injury unless arrested without delay. 18 Pa.C.S.A. §508(a)(1)(i),(ii).