Pa. Trooper justified in fourth fatal shooting, says Lebanon County DA

• Robby Brod
  BioRecent Stories

  

  Robby Brod was the Democracy Beat reporter for WITF.

Lebanon County District Attorney Pier Hess Graf says a Pennsylvania State trooper was justified in fatally shooting a man last year.

Graf explained her decision in a 50-page report that State Trooper Jay Splain was justified when he shot and killed 40-year-old Andy Dzwonchyk in November.

It’s the fourth time Splain has been cleared in a fatal shooting, as documented in a New York Times article in December.

The others occurred in Northampton, Lehigh, and Lebanon counties. In that Lebanon case, Graf also determined Splain was justified to use lethal force.

Graf wrote that Splain’s past had “no relevance to the legal determinations” made by her office in the most recent case.

During the shooting, Splain and Trooper Justin Achenbach tried to take Dzwonchyk, of Union Township, into custody for violating a protection-from-abuse order, but he drove away with the other trooper hanging on to the car.

Splain used a stun gun and shot Dzwonchyk in the arm, but the car kept moving. Splain then fired multiple shots.

Graf has been criticized for a potential conflict of interest because her husband works for the state police and was at one time Splain’s supervisor.

She called those accusations absurd.

“Media articles written up until this point used eye-catching headlines to further an untrue and unfair narrative – namely, that our Office is unable to objectively and accurately rule in this case,” she wrote. “While I respect and love my husband dearly, who I happen to go home to after work has never impacted my professional capabilities or beliefs.”

Graf said the media’s coverage is rooted in sexism.

“When I attend District Attorney conferences, I am always struck at the sheer lack of women who occupy the seat of elected District Attorney,” she wrote. “I am only the second female DA in the history of Lebanon County. In all my years as a prosecutor, I never once witnessed any of my male colleagues be questioned or vilified based on their spouse’s career.”

Last year, the Lebanon County chapter of the NAACP filed a complaint against Graf with the Pa. Supreme Court’s disciplinary board, questioning whether it was appropriate for her office to investigate the use of lethal force against Charity Thome, a woman who was evicted from her home and got caught trying to break into it.

She fled in her car and was shot to death seven times by two troopers, one of whom was Splain.

Graf’s office investigated the shooting and determined Splain’s use of force was justified.

The NAACP called for “a thorough, unbiased investigation of the use of lethal force” by an outside agency.

“By all appearances, [Graf’s] office’s so-called ‘investigation’ was hurried and perfunctory and its outcome predetermined,” the complaint states.

It is currently under review by the disciplinary board.

“While our Office discussed deferring a release of our Report and our Findings until the Board did its work,” Graf wrote in the report on Dzwonchyk’s death, “we believe the public’s right to know what truly happened outweighs any additional delay.”