A routine traffic stop for speeding turned into a blazing gun battle that left one Pennsylvania state trooper critically wounded and a suspect bleeding from gunshot wounds of his own, CBS Philadelphia reported.
Now Daniel Clary, 22, has been convicted of attempted murder and other charges stemming from the violent encounter on Nov 7, 2017 in Plainfield Township, The Allentown Morning Call reported.
The paper sued for access to a graphic and violent police dash cam video that showed the entire 45-minute incident, including the troopers wrestling Clary to the ground and exchanging gunfire with him before he drives away.
The video shows the two state troopers, Ryan Seiple and Seth Kelly, speaking with Clary after they pulled him over for speeding. The Morning Call’s cut of the video includes the opening minutes where Clary is patted down by troopers. T
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The troopers ask Clary to walk in a straight line before they ask him to place his hands behind his back. He was being arrested on suspicion of driving under the influence of marijuana, according to the Pocono Record.
“For what?” Clary asks, before a struggle breaks out. The troopers wrestle with him to the ground and one of the troopers is able to shoot him with his Taser. Clary falls to the ground and screams.
“Stop resisting!” one of the troopers yells, as they drag Clary toward the rear of his car. One of the troopers picks up a handgun and tosses it away. One trooper keeps the Taser firing as the other trooper tries to restrain Clary on the ground.
“Get on your back!” he yells. The two troopers continue trying to restrain him. Both deliver blows, but Clary eventually rises to his feet and breaks free. He runs around to the driver’s side of his car, reaches in the open window, pulls out a gun and fires.
Seiple falls backward toward a police vehicle as Clary fires at the troopers. Kelly drops to his knee and returns fire as Clary fires over the roof of his vehicle, eventually striking Kelly, who manages to tumble over a guardrail and in to cover.
Clary returns to his car. More gunshots blow out part of the back window of Clary’s vehicle before it speeds away.
Kelly, bleeding in the grass, had been shot four times and was suffering from a severed femoral artery, a doctor testified, according to Lehigh Valley Live. He was clinically dead when he arrived at the hospital, and has endured multiple surgeries and a medical coma, the site reported.
Clary, who was also shot, drove himself to the hospital and was taken into custody, CBS Philadelphia reported.
At trial, his defense lawyers argued that Clary was scared for his life and may have been confused as a result of a head injury, according to Lehigh Valley Live. “He is writhing in pain on the ground throughout much of this encounter. He doesn’t throw a punch. He doesn’t’ kick anyone. He is incapacitated,” Clary’s defense lawyer Janet Jackson said, according to the site.
Prosecutors argued that Clary would have been fine if he had continued to obey troopers’ orders, that he was the one who continued to escalate the situation and that he reached for the troopers’ weapons, the Pocono Record reported.
In June, a jury found Clary guilty of attempted murder of law enforcement officers, disarming police, resisting arrest and escape, according to the Morning Call. They dismissed a marijuana charge.
Prosecutors said it was a tough call deciding whether to release the graphic video to the public, according to the Morning Call, but released it after a lawsuit by the paper and after conferring with the troopers involved.
“Our concerns have always been the victims, the state troopers in this matter, protecting them,” First Deputy Assistant District Attorney Terence Houck told the paper. “But after speaking with them, they wanted it released, as did I.”