FREDERICK, MD- The Frederick County State’s Attorney’s Office (FCSAO) has completed its review of an officer-involved shooting incident that occurred on October 19, 2020 at approximately 2:42pm in the area of 47 Park Drive in Emmitsburg, MD involving a deputy from the Frederick County Sheriff’s Office and a trooper from the Pennsylvania State Police. This officer-involved shooting occurred in relation to the apprehension of David Leatherman, the co-defendant of the deceased Bryan Selmer, and did not result in injury. The FCSAO’s review focused exclusively on whether criminal charges relating to the law enforcement officers’ conduct are warranted.
After the review of all available evidence and application of expert opinion to that evidence, the FCSAO declines to bring criminal charges against the two officers involved. This decision is based entirely on the relevant criminal laws and standards of proof in Maryland and does not limit administrative action by the Frederick County Sheriff’s Office or civil actions where less stringent laws, rules, and legal standards of proof apply. The FCSAO’s authority extends only to criminal matters and as such we express no opinion regarding the propriety or likelihood of success of any non-criminal actions.