DA White Lays Out Evidence in Self-Defense Ruling, Says Racial Bias Did Not Play Role in Fatal Shooting

| March 16, 2022

FA37F424-001E-4FA2-9426-F9C12C07C8E7VENANGO CO., Pa. (EYT) – The fatal December 2021 shooting of a Peter Bernardo Spencer at an Emlenton area camp was ruled a justifiable homicide Tuesday and no charges will be filed against the shooter.

(PHOTO ABOVE: DA Shawn White. Photos by Dave Cyphert of ProPoint Media Photography)

Venango County District Attorney Shawn White said the suspect was legally justified in shooting 29-year-old Spencer, of Allegheny County, under the Castle Doctrine, better known as the “Stand Your Ground” law.

The final findings were released early Tuesday afternoon during a joint press conference held by the District Attorney’s office and Pennsylvania State Police Troop E, Franklin.

White opened the press conference, held in an airplane hangar in Franklin, with a stern message for individuals who criticized the District Attorney’s office throughout the three-month long investigation.

“It has been said that we are not paying attention to (the case), we haven’t cared about that, and nothing could be further from the truth,” said White.

“From the very first day, our local law enforcement has done their due diligence in doing their investigation of every bit of evidence on this matter. As has my office as well.”

“I was called to the scene. I was there from day one. It has consumed almost every waking moment that we’ve had for the last 90 days. And anybody who says anything to the contrary is wrong.”

White also chastised critics who thought the DA’s office should have released more information throughout the course of the investigation.

“I’ve been criticized for not saying something in the last 90 days. Under the rules of professional conduct, I cannot say anything about an on-going investigation. I have quoted that numerous times. Please tell the general public I’m not allowed.”

“The rules of professional conduct are there for a reason.”

Peter Bernardo Spencer.

Peter Bernardo Spencer.

A Friendly Fire Turns into a Deadly Shooting

Franklin-based State Police said the suspect, a white male from Mercer County, had invited some friends to his family’s camp along Carls Road near the Allegheny River in the Emlenton area. He and his friends were drinking around the campfire when one friend, Spencer, “got an AK-47 assault rifle out and started shooting it up into the air” on or around December 12.

Spencer started yelling at them and demanding that they get more wood for the fire. Spencer “went insane,” according to the witnesses, and later took their car keys and made them get on the ground. Spencer was pointing the AK-47 at the suspect, and the suspect subsequently shot him nine times with his pistol. The suspect and another friend drove up to a nearby location where cellular service was available and called 9-1-1.

Pennsylvania State Police responded to the scene by meeting the suspect and Witness 1, a white male from New Castle, at a nearby church and followed them to the scene. The suspect’s 9mm pistol used in the shooting was collected as evidence. Upon arrival at the camp, Spencer was located in the yard of the camp, face-down near a smoldering fire pit and in front of a detached garage. Spencer was determined to be deceased at this point. The AK-47 assault rifle, found in front of the garage, was collected by police.

The suspect told police that he moved the rifle away from Spencer’s body after the shooting. The suspect clarified that, in doing so, he “cleared” the rifle by removing the loaded magazine and clearing a round from the chamber. The suspect then placed the AK-47 assault rifle, magazine, and round he ejected from it on the ground in front of the garage.

Scene Processed by PSP Forensics Team

The scene was processed and documented by the Pennsylvania State Police Forensic Services Unit (FSU).

A total of twenty-nine undischarged cartridges were collected with the AK-47 assault rifle. A second magazine, empty, was located in the yard. Thirty-one discharged 7.62×39 (AK-47) cartridge casings were located scattered about in the yard area and along Carls Road in front of the camp site. Eleven discharged 9mm casings were located in a grassy area in front of the garage. One slug was recovered from the ground beside Spencer’s body. A Diamondback AR-15 assault rifle was discovered in the detached garage in a black gun case lying on the floor.

Police said further investigation revealed that both the AK-47 assault rifle and the AR-15 assault rifle were brought to the camp by Spencer in this gun case, as the suspect and Spencer had planned on doing some shooting at the camp. Marijuana, a digital scale, and various drug paraphernalia were also found at the scene.

Rumors had been circulating that police found video of the shooting; however, White emphasized that no operating cameras were found at the scene.

A zipper wallet was located in Spencer’s pocket containing his PA driver’s license, social security card, and other personal documents. An AR-15 magazine, containing twenty-nine undischarged cartridges, was collected from Spencer’s front pants pocket. A gray iPhone belonging to Spencer was recovered from his pants pocket. A red iPhone, belonging to Witness 1, was collected from Spencer’s pocket. Two sets of car keys were found on the ground approximately 2.5 feet from Spencer’s body. One set of keys belonged to Witness 1. The second set of keys belonged to Witness 2. A plastic bag containing a mushroom, later confirmed to contain the psychedelic substance psilocin, was located in Spencer’s hooded sweatshirt pocket.

Witness Statements

White said all four witnesses (the suspect and three others) were separated and interviewed at PSP Franklin Barracks. The following summation of the evening was pulled from these interviews.

Earlier in the week, the suspect invited some friends to his dad’s camp as a getaway weekend:

Witness 1: a white male from Ohio
Witness 2: a white male from New Castle, Pa.
Witness 3: a white female from New Castle, Pa.
Spencer: a black male from Pittsburgh, Pa.

None of the four individuals knew each other outside of knowing the suspect, with the exception of Witnesses 2 and 3 who were boyfriend/girlfriend.

White emphasized that no one involved in the incident was from Venango County.

“No one involved in this investigation, whether a suspect, witness or victim, was even from Venango County,” said White. “We have been accused, in kind of a geographical war, of somebody coming up from the big city and we took advantage of them or lured them.”

“Nobody in Venango County was involved in this. The residence in Venango County and Emlenton had nothing to do with this crime. Not in any sense.”

The suspect and Spencer were friends for years since they had worked with each other. They had been at each other’s family residences in the past and the suspect had tried to obtain sub-contracting work for Spencer in recent months. Two other individuals were invited and had come and gone earlier in the day. There were additional people who were invited but never showed up.

Spencer and four others spent the day off-roading together. After returning to camp, they decided to build a fire and start drinking and cooking food.

“A couple of hours passed and everyone was having a good time,” according to the witnesses.

Witness 3 went to sleep in a bus owned by Witness 2 because she was cold.

In addition to alcohol being consumed, the suspect, Witness 1, and Spencer were smoking marijuana and ultimately used psychedelic mushrooms brought to the camp by Witness 1.

“All the witnesses, when they were interviewed, all the investigators looked and they were all alert times three,” said White. “Nobody seemed to be under the influence of anything at the time the interviews were conducted that morning at the station. Toxicology was taken from the victim and from the suspect in this case. The suspect did not show any positive for hallucinogenic mushrooms. The witnesses’ statements were that he had partaken in some, but toxicology did not bear that out.”

Spencer started saying that he wanted to “build up the fire more, as much as they could.” The suspect and Witness 2 started getting more firewood from behind the house and carried it to the fire. Spencer then brought out his AK-47 assault rifle to the area of the fire pit. As the suspect and Witness 2 were going back and forth getting more firewood, Spencer fired a few shots in the air. Witness 2 told the suspect he didn’t feel safe and that they should try to get the AK-47 assault rifle off Spencer.

Witness 1 started helping the suspect and Witness 2 get more firewood· Witness 1 also told the suspect that he was scared.

Witnesses said Spencer kept getting louder and louder, with some of what he was saying being unintelligible like it was another language.

The witnesses said Spencer started proclaiming that he “was a god” and a “creator, master, and manipulator of his own reality.”

Spencer proceeded to fire “more and more shots off,” demanding that the other three gather more wood for the fire. This went on for approximately forty-five minutes to an hour with bursts of shots being fired by Spencer in the air and around the vehicles at the camp. The suspect attempted to deescalate the situation and convince Spencer to give up the gun, but Spencer couldn’t be reasoned with and started becoming angry, according to the witnesses.

Witness 1 stopped gathering firewood at a later point and went to his car. Spencer stopped him and demanded his car keys and phone, telling him “you’re not going anywhere.” Spencer pointed the AK-47 assault rifle at Witness 1 and instructed him to “get on the ground and kneel” and that he (Spencer) was a god. Witness 1 complied and was then instructed by Spencer to sprawl out on the ground at gunpoint. Witness 1 again complied. It was at this point the suspect grabbed his 9mm pistol from a nearby picnic table and placed it in his waistband behind his back.

Witness 2 entered his bus in an attempt to leave. After starting the bus, Witness 2 was instructed by Spencer to give him the keys. Witness 2 remained on the floor of the bus from that point.

The witnesses said Spencer became extremely angry that everyone refused to follow his instructions to gather wood. Spencer started swearing at the suspect and pointing the AK-47 assault rifle in his face. Spencer also started demanding to know where “the girl” (Witness 3) went. The suspect lied to Spencer and told him that Witness 3 was in the house sleeping. Witness 3, awake by this time, was hiding under a bed on the floor of the bus. The suspect again tried to calm Spencer down and tell him he needed to stop. Spencer then repeatedly demanded to know where the girl was and stated he would “shoot up the place if (he) needed to.” Spencer pushed the suspect out in front of him to get the suspect to find Witness 3.

The suspect – knowing that Spencer had taken the car keys of two witnesses at gunpoint, had Witness 1 on the ground, had Witness 2 on the floor of the bus, and made threats to shoot up the place – believed that Spencer intended on killing all of them. The suspect turned around and, with the AK-47 assault rifle pointed at him by Spencer, drew his 9mm pistol. The suspect fired all the rounds in the pistol at Spencer, who fell to the ground and dropped the AK-47 assault rifle.

A neighboring camp owner was also interviewed by police.

On December 11, 2021, at approximately 11:58 PM, the camp owner and his wife began hearing gunshots in the area of the suspect’s father’s camp. They heard approximately five to six shots that were fired quickly. No other shots were fired for approximately twenty to thirty minutes. On December 12, 2021, at approximately 12:30 a.m., they heard more gunshots (5-6 shots fired quickly). There was another break lasting ten to thirty minutes. At approximately 1:00 a.m., they heard twelve to fifteen shots. At 1:30 a.m., the neighbors heard the final approximately five to six shots fired quickly. These were the last shots they heard.

“The report of the neighboring camp owners, while not expected to be to the precision of exact counts of shots, is consistent with the statements of the suspect and witnesses that the bursts of gun fire were intermittently fired by Spencer, increasing in number as the night progressed,” said White. “Further, the last grouping at approximately 1:30 a.m. is consistent temporally with the reported actions of the suspect following the shooting and the time of the call to 9-1-1.”

“The report of the neighboring camp owners, while not expected to be to the precision of exact counts of shots, is consistent with the statements of the suspect and witnesses that the bursts of gun fire were intermittently fired by Spencer, increasing in number as the night progressed,” said White. “Further, the last grouping at approximately 1:30 A.M. is consistent temporally with the reported actions of the suspect following the shooting and the time of the call to 9-1-1.”

Spencer’s Phone Searched

Spencer’s iPhone was searched and documented. The phone contents revealed conversations between the suspect and Spencer that were of a friendly nature. The video and photographic contents revealed that Spencer was with the group a significant time leading up to this incident – off-roading and visiting various local sites, including Freedom Falls in Kennerdell, Pa. Videos also depicted the group having what appeared to be a pleasant time at camp cutting down trees for firewood and enjoying each other’s company around the fire. At no time was anyone hunting, nor was anyone depicted hunting on this occasion.

Autopsy, Ballistics, and Toxicology Reports

An autopsy was performed by Dr. Eric Vey, Forensic Pathologist, at the Erie County Coroner’s Office.

The autopsy report revealed that Spencer was struck nine times. There were two entry wounds to the front torso and upper right chest (exiting the back), one entry wound to the face (non-lethal, through the lower lip exiting side of neck), two closely-grouped entry wounds to the side under the right arm, two entry wounds to the back (superficial, grazing wounds), and two closely-grouped entry wounds in the buttocks. Upon a complete review of the autopsy report, the location and trajectory of these wounds are consistent with the suspect’s statements and support that Spencer was initially facing the suspect when the shooting began, and then proceeded to twist, turn, and fall in the plane of gun fire. Seven slugs were recovered from Spencer’s body.

A ballistics report was prepared following the collection of the slugs and shell casings. Both the AK-47 assault rifle and the 9mm pistol were determined to be fully functional. All thirty-one discharged 7.62×39 (AK-47) shell casings recovered from the scene were analyzed and determined to have been fired from this particular AK-47 assault rifle. All eleven discharged 9mm casings recovered at the scene were determined to have been fired by the suspect’s 9mm pistol. Additionally, the seven slugs recovered from Spencer’s body during the autopsy and the one slug recovered from the ground beside where Spencer’s body was found were determined to have been fired from the suspect’s 9mm pistol. Police said the results of the ballistic report are consistent with the suspect and witness statements.

A blood sample was drawn from Spencer’s body at the autopsy for the purpose of toxicology testing. The toxicology results notably revealed the presence of alcohol, THC (marijuana), and psilocin. Psilocin is a hallucinogenic that can cause panic attacks and psychosis. This toxicology report is consistent with the statements of the witnesses and the discovery of an additional uneaten mushroom containing psilocin located in Spencer’s hoodie pocket, according to White.

Federal Firearms Investigation, Interview with Spencer’s Fiancee

The two firearms brought to the camp by Spencer were processed by PSP. The AK-47 assault rifle has an obliterated serial number and was illegal to possess. The second firearm brought by Spencer, an AR-15 assault rifle, was purchased by his fiancee. Spencer and his fiancee were, prior to this shooting, under investigation by the U.S. Department of Justice – ATF regarding the illegal acquisition and disposition of these and other firearms. That investigation continues at this time.

In an interview with Spencer’s fiancee, she initially stated that she did not see Spencer take any guns with him when she dropped Spencer off. She further stated she has never seen Spencer with a gun, nor does she believe that he owns a gun. Later in the interview, Spencer’s fiancee reported that she might have observed Spencer get into the back of her vehicle, but did not see what he grabbed. Spencer’s fiancee also stated that Spencer used marijuana, but that he had no history of consuming psychedelic narcotics such as LSD or mushrooms.

Castle Doctrine “Stand Your Ground” Law

In 2011, Pennsylvania strengthened its self-defense laws through an expansion of its Castle Doctrine.

Prior to the 2011 changes, victims acted in self-defense had a duty to retreat before defending themselves outside their homes, a duty to demonstrate in court that they reasonably believed their use of force was necessary, and were subject to potential civil liability and legal expenses in a civil action brought by or on behalf of their attacker.

When there is evidence presented at trial that a killing was committed in self-defense, the burden is upon Commonwealth to prove beyond reasonable doubt that the defendant was not acting in self-defense, by establishing that the defendant did not reasonably believe it was immediately necessary to kill in order to protect himself against death or serious bodily harm or used more force than was necessary to save himself from death, that defendant provoked the use of force, or that defendant had duty to retreat and safe retreat was possible.

“Based on the evidence, the Commonwealth will not be able to meet their burden and prove that this was not self-defense/defense of others in accordance with the laws of the Commonwealth of Pennsylvania,” said White. “Therefore, no charges will be filed against the suspect for the shooting of Peter Spencer.”

No Racial Bias

Spencer’s fiancee also indicated that she told Spencer to be careful because it was far, there was no cell service, and he was the only “black person” in the group of white people.

“There have been many claims in the news and through social media that this incident was racially motivated,” said White.

White said the DA’s office consulted with the Heritage Affairs Department of PSP.

“No evidence of racial bias on the part of the suspect exists in this case,” said White. “To the contrary, the statements and evidence corroborate that Spencer and the suspect were friends leading up to this incident. No evidence exists to support the claim that Spencer was lured to the camp under false pretenses or pursued by the suspect or anyone else in the group.”

Corporal Aaron Allen - PSP Heritage Affairs Liaison Officer.

Corporal Aaron Allen – PSP Heritage Affairs Liaison Officer.

Corporal Aaron Allen, PSP Heritage Affairs Liaison Officer, detailed his office’s investigation.

“My office has overseen this investigation since day one. We have worked in collaboration with the Pennsylvania State Police criminal investigators, the District Attorney’s office, and several other outside agencies such as the ATF and things of that nature,” said Allen. “We wanted to make sure this investigation is thorough and we investigated it to the best of our ability.”

“We’ve also overseen this investigation to make sure that there isn’t any hate and/or bias detected throughout this investigation. And I can tell you right now, there has not been any sort of hate and/or bias detected.”

Allen said Spencer’s relationship with the man who shot him played a role in determining that there was no racial bias.

“These individuals were solely friends,” said Allen. “They were here for a camping trip and that’s why we indicated there was not hate and/or bias attached to this.”

Allen said his office met with the Spencer family prior to Tuesday’s press conference.

“We have been in constant contact with the family, Mr. Paul Jubas, who is the representative for the Spencer family, the Jamaican consulate, and several other outside agencies that have showed support to this actual incident,” said Allen.

“We sat with (Spencer’s family) for almost two hours to just kind of go over the timeline with them and help them better understand the outcome of this actual investigation. That was very important to us before we actually came here today.”

White also rebuked false information that was released by some sources indicating white hunters lured Spencer to the Emlenton area.

“No one involved in this was hunting. I’ve seen the narratives out there where six white hunters lured somebody from the big city and set him loose in the woods and then ambushed him, said White. “It’s absolutely false. Nobody was hunting. Nobody had any hunting weapons. No one was lured or pursued.”

The full press conference can be viewed here.

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