DA: Threats, Pursuit Preceded Fatal Shooting

The following is adapted from a press release from the Montgomery County District Attorney's Office:

Montgomery County District Attorney Risa Vetri Ferman and the Pennsylvania State Police announce that their offices are conducting a joint investigation into a shooting death that occurred on  Dec. 17 outside of 1705 Snyder Road, Upper Frederick Township.  were called to the residence for reports of a man who had shot two individuals who had allegedly attacked him with baseball bats outside of his home. One of the men died from the gunshot wound he suffered.  

Preliminary investigation revealed that a woman residing at the home of her boyfriend had contacted her husband to pick her up after she and the boyfriend argued. The female’s current husband, Josh Levin and her 19-year-old son, Zachary Levin, arrived at her boyfriend’s residence 1705 Snyder Road. Upon their arrival at the residence, both Joshua and Zachary Levin got out of their car allegedly wielding baseball bats. One had a full size aluminum bat and the other a small wood replica bat, according to reports.  

When the resident of the home saw the two men poised to attack him with baseball bats, he retreated to the rear of the property where his truck was parked. Both Joshua and Zachary allegedly pursued him on foot and threatened to kill him. As they pursued him, they each had a bat in their hands, according to reports.

When the resident arrived at his truck, he retrieved a Ruger .40 caliber semi-automatic handgun from under the front seat, authorities report. The gun was legally owned and properly registered to the resident, who possessed a valid license to carry firearms.

Both Joshua and Zachary Levin allegedly confronted the resident outside of his pickup truck, poking him with their baseball bats.  At one point, Joshua Levin struck the truck in the left front, according to reports.  During this entire encounter, the resident reportedly attempted to move away from the pair and retreat. The Levins pursued him around the truck and had him trapped with one baseball wielding man on each side of him, authorities allege.

The resident attempted to end the confrontation by displaying his firearm and annoucing that he was armed, according to reports. He allegedly struck Joshua Levin in the front of his head with the handgun in an attempt to back him down. These actions did not have a deterrent effect, authorities said.

After Zachary Levin struck the resident with his baseball bat, the resident fired a shot at Zachary, according to reports. Zachary reportedly fled after the shot was fired. Joshua Levin allegedly started to come toward him, with his bat poised to strike, and the resident then fired a single round at Joshua Levin. Joshua fell to the ground and the shooter disarmed him of the baseball bat and immediately called 911 for help, authorities report.

A neighbor was outside his home at the time of the shootings. He heard a loud verbal exchange. This included hearing a person threatening to call the police. A second person responded to the first person saying, “go ahead” and call the police. This was just prior to hearing the gunfire.

When the State Police arrived, they discovered Zachary Levin, who suffered a fatal gunshot wound to the chest. Josh Levin suffered from a gunshot wound to the arm.  An autopsy was conducted by the Coroner’s Office which ruled the death of Zachary Levin a homicide. Whether the circumstances of the shooting render the homicide as justifiable is a determination for the District Attorney.  

The determination of whether this homicide is justifiable will be determined by a legal analysis of the facts of the event and of the “stand your ground” provision of the newly enacted “Castle Doctrine” Act 10-2011 which became effective in August 2011. Under the current Castle Doctrine, a person has the legal right to use deadly force if he believes such force is necessary to protect himself from death or serious bodily injury, the person shot displayed a weapon capable of deadly use and the shooter is not engaged in criminal activity. Under the new law, a shooter has no duty to retreat in most circumstances.

Crime scene, ballistics and toxicology test results are pending.