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State troopers kill Mercer man during shootout
Police: Victim had history of mental illness
Saturday, March 28, 2009

MERCER, Pa. -- State troopers shot and killed a Mercer County man with a history of mental illness yesterday afternoon, police said, after he opened fire on them near his rural home.

Walter J. McGarvey, 45, of 850 River Road in Delaware Township, died of multiple gunshot wounds after firing at two troopers who were accompanying a Mercer County mental health representative to the home Mr. McGarvey shared with his parents in a sparsely populated, wooded area.

State police Capt. Scott Neal said Mr. McGarvey's parents had contacted mental health officials yesterday morning because of their son's "bizarre behavior."

The troopers, Capt. Neal said, were asked by mental health officials to provide an escort to the home because "there was a fear, a suspicion that [Mr. McGarvey] may have had access to weapons."

Capt. Neal said that upon arriving at the property just after noon, the troopers saw Mr. McGarvey approach them from around a building near the house.

When the troopers saw that Mr. McGarvey had a handgun tucked inside his belt, they instructed the mental health representative and Mr. McGarvey's parents to go inside the house. Capt. Neal said the troopers then ordered Mr. McGarvey to put the gun on the ground.

"He became agitated. He would not comply," Capt. Neal said.

The troopers then used Tasers in an attempt to subdue Mr. McGarvey.

"The Tasers were ineffective," Capt. Neal said. "We don't know why the Tasers were ineffective. He had a lot of clothing on, and it might have been because of the thickness of his clothing."

Mr. McGarvey then fled from the troopers, running across the road and into the woods about 100 feet from the house.

"He then abruptly stopped, drew his firearm, immediately turned on the troopers and began to fire," Capt. Neal said. "He fired two rounds, one of which struck one of the troopers' gun in its holster." The bullet also grazed the trooper's hand.

The troopers returned fire, striking and killing Mr. McGarvey. The trooper whose gun was struck was only able to fire it once. After that, Capt. Neal said, the gun would not fire.

Capt. Neal said the troopers, who were not identified, had been assigned to administrative duties pending an investigation of the incident.

"Based on the information we have right now, these officers followed procedure," Capt. Neal said. "We know that we get paid to do this job, and sometimes these situations can happen. From all appearances, these two troopers did everything they could to rectify the situation without it escalating to a deadly force situation, but it just didn't pan out that way."

Police said an inspection of Mr. McGarvey's gun, a .38-caliber revolver, showed that it had been fired twice and appeared to have misfired three times.

Capt. Neal said Mr. McGarvey had a history of mental health problems, which he wouldn't specify. He also wouldn't say whether the man had been taking any medication and wouldn't reveal what problem prompted his parents to seek the worker's help.

Mr. McGarvey's parents, whom police would not identify, declined to comment.

The wounded trooper was treated and released from Greenville Hospital last night.

Dan Majors can be reached at dmajors@post-gazette.com or 412-263-1456.
First published on March 28, 2009 at 12:19 am