ALLENTOWN, PA — District Attorney Gavin P. Holihan has ruled that a fatal shooting at an Allentown bar in December was justified under Pennsylvania self-defense laws.
The shooting death of David Gibbs occurred on Dec. 19 at 1410 Hanover Ave. in Allentown at an establishment known as Big Woody’s.
The cause of death was found to be a gunshot wound of the torso and the coroner determined the manner of death to be homicide.
The shooting occurred during an altercation that started inside the bar area when two groups of men got into a minor argument that escalated rapidly.
Holihan’s investigation into the events includes a review of videos from the bar that recorded the events, statements of witnesses, investigative reports, evidence collected, photographic evidence, medical evidence and a review of relevant Pennsylvania law.
The incident started with one group of people at the bar who were interacting with two women.
This group included Gibbs and two others.
A second group of people arrived at the bar after the first group had been interacting with the women.
One of the two women was dating a member of the second group and when that became obvious to members of the first group, tempers flared.
As Gibbs and a member of the second group were arguing verbally, others from the second group tried to end the argument.
Gibbs threw a punch at one member of the second group which struck him in the face, knocking him to the ground.
At that point Gibbs and two others from his group began physically fighting with members of the second group.
During the brawl, one member of the first group produced a fixed blade knife which was clearly visible in his right hand.
Gibbs was striking a member of the second group and at one point held him from behind in a headlock.
The individual who had been knocked down recovered, stood up and produced a handgun from a holster.
Immediately before he fired, he observed Gibbs holding the other person in a headlock while punching him.
At the same time, the individual with the knife was in close proximity and still actively involved in the fight.
The armed individual fired and struck both Gibbs and another member of the first group who were physically engaged with the person being held in the headlock.
The individual with the knife then turned his attention toward the shooter and charged at him, stabbing him.
While backing away, the shooter fired again, striking the individual with the knife.
Gibbs received emergency medical treatment from the Allentown Police Department and Allentown EMS.
He was transported to a local hospital where he succumbed to his injuries.
The individual who fired the shots remained at the bar after the shooting and called 911 requesting police and EMS while indicating that he had shot three people in self-defense.
He remained at the scene until police arrived and surrendered himself to them without incident.
His handgun was seized by the arriving officers.
The handgun was legally owned and possessed by the shooter who had a permit which lawfully allowed him to carry a concealed firearm.
Holihan concluded that the person being held in the headlock was at risk of death or serious bodily injury from the combined assault of three men, one of whom had possession of a knife.
The district attorney found that the shooter reasonably believed that the use of deadly force was imminently necessary to protect the other person from the risk of death or serious bodily injury.
Holihan also concluded that neither the shooter nor the person he was protecting provoked the fight or the use of force with the intent of causing death or serious bodily injury to another person.
The district attorney found that the shooter had no duty to retreat before using deadly force under Pennsylvania’s “Stand Your Ground” law.
The individual who fired the shots will not be charged with a crime.
The investigation into the events revealed that all four elements required under Pennsylvania law for justified use of deadly force in defense of others were present at the time the fatal shot was fired.
