On May 28, police were called to the 100 block of North 28th Street in South Whitehall Township following an anonymous 911 call, during which resident Gary Moyer claimed a man in his 60s or 70s was shooting at people with a rifle. Upon arriving on the scene, officers encountered Moyer exiting his home with a single shot rifle.
When Moyer began approaching the officers and their vehicles with the firearm, verbal commands to drop the weapon were repeatedly given over a patrol vehicle’s PA system. A round of less lethal bean bag shots failed to deter him. Three of the officers fired regular rounds at Moyer when he lifted the gun and pointed it in their direction.
A statement from Gavin Holihan, Lehigh County District Attorney, shared that the gun Moyer was carrying was later found to be non-operable, although he emphasized that there was no way for officers to have known that it was incapable of discharging ammunition in the moment.
Moyer was killed after suffering a total of seven gunshot wounds. The District Attorney’s Office has determined the officers’ use of lethal force during the incident to be justified, confirming that no charges will be filed.
While Holihan shared that the manner of death will be recorded as a homicide because of restrictive definitions, he shared his belief that Moyer’s true manner of death was suicide. It’s been determined that Moyer’s 911 call was intended to draw immediate police response, during which he described himself; a 73-year-old man with a rifle. He then ignored officers’ orders to drop his firearm, eventually pointing the weapon at them. A note found on Moyer’s kitchen table asked for forgiveness and conveyed “apologies to the officer who gets stuck shooting me.”
Holihan praised the officers involved for acting with restraint and patience, first attempting to deescalate the situation with less lethal force. All six remain unidentified because their actions were determined justified and all force used was found to be appropriate.
