Cops Cleared in Fatal Shooting of Cinnaminson Teen

No criminal charges will be filed in the fatal shooting of a Cinnaminson teenager who allegedly stole guns from a gun shop and was allegedly shooting at police officers in Lebanon County, PA, last summer, Lebanon County District Attorney David Arnold announced on Wednesday.

Joshua Malave Jr., who was 18, died from a single gunshot wound from a police officer after he allgedly stole 80 guns from the Horseshoe Pike Gun Shop.

“The officer involved was justified in employing deadly force to subdue Mr. Malave,” Arnold said. “The officer did not provoke the actions of the suspect and could not avoid using deadly force with complete safety for himself and/or other officers and residents of the community. As such, the officer’s actions in employing deadly force were lawful and justified. His quick and proper response may well have saved himself and others from serious injury and/or death. For these reasons, no criminal charges will be filed against the officer. To the contrary, while it is unfortunate that a life was lost, I commend the actions of the officer involved for protecting his fellow officers and the residents of our community.”

On Aug. 3, 2015, at about 5:13 a.m., the South Londonderry Township Police Department responded to the report of an alarm at the Horseshoe Pike Gun Shop.

Shortly after the first responding officer arrived, he discovered that a rear window to the gun shop had allegedly been pried open and ammunition was lying on the ground below the window.

As the responding officer approached the window, he allegedly saw a person dressed in camouflage run east across Forge Road toward a soybean field.

There is a corn field and a private home behind the soybean field.

The person allegedly ignored the officer when he yelled for him to stop, and then disappeared from site due to darkness. The officer called for backup.

Other officers began to arrive, and attempted to set up a perimeter around the area in which the officer saw the suspect flee.

As officers arrived, they also allegedly discovered multiple handguns lying underneath the broken window along with the ammunition.

Shortly thereafter, an officer spotted what he believed to be a moving person in the soybean field.

Three officers were standing together next to the soybean field with their weapons drawn and were yelling commands to the suspect, who then jumped up to his feet.

He was wearing a ski mask and carrying a backpack and a rifle.

He allegedly ran in the general direction of the private home and another officer who was near the home. The three officers gave chase.

During the chase, the suspect allegedly ignored all commands from the officers to stop running.

“Out of fear for the safety of his fellow officers, anyone who may have been inside the private residence, and his own safety, one officer fired a shot at the armed suspect,” Arnold said. “The suspect returned fire with one shot from his rifle.”

The suspect allegedly continued to ignore commands to stop, and the officer fired a second shot, which hit the suspect and killed him.

“The officer was legally justified in firing his weapon on this occasion. He was justified because he reasonably believed deadly force was necessary to protect himself and others from death or serious bodily injury,” Arnold said.

The Lebanon County Detective Bureau, along with numerous other local, state and federal authorities, worked in conjunction with the Lebanon County District Attorney’s Office to investigate the circumstances surrounding the shooting.

The investigation included numerous interviews in both Pennsylvania and New Jersey, as well as various forensic tests of multiple pieces of evidence.

“This was obviously a very lengthy investigation and involved many agencies,” Arnold said. “We had to investigate not only the shooting itself, but whether or not there were other possible suspects involved with the burglary of the gun shop. This required a great deal of coordination and team work among local, state and federal investigators and authorities. I’d like to thank the officers and departments involved for their professionalism, thoroughness and collaboration in the investigation.”

The officers involved in the incident were not named.

The stolen guns were discovered in bags scattered throughout the field, according to the Courier Post. Police say they don't know what he intended to do with the guns. They also believe he acted alone.

He was staying at a nearby campground with his family that weekend, according to the report. His family said they didn't know he had left the campground that morning.

Police believe he may have been contemplating suicide, and that he had been arrested a few weeks before this incident, according to the report.