Federal Suit Filed In Fatal Sharon Hill Police Shooting Incident

SHARON HILL, PA — The family of 8-year-old Fanta Bility, who was shot and killed by police on Aug. 27 outside a high school football game, has filed a federal lawsuit that claims the officers acted with recklessness.

The family's attorney Bruce L. Castor in a suit filed Tuesday claims "the Borough of Sharon Hill and its agents were deliberately indifferent and reckless with respect to potential violations of constitutional rights."

Castor places much of that blame on policies in the police department itself as well as its chief based on "a policy, custom or practice of ignoring the appropriate standards for use of deadly force, and/or has failed to train its officers appropriately."

The suit seeks "answers and damages for the tragic and unnecessary death of Fanta Bility and the injury and trauma inflicted on others as a result of the misconduct of Sharon Hill Police offrcers [Sic]."

Four of the seven counts in the suit call for $100,000 in damages separately in addition to other damages listed in the three remaining counts.

The officers named in the suit are Devon Smith and John Scanlan III. A third officer is named as a defendant, but a name is not included in the suit.

These three officers who fired their weapons have been placed on administrative duties pending the results of the investigation.

According to Delaware County District Attorney Jack Stollsteimer, the events on the evening of Aug. 27 began when a group of young men got into an argument confrontation that turned into gunfire on the 900 block of Coates Street, one block west of the entrance to the Academy Park High School football stadium.

The confrontation occurred at approximately the same time as spectators were exiting the stadium.

Multiple .45 caliber and .9-millimeter shell casings have been recovered from this crime scene.

Detectives have identified suspects and persons of interest involved in this confrontation.

Three Sharon Hill police officers were on opposite the area used by spectators to exit the stadium.

Additionally, Sharon Hill Borough has engaged Kelley B. Hodge of Fox, Rothschild LLP to conduct an administrative review of the Sharon Hill Police Department policies and procedures related to police use of deadly force.

As the gunfire erupted on Coates Street, a car turned onto Coates Street directly in front of the officers. The DA's office concluded that the gunfire, combined with the movement of the vehicle, precipitated responsive gunfire from the Sharon Hill Police officers.

Stollsteimer said due to a grand jury investigation, no updates on the case will be provided until the grand jury completes its work, which may take months to finish.

Under Pennsylvania law, grand juries are panels composed of lay citizens who listen to and consider evidence presented by prosecutors. If the investigative grand jury believes the evidence presented by the prosecution warrants the filing of criminal charges against an individual or individuals, an investigative grand jury presentment will be issued.

In this case, the grand jury will hear testimony related to the entire incident that night on Coates Street and will, at the conclusion of its work, issue a comprehensive report as to what happened on August 27.