New Hope officer mistook gun for Taser, shot inmate in holding cell

A New Hope police officer who shot a man in the stomach while he was in police custody will not face criminal charges, Bucks County District Attorney Matthew Weintraub said Friday, because the shooting was accidental.

The prosecutor said the shooting was "neither criminal nor justified, but was excused."
The officer, who retired Wednesday and whose name was not released, shot Brian Riling, 38, once during a scuffle inside a holding cell at the New Hope Police Department on March 3. As the officer struggled with Riling, he yelled "Taser!" as a warning, but mistakenly drew his gun, Weintraub said.

"Given the totality of circumstances, the officer would have been justified in using his Taser to regain control of Riling inside the holding cell, as the officer had a reasonable belief the scuffle posed a danger to his fellow officer" he said. Because the officer believed he was pointing a taser at Riling, Weintraub said, "he did not possess the criminal mental state required to be guilty of a crime under state law."

Riling was in police custody after an arrest earlier that day on intimidation charges, according to a law enforcement source. His longtime girlfriend told police Riling had sent her over 100 text messages, threatening to attack her, calling her a prostitute and threatening to kill himself, according to the affidavit of probable cause for the arrest.