Todd Shultz
Todd Shultz

An attorney representing the family of a man fatally shot by Springettsbury Township police officers in 2012 said the family will soon file a $5 million federal civil-rights lawsuit against the department and others.

Todd William Shultz, 40, of North York, was killed when he was shot by Cpl. Greg Hadfield and Officer James Miller outside the Kmart at 1094 Haines Road shortly before 7 p.m. Dec. 29, 2012.

Mechanicsburg-based attorney Devon Jacob on Thursday said he expects the lawsuit will be filed in the next couple of months.

"It is abundantly clear the force used ... against Mr. Shultz was unlawful," he said. "I now have the video of the shooting, which the township fought hard to prevent me from getting. ... It shows that at the time of the shooting, (Shultz) was a minimal threat — clearly not a threat to the extent that a serious injury or death was going to occur."

Shot repeatedly: Jacob said Shultz was shot by police several times while he was facing them, and that he then turned away from them. At that point, officers "fired approximately 10 more bullets into him, causing his ultimate death," the attorney said.

Jacob maintains police did not need to shoot Shultz.

"If they had simply just waited and reassessed (the situation), they would have realized they were not justified in using further legal force at that time," he said.

Township manager John Holman said he could not comment on the matter.

About 13 months ago, York County District Attorney Tom Kearney announced he had cleared Hadfield and Miller of wrongdoing, saying the officers were justified in using deadly force.

"Mr. Shultz presented an imminent danger of death or serious bodily injury at the time the officers used deadly force in the discharge of their service weapons," Kearney wrote in his report.

What happened: Store employees called 911 after they saw Shultz prying open a jewelry display. Responding officers tried to arrest Shultz inside the store, but he ignored officers' commands and fought with them both inside and outside Kmart, according to the report.

Outside the store, officers unsuccessfully used stun guns multiple times and a metal baton to try to subdue Shultz, who was armed with a knife and scissors, the report states.

Wielded knife: Shultz slashed and stabbed at the officers with a knife as he tried to get back in the store, according to the report, and that's when Hadfield and Miller fired repeatedly at Shultz.

He died 40 minutes later at York Hospital. Police later found 10 pairs of earrings belong to Kmart in his possession, the report states.

A toxicology test found Shultz had cocaine in his system, according to the report.

One unnamed witness told authorities Shultz was "charging towards the police (with) what I thought was a knife and the police officers had no choice but to shoot the man," the report states.

— Reach Liz Evans Scolforo at levans@yorkdispatch.com.