DOVER, Del. (AP) — The Delaware attorney general’s office has determined that a police officer was justified in using deadly force last year against a man who drove his vehicle toward him while trying to avoid an arrest for dealing drugs.
In a report released Wednesday, authorities said New Castle County Police Corporal Corey Nicholson acted in self-defense and the defense of others when he shot Andrew Edelemann, 22. A passenger in Edelmann’s vehicle, Aida Pabon, was wounded in the leg.
“Corporal Nicholson’s use of deadly force was a justified and reasonable response to the real threat of death or serious physical injury posed to him and his fellow officers by the actions of Edelmann,” investigators wrote.
“Any subjective perceptions of harm became objective facts when Edelmann nearly ran over Corporal Nicholson with a Hyundai SUV and struck two police vehicles in a matter of seconds,” they added.
Edelmann was shot after an undercover police officer arranged on Instagram to buy two chocolate bars infused with psychedelic mushrooms from Edelmann for $50 each. The two agreed to meet in the parking lot of a 7-11 store on Maryland Avenue in Wilmington.
In preparing to arrest Edelmann, New Castle County police developed a plan for an officer in an undercover pickup truck to position his vehicle in front of Edelmann’s so he could not flee the scene. Nicholson was in the front passenger seat of the truck, and the undercover officer who arranged the buy was in the back seat.
When police arrived, Edelmann’s vehicle was backed into a handicap parking spot. Several police vehicles converged on the scene, but the officer in the truck was unable to entirely block Edelmann’s vehicle, leaving a gap of several feet.
Nicholson, wearing a police uniform, exited the truck with his gun drawn and immediately began shouting commands at Edelmann, standing directly in the path of Edelmann’s vehicle, according to the report. Investigators said Edelmann accelerated his SUV in an apparent attempt to flee.
“Corporal Nicholson stated that Edelmann’s facial expression gave him the impression that Edelmann was “not going to give up – deer in headlights face,” investigators wrote. Store surveillance footage and police body camera footage show that Nicholson was directly in front of Edelmann’s vehicle, and that Nicholson “was barely able to avoid getting hit as he fired his weapon at the vehicle,” according to investigators.
Nicholson fired eight shots. Edelmann was struck by five rounds, while Pabon was hit in the left knee. A loaded AR-style semiautomatic rifle was found on the driver’s side of Edelmann’s vehicle.
Edelmann’s family, along with Pabon, are suing Nicholson and the county in federal court. Court records indicate that they plan to file an amended complaint following a judge’s ruling last month on the county’s request to dismiss several claims in the lawsuit.
