The Pennsburg police officer who shot and killed a borough man three weeks ago will not face criminal sanctions in Montgomery County. On Monday, the office of District Attorney Kevin Steele described the Feb. 9 shooting of Trey Bartholomew, 27, of Valley Court, as a lawful use of force.

            An independent investigation determined that the facts of the case supported the use of deadly force, according to the statement delivered by Kate Delano, the director of communications for the DA. The officer will remain on administrative leave while the Upper Perk Police Department conducts an administrative review with regard to departmental policy and procedures, according to Chief Joe Adam.

            "The Upper Perk police officer acted by discharging his firearm to put a stop to a lethal threat," Steele said in the statement. "Our investigation determined the facts of this case supported the use of deadly force."

            In a text message received Tuesday afternoon, council President Diane Stevens thanked the DA for his thorough and timely response "to provide some answers in this matter." She also wrote that "Mr. Bartholomew's family and the involved department member remain in our thoughts and prayers during this difficult time."

            At 7:41 p.m. on Feb. 9, a 911 operator dispatched Upper Perk Police for a call about a family member, identified as Bartholomew, who left the left the house armed with a sword and threatening to kill anyone who came up to him.  A municipal officer, with his vehicle lights/siren activated spotted Bartholomew in Long Alley.

            Upon exiting his vehicle, the officer observed the suspect brandish a large sword in his right hand, with the blade of the sword pointed directly at the officer. As he brandished the sword the suspect said, "what's up mother f***er?" The officer pulled his weapon and twice commanded the man to "put it down."

            The suspect refused and charged the officer with the knife. The officer fired three times striking the suspect twice. The suspect fell to the ground still holding the sword, according to the news release.

            A 23-inch sword was recovered from the scene. Analysis of recovered home surveillance video and audio revealed that it was a five-second period from when the officer yelled two verbal commands for the suspect to put down the weapon and the three shots were fired, according to law enforcement officials.

            "The dispatch reports police received were that the man left his house to kill anybody he encountered, and when he encountered a police officer, the evidence is that he tried to do just that," Steele said.

            Other officers from the Upper Perk Police department and surrounding jurisdictions arrived and assisted in removing the sword from Bartholomew's hand. Officers rendered first aid, but the man was pronounced dead by arriving EMS.

            A Feb. 10 autopsy performed by Dr. Frederick Hellman, a forensic pathologist with the Montgomery County Coroner's Office, determined that Bartholomew died of gunshot wounds to the upper left chest and upper left arm.

            The independent investigation of the shooting was conducted by the Montgomery

            County Detective Bureau, as is normal procedure for officer-involved shootings in Montgomery

            County. The Upper Perk Police Department and the officer involved cooperated with the investigation. Numerous witnesses were interviewed as part of the investigation and a partial video as well as audio recording of the shooting was recovered from a home security camera, according to the information provided by Delano.