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PA Bill Number: HB777

Title: In firearms and other dangerous articles, further providing for definitions and providing for the offense of sale of firearm or firearm parts without ...

Description: In firearms and other dangerous articles, further providing for definitions and providing for the offense of sale of firearm or firearm parts without ...

Last Action: Third consideration and final passage (104-97)

Last Action Date: Mar 27, 2024

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Pennsylvania: Lansdale man charged with manslaughter in fatal church shooting :: 04/28/2016

NORRISTOWN >> A Lansdale man had no lawful justification to fatally shoot a fellow parishioner during a disturbance at a Montgomery Township church service where the victim was “only armed with his Bible,” authorities have concluded.

Mark T. Storms, 46, of the 1000 block of Lakeview Drive, was arraigned Thursday afternoon in Montgomery Township district court on charges of voluntary manslaughter and recklessly endangering others in connection with the April 24 shooting inside Keystone Fellowship Church in the 400 block of Stump Road in Montgomery Township that claimed the life of a fellow parishioner, 27-year-old Robert E. Braxton III.

Storms, handcuffed and clad in a gray T-shirt and jeans, sat at the defendant’s table with his head slumped down and a distraught look on his face as Montgomery Township District Judge Andrea Hudak Duffy read the charges filed against him and set bail at $250,000 cash, adding bail conditions that Storms is not to possess any firearms or go anywhere near Braxton’s family members.

When Duffy asked Storms if he still owned any firearms, he responded quietly, “The only one I had is the one I used in self-defense.”

Storms was then led by police officers out of the courtroom for transport to Montgomery County Correctional Facility. A preliminary hearing before Duffy was scheduled for May 12.

“It is clear in this case that the shooter brought a gun to a crowded church. He introduced that gun into a verbal altercation that turned into a fistfight and then fired the gun twice, aiming at a vital part of the body, killing the victim,” Montgomery County District Attorney Kevin R. Steele alleged Thursday.

“Storms’ shooting of Mr. Braxton was not a reasonable self-defense situation,” Steele added. “This is a situation where a gun is introduced into a fistfight. The victim has no weapon upon him.”

In court papers detectives wrote that Braxton “arrived at the service only armed with his Bible” while Storms attended the service “armed with his loaded Ruger LC9 9 mm semi-automatic handgun.”

With the reckless endangerment charge, authorities alleged Storms recklessly engaged in conduct that placed Braxton and the estimated 300 other parishioners who were in the church at the time in danger of death or serious bodily injury.

If convicted of the charges at trial, Storms faces a possible maximum sentence of 11 to 22 years in prison on the charges.

Steele said he was not aware of any church regulations prohibiting carrying a weapon in church, “but it just doesn’t make a lot of sense to me to bring a gun to church.”

Steele said the arrest is the result of an investigation that included interviews of more than 50 parishioners who witnessed the altercation, evidence collected at the scene, ballistics analysis and autopsy reports.

The investigation, Steele said, revealed Braxton, while attending the 11 a.m. service, became verbally disruptive when a fellow church member seated behind him touched him on the shoulder to let Braxton know he had taken an already occupied or reserved seat. Witnesses told authorities a church usher and an associate pastor intervened and tried to calm an agitated Braxton. They ultimately allowed Braxton to remain in the seat.

“Witnesses then saw the victim calming down and saw the shooter come over. When (Storms) came over, he had a gun out, escalating the situation,” Steele alleged.

Investigators alleged in the criminal complaint that Storms, who is not and has never performed any official functions in the church, displayed a concealed weapons permit badge, pointed his Ruger handgun at Braxton and “then acted without legal authority and told Braxton he had to leave the sanctuary.”

Witnesses told police that when Storms showed Braxton the badge, Braxton angrily remarked, “(Expletive) you and your fake badge, get the (expletive) out of here,” according to court papers. When Storms showed Braxton the gun, Braxton remarked, “That’s not a real gun,” according to witness statements contained in the arrest affidavit.

Storms was not and never has been a member of law enforcement, Steele added. Authorities alleged Storms possessed a gold badge he had inscribed with “Concealed Weapons Permit” and Storms told authorities he purchased the badge after he obtained his permit.

“Braxton then took a swing at the shooter, punching him in the jaw, and the defendant shoots the victim twice,” Steele alleged.

Some parishioners told detectives they “saw the muzzle flash and heard the shot” and then ran from the church. Another witness said he “instructed his family to get on the ground.”

Witnesses told detectives the men were standing about 3 feet apart and separated by a row of chairs during the deadly altercation.

An autopsy determined Braxton was shot twice, one bullet entering his right chest and the other entering his right arm. The manner of death was ruled a homicide.

“This is a situation where (Storms) came from another area of the church and approached the victim in this. It is not the victim approaching (Storms) that escalated this altercation,” Steele alleged.

When police arrived at the church Storms identified himself as the shooter and police secured the semi-automatic handgun from a black holster in Storms’ right waistband, according to the criminal complaint filed by county Detective Paul Bradbury and Montgomery Township Detective Todd Walter.

“Storms said he carries the handgun as often as he can, including to church, and has a concealed weapons permit from Montgomery County,” Bradbury and Walter alleged in the arrest affidavit.

During an interview, Storms, who attended the service with his wife and son, told detectives he was seated in the church overflow area when he heard a commotion and saw Braxton causing a disturbance. Storms claimed he approached Braxton and asked Braxton to step outside with him, according to the arrest affidavit.

Storms claimed Braxton was standing in front of him with clenched fists so he lifted his shirt and “put my hand on my weapon but did not take it out of the holster,” according to the criminal complaint. Storms told detectives Braxton then punched him in the face and it stunned him.

Storms claimed he fired two shots when Braxton began to charge at him with both fists clenched, according to court papers.

“Storms told investigators that he fired the shots because ‘I felt that my person was in great danger’ and that ‘I was worried about the other people in the church that someone else was going to get hurt,’” detectives wrote.

“There are elderly people and children in the church and I was worried for them,” Storms allegedly told detectives. “I had no intention to hurt him or kill him, I was trying to stop him because I was afraid he was going to hurt me and other people.”

Steele said he met with Braxton’s relatives on Thursday morning prior to announcing the charges against Storms. Braxton’s funeral is scheduled for Saturday.

“They ask that the media respect their privacy and allow them to grieve through this process,” Steele said on behalf of Braxton’s family.

http://www.thereporteronline.com/general-news/20160428/lansdale-man-charged-with-manslaughter-in-fatal-church-shooting