INITIAL FINDINGS AND REVIEW

OVERVIEW

Over the last two months, U.D.T.J. and Delco Resists have worked directly with the family of Shawn Morcho to review evidence in this case with the goal of better understanding the circumstances surrounding Shawn Morcho's death in July of 2022. As we have gradually reviewed more evidence through right-to-know requests, our team has become increasingly alarmed. We have reviewed Yeadon Borough Police Department Policies, all recorded body camera footage, and the holding cell footage. Delaware County District Attorney Jack Stollsteimer’s Criminal Investigation Division (CID) cleared Yeadon Police Department after a three-day investigation of the body camera footage and written statements from the officers. After watching the same footage, reviewing borough policies, and reading the officers’ statements, we now know this to be a gross mishandling of the case. Upon our review and research, we felt compelled to alert the public of the magnitude of Shawn’s story and the evident likelihood that it could happen again.

INITIAL FINDINGS

Shawn Morcho was arrested on July 5, 2022 by Officer Matt Barr, with Officer Nicholas Tokonitz and Officer Phillip Stephens responding. Shawn’s mother called 911 to get her son placed into a rehabilitation facility. However, upon Yeadon police’s arrival, Shawn was arrested for an outstanding warrant for failing to appear in court regarding a past family dispute and for possession of marijuana. Shawn was then transported to Yeadon Borough Hall and placed into the custody and care of Yeadon Borough Police Department and Shift Supervisor Lieutenant Burns.

Upon Shawn’s arrest, multiple civil rights and department policies were violated and include but not limited to;

  • the failure of the arresting officer to read Shawn their Miranda warnings when he was arrested for not just a warrant but for possession of marijuana, as well as his questioning of Shawn without the issuing of Miranda warnings,

  • failure of the arresting officer to communicate Shawn’s intoxication and use of marijuana to the proper parties, 

  • failure of the arresting officer to produce a Lockup Record Form upon arrival to the police department and failing to do so after a minimum of 30 minutes, 

  • failure of the arresting officer to ensure Shawn was examined by a Fire Department paramedic due to being under the influence, 

  • failure to perform a required health/medical screening interview during the booking process, 

  • failure to have visible justification that Shawn was in a state that inhibited the booking process, 

  • failure by the arresting officer to provide any number of phone calls to the detainee during the booking process,

  • failure by the arresting officer to inform the detainee of their ability to make a phone call to family or lawyer, 

  • failure by the arresting officer to ensure Closed Circuit Television (CCTV) equipment in the cell was operating properly, 

  • failure by the arresting officer to ensure CCTV equipment was being monitored, 

  • failure by the shift supervisor to ensure CCTV was monitored, 

  • failure by the shift supervisor to ensure all reports, records, and documents pertaining to an arrest were maintained and completed, 

  • and failure by the shift supervisor to ensure the safety of the detainee.

Shawn’s detainment in the lockup facility lasted approximately 40 minutes. Shawn was placed in cell one after only 73 seconds of processing, which included a simple patdown by Officer Barr. No other booking procedures were conducted. The “Incident Report” stated that the reason for not conducting any processing procedures was that Shawn was to be transported to Darby Borough for processing and then back to Yeadon for holding. However, this is unlikely, as the current policy since the COVID-19 pandemic has prevented municipalities from taking other department’s detainees. According to the incident report, Shawn was then left unattended for 39 minutes.

There is no audio in the holding cell video, but on ten separate occasions you can see Shawn reaching out for help, waving to get the camera’s attention, and clearly experiencing distress. After that time, with Shawn’s calls for help unanswered, Shawn attempted to end his life. Shawn remained in the cell until Officer Barr entered the lockup facility and called for help. Shawn was then taken down and moved to the hallway where CPR was initiated and paramedics were called. The paramedics arrived 8 minutes later where he was taken to Mercy Fitzgerald Hospital. At 1:42 PM Shawn was pronounced dead by the medical staff at Mercy Fitz. Had Shawn been “given help” as requested by his mother, he would have already been down the street where doctors later desperately tried to save his life.

For context, the average person experiences permanent brain damage after only 4 minutes without oxygen, and death can occur as soon as 4 to 6 minutes. Had the police department followed the procedures that Shawn was to be under constant 24-hour supervision, in person checks conducted every 30 minutes, and had they responded to his clear calls for help, there would have been a significantly greater chance of prevention and resuscitation. Had Shawn gone through the required booking and screening procedures as required by the department's policy, mental distress,  in theory, would have been noted and closer supervision enforced. Under no circumstance, should a department be so negligent and incompetent. 

One violated policy is a mistake, 2 or 3 would be a training issue, 4 or 5 would be a department in transition. Over 10 violated policies is without a doubt systemic and demands wholesale accountability from top to bottom. We have counted 13 individual violations of Policy #4.102 so far. We remain deeply concerned with the lack of awareness and ownership of these council-passed, decades-old, collective bargaining agreement approved policies by Yeadon elected officials and the Yeadon Police Department.

SUMMARY

As a result, we have determined a systemic failure across the Yeadon Police Department at all levels to protect the community, its residents, and Shawn. Following the lackadaisical investigation by the District Attorney, we find no other option but to demand the Department of Justice intervene and conduct a pattern and practice investigation of the entire department. We are not qualified to conduct an investigation ourselves, but enough violations are evident that we can say with near certainty that Yeadon has a systemic problem on its hands.

As concerned community members, we have earnestly used all powers at our disposal to seek the truth about this case so reforms can be created to make sure this never happens again. Given the current state of infighting amongst the Yeadon Borough Council, the implication of responsibility on the acting Police Chief Lt. Burns, and the barebones investigation by our county DA, we believe the only way to ensure a quality, unbiased investigation is to demand the Department of Justice (DOJ) come in. We believe the Yeadon Police department was grossly negligent in the death and suicide of 22-year old Shawn Morcho by failing to follow numerous police department procedures and violating his civil rights.

Unfortunately, we cannot rule out malicious intent by the arresting officer for their negligence. During transport, an exchange between Officer Barr and Shawn indicated a previous encounter. Whereas Shawn mentioned being treated with respect and was told by Officer Barr “if you treat me with respect, I’ll treat you with respect.” This was interrupted by Shawn stating loudly “yeah no but that’s what you said last time!” The question remains if this incident is not just a systemic failure across the department but also a more targeted act of malicious negligence. This is why a DOJ investigation is so important. Without their involvement, the residents of Yeadon cannot rest, they are not safe, and there is no guarantee anything will change.

NEXT STEPS

From the community and family of Shawn Morcho, we make the following demands to Yeadon Borough Council:

  1. Pass the provided resolutions, stating council’s full public support for a DOJ Patterns and Practice Investigation. 

  2. Immediately waive your attorney-client privilege as council members when it comes to this case and allow the community to complete our collection of evidence through our pending Right-to-know requests. It is important to work with the community through transparency to help rebuild trust.

  3. Immediately suspend Officer Barr and Lt. Burns to desk duty pending further administrative review and the DOJ investigation that we believe will lead to both of their terminations.

  4. Cooperate with any other federal or state investigations that occur in the future in regards to this case or the operations of the Yeadon Police Department.

  5. Conduct public meetings in compliance with the Pennsylvania Sunshine Act and all applicable laws, in which the concerns of residents and stakeholders can continue to be expressed publicly within Yeadon’s public meetings.

DISCLAIMER: This the initial information the community has compiled regarding the Shawn Morcho case and is subject to change. Any information that changes will be publicly announced.

For any questions of requests for comment please email us as udtjorganization@gmail.com

To download a PDF of our Initial Findings please click the button below:

YEADON POLICE DEPARTMENT POLICY

The following information provided is a copy the Yeadon Police Department Policy #4.102 PRISONER DETETION & LOCKUP FACILITY. This policy was last updated on June 1st, 2009 and was provided to the public as a result of our right-to-know request. Please refer to this document as reference.