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NORRISTOWN — A Philadelphia man looked down with a blank expression as a jury convicted him of attempting to kill an Upper Merion police officer during a chaotic shooting incident outside the King of Prussia Mall during the height of the busy Christmas shopping season last year.
Andrew Wiley, 28, was convicted in Montgomery County Court on Wednesday of charges of attempted murder of a law enforcement officer, assault of a law enforcement officer, aggravated assault of a law enforcement officer, possession of an instrument of crime and firearms not to be carried without a license in connection with the 2:30 p.m. Dec. 18, 2022, incident during which he fired multiple gunshots at Upper Merion Police Corporal Scott Samuels.
“We owe a debt of gratitude to our police officers in Montgomery County and anybody that shoots at them should understand, from this verdict, that they are going to face decades in jail,” county District Attorney Kevin R. Steele said after the verdict was announced.
The jury deliberated one hour before reaching the verdict after hearing testimony during a three-day trial.
Judge William R. Carpenter deferred sentencing so that court officials could complete a background investigation report about Wiley, including drug, alcohol, and mental health evaluations.
Steele and co-prosecutor Tanner C. Beck vowed to seek at least the 20-year mandatory sentence permitted under state law on the charge of assault of a law enforcement officer when Wiley is sentenced.
“The bottom line on this is if you shoot at a police officer here, you are going to jail for 20 years. We had a very attentive jury that made sure that justice was done here today and we’re very appreciative of their efforts and we’re very thankful for our police here in Montgomery County,” Steele added.
Wiley will remain in the county jail without bail pending sentencing.
As he was escorted from the courtroom by sheriff’s deputies after the verdict was announced, Wiley, who was supported in court by several relatives, said, “I feel deeply sorry for everyone that was involved in this.”
Samuels was not injured during the incident and returned gunfire as he ran for cover.
Wiley sustained non-life-threatening gunshot wounds to his thigh and ankle during the incident.
Earlier this year, an independent investigation conducted by members of the county detective bureau determined Samuels acted with a “lawful use of force” when he discharged his weapon and shot and wounded an armed Wiley after Wiley fired gunshots at the officer in the parking lot of the Seasons 52 restaurant at the popular mall complex.
Authorities said the officer fired his weapon at Wiley, striking him and stopping the threat to the officer as well as to innocent bystanders.
The jury also convicted Wiley of recklessly endangering other persons, charges representing the holiday shoppers who were in the vicinity at the time of the shooting and witnessed it. One woman from central Pennsylvania who had just dined at the Season 52 restaurant testified, “It’s like the shootout at the O.K. Corral.”
During the trial, Steele and Beck argued Wiley intended to kill Samuels when he fired six gunshots at Samuels during the incident.
Prosecutorial evidence included police dashcam video that captured the shooting at the busy retail complex. Detectives testified multiple fired cartridge casings were recovered at the scene.
But defense lawyer Benjamin Cooper argued Wiley did not intend to kill a police officer and began firing indiscriminately during the chaotic incident because he wanted to die at the hands of police. Cooper suggested Wiley was experiencing “extreme mental issues” at the time of the incident.
“The defense theory was that he did not have the specific intent to kill or injure any law enforcement officer or any member of the public. He was careless. We conceded the reckless endangerment charge and the firearms charge. But as far as his actions were concerned, this was a pretty troubled young man. He was very depressed, he was very high and he was scared,” said Cooper, who at trial suggested the jury should acquit Wiley of the charges of attempted murder and aggravated assault of a law enforcement officer.
Cooper, who expressed disappointment in the verdict, hinted Wiley would appeal the jury’s decision.
When Wiley testified on Tuesday he claimed he did not intend to kill or harm Samuels when he fired his ghost gun about five or six times. Wiley claimed he had consumed alcohol and marijuana earlier and was frustrated and startled after being involved in a minor traffic accident and being confronted by police and shot in the direction of a retaining wall and not necessarily at Samuels.
Wiley claimed he was depressed on the day of the incident and was contemplating taking his own life.
According to Wiley’s testimony, he purchased the handgun on the streets of Philadelphia a month earlier for $600 for protection because others had threatened him.
Prosecutors pointed out that Wiley gave inconsistent statements regarding how he suffered the gunshot wounds.
Wiley testified on Tuesday that he had the gun in his hand when he drove his vehicle over a retaining wall as he fled from police and it discharged accidentally, a bullet striking him in the leg. However, during a statement he gave on Dec. 18 just hours after the incident, Wiley told county Detective Heather Long that he tried to shoot himself in the head and instead shot himself in the leg.
Prosecutors argued Wiley’s testimony and statements were so inconsistent that anything he said could not be trusted.
“None of the evidence comports with him shooting himself,” Steele contended. “The defendant made a number of admissions in this case but a lot of what he said afterward and to this jury yesterday was very self-serving. It did not comport with the evidence and the jury saw through it.”
Beck praised the investigation conducted by Long, a former Pottstown detective, and Upper Merion detectives.
“I think the consensus of all the people who saw Officer Samuels’ actions that day was that he acted great in the situation,” said Beck, adding Samuels defended himself and the public. “And all of the work since then, both through Upper Merion Police Department and detectives was great, putting this investigation together and it really made our job a lot easier just presenting it in court.”
The investigation began about 2:30 p.m. on the Sunday before Christmas when a hit-and-run crash in the King of Prussia Mall area involving a red Nissan Juke operated by Wiley was reported to police. An Upper Merion bicycle officer located the striking Nissan Juke parked in a mall parking garage, with Wiley attempting to hide in the vehicle, according to court papers.
Wiley started the vehicle and fled toward the mall’s Gulph Road exit but became stuck in traffic, detectives alleged. As Samuels’ marked patrol car with its lights activated pulled behind the Nissan Juke, the vehicle jumped a curb and Wiley attempted to escape through the Seasons 52 restaurant parking lot but became disabled after driving over a four-foot retaining wall.
The patrol car’s dashcam video showed Samuels exiting his vehicle and approaching the Juke.
Samuels testified he drew his gun when he observed Wiley appear to reach for something in the center console. Seconds later, Wiley fired multiple gunshots at Samuels who quickly moved to take cover behind an SUV as he returned fire. Wiley fell to the ground.
As Upper Merion police officers began rendering aid to an agitated Wiley, he stated, “just kill me” and “shoot me in the head,” according to testimony.
Multiple witnesses also recounted to detectives that Wiley fired upon Samuels, who then returned fire to stop the threat, according to testimony.
Wiley was transported to Paoli Hospital for treatment of the non-life-threatening injuries to his thigh and ankle.
A ghost gun, an unbranded 9mm Glock-type firearm with no serial number, was found on the ground next to Wiley.
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