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Friday, May 24, 2013 | 2:25 a.m.

Posted: 1:21 p.m. Wednesday, Oct. 17, 2012

Man accused of shooting out window of police cruiser to stand trial

By Maria Miller

CAMBRIA COUNTY, Pa. —


The man who police said shot out the window of a police cruiser last month, before he was shot by a Richland Township police officer, was in court Wednesday.

Kevin McGee told a judge he suffers from panic attacks and depression. His defense attorney talked about his troubled past.

"He had some thoughts that I believe were bothering him that I believe caused him to take this rather extreme action," said Patricia Moore, a Cambria County assistant public defender. "I will be talking to him about those and we certainly need to spend a lot more time on that."

Last week, Cambria County District Attorney Kelly Callihan ruled that the police officer who shot McGee was justified. She made that determination, in part, by reviewing video of the incident recorded by McGee himself.

Police said McGee used a single-shot shotgun when he opened fire at the police cruiser. He never reloaded that gun; he was shot down by police shortly after. But police said they found 15 unused shotgun shells inside McGee's pocket. This was proof, they said, that he was prepared.

When McGee showed up to the Richland Township Municipal Building Sept. 13, investigators said he was wearing a small camera that captured everything. That video was played in court Wednesday. It shows McGee pulling out a shotgun and shooting the window of a police cruiser. Then, seconds later, there's another shot heard and McGee goes down.

"The testimony of the officers, the video that was played today, all supported the charges that were filed," said Forrest Fordham, assistant district attorney.

Richland Township police Officer John Lucas said he shot McGee through a window after he said McGee failed to lower his weapon and instead aimed it at him and another officer.

"(Lucas) did a very exemplary job," said Fordham. "Not only was he in a life-threatening situation, but he also had the presence of mind to protect the public by not having to have fired a second shot at the defendant."

After the shooting the video captures police asking McGee what he was thinking. McGee responds saying, "I was thinking I own this planet."

Moore told 6 News he was clearly troubled and confused, but said he has never mentioned wanting to hurt an officer.

"Mr. McGee actually had a single-shot shotgun, he didn't reload, he didn't crack the gun or open it," said Moore. "There was no testimony that he tried to reload"

On Wednesday she argued the charge of attempted homicide be dropped.

"He did not target the building where the officers were. He didn't try and shoot at the officers. So, in fact, the criminal attempted homicide (charge), trying to kill the officers, should be dropped," said Moore. "That wasn't the case here at all, I felt from the testimony."

In an interview at the hospital the day after the shooting, state police said McGee told them it was all an act of desperation. He said the world wasn't working for him and he was hoping he could receive some recognition, possibly even use the video for a movie trailer someday.

McGee's charges were bound over for trial.

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