No charges for New Hope officer who used weapon instead of stun gun

NEW HOPE, Pa. (FOX 29) - A police officer who mistakenly pulled his weapon rather than his stun gun won't face charges for shooting a man in police custody.

Bucks County District Attorney Matthew Weintraub says last month's shooting was an accident.

The officer shot 38-year-old Brian Riling during a scuffle inside a holding cell at the New Hope Police Department.

Weintraub says as the officer struggled with Riling, he yelled "Taser!" as a warning, but mistakenly drew his gun and shot him in the stomach. Riling was in critical condition but has been released from the hospital.

"After careful consideration, I have determined that [the officer's] shooting of arrestee Brian Riling on March 3, 2019, was neither justified, nor criminal, but was excused," Weintraub wrote in a letter to New Hope Police Chief Michael Cummings.

Riling was in police custody after an arrest earlier that day on intimidation charges.

The Associated Press contributed to this report.