Quakertown Police cleared of wrongdoing during clash with student protesters

QUAKERTOWN, Pa. - Quakertown Police officers acted with "restraint" during a clash with student protesters in February, even though "a higher level of force was justified," a newly-released after-action report concluded.

Quakertown police investigated for student protest

What we know:

The Police Chiefs' Association of Bucks County released their report on Thursday, detailing Quakertown police officers' response during a student-led anti-ICE protest that turned violent on Feb. 20.

The panel, consisting of four police chiefs from other Bucks County jurisdictions, analyzed officers' tactics and use of force that day, and ultimately concluded that their actions were "within police policy."

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The backstory:

Five students were arrested and charged after the protest on Feb. 20. 

Several dozen Quakerstown High School students walked out that day as part of a planned protest against Immigration and Customs Enforcement. Quakertown police were informed in advance and agreed to provide a presence for security, the school district said. 

But, shortly into the march, police said protesters became "unruly." Some blocked traffic, officers said, and others attacked and threw ice balls at cars.

Report claims police chief was victim

What they're saying:

Police said they warned the students several times, before Quakertown Police Chief Scott McElree moved in to arrest some of the protesters. McElree had come under fire following the protest, after images of him from that day appeared to show him putting a student in a chokehold. Several community members called for McElree's suspension.

But, the after-action report concluded, "Chief McElree was the victim that day." 

According to police accounts, when McElree tried to arrest a protester, students attacked him, punching him as he fell to the ground. Officers called it "a violent, somewhat coordinated attack," and said that McElree would have been justified in using more force, like tear gas or a taser.

The report also refuted the image of the alleged chokehold, saying that it was a still frame taken out of context from a short video clip, and "did not rise to the level of an attempted chokehold."

Students said they didn't know chief was law enforcement

The other side:

Shortly after the protest, several students said they did not know McElree was law enforcement because he was in plain clothes, and pulled up to the crowd in an unmarked vehicle.

"I was confused, everyone was confused, because nobody knew it was a policeman, he was in regular clothes, we were just like, why is this man attacking us?" said Ashley Orellana, a senior who attended the protest.

Donald Souders, who represents a 16-year-old charged with aggravated assault, said,

"None of these juveniles that were there, charged or otherwise, knew or had any reasonable reason that this alleged victim was a police officer. He didn’t show up in a marked police car. I don’t believe he was on duty, he was wearing plain clothes, he didn’t have any badge or identification on hand, didn’t have a weapon, a handgun or anything like that."

The Police Chiefs' Association report did concede that McElree "was not clearly identifiable as a police officer on that day," and recommended all plainclothes officers to have some sort of easily-identifiable marking showing that they are with law enforcement.