Three police officers have been charged over the shooting death of eight-year-old Fanta Bility outside a football game, months after two teenagers were initially blamed for the gunfire.
Officers Devon Smith, Sean Dolan and Brian Devaney of Sharon Hill Police Department, Pennsylvania, were each charged with 12 counts, including one count of voluntary manslaughter, one count of involuntary manslaughter and 10 counts of reckless endangerment over the 27 August killing, according to the criminal complaints.
Prosecutors also dropped the first-degree murder charges brought against two teenagers Hasein Strand, 18, and Angelo “AJ” Ford, 16, who police had previously insisted were responsible for the little girl’s death.
Fanta was shot and killed outside Academy Park High School in Sharon Hill as fans were leaving a high school football game back in August.
Prosecutors said the shooting unfolded when Mr Strand and Mr Ford got into a dispute about a block from the stadium and gunfire broke out.
The three officers, who were stationed outside the stadium to monitor the crowd, mistakenly believed a car turning into the road was involved in the gunfire and opened fire on it in “in the direction of” the football field, according to prosecutors.
Fanta, who had gone with her family to cheer on her cousin at the game, was struck in the back with a bullet. She died in her mother’s arms.
Four other people were also wounded in the gunfire, including Fanta’s 13-year-old sister Mamasa.
Controversy has swirled around Fanta’s tragic death ever since as the three police officers who fired the fatal shot were allowed to remain on the force while Mr Strand and Mr Ford were charged with the eight-year-old’s murder.
In November, DA Stollsteimer charged Mr Strand and Mr Ford with first-degree murder, arguing that – while neither of the two teenagers fired the fatal bullet – they were responsible for her death under the principle of transferred intent because their gunfight led the officers to open fire.
The decision divided opinion with an attorney for Fanta’s family Bruce Castor describing the charging of the teenagers as “a gutsy move” and protesters demanding the officers be held accountable.
The officers were placed on administrative leave following the shooting.
A grand jury was impaneled in November to investigate the officers’ use of force, before returning their recommendations that the three officers face criminal charges.
On Tuesday, Delaware County District Attorney Jack Stollsteimer’s office announced in a news release that it had filed the charges recommended by the panel.
In a statement, the DA said that manslaughter charges were “appropriate” rather than murder charges because there was no evidence of malice.
He said that the investigation had shown “beyond a reasonable doubt” that the officers’ gunfire killed Fanta.
“We have now concluded beyond a reasonable doubt that it was, in fact, shots from the officers that struck and killed Fanta Bility and injured three others,” he said.
It is not clear which officer was responsible for firing the bullet that killed Fanta.
The grand jury heard that the state of the bullet meant it was not possible to determine, while none of the officers captured what happened on their bodyworn cameras.
DA Stollsteimer continued to defend his decision to charge the two teenagers while confirming the murder charges had been dropped.
“Relatedly, I am also announcing today that I have directed my office to withdraw murder charges against defendants A.J. Ford and Hasein Strand for their role in the killing of Fanta Bility,” he said.
“While I believe these defendants should be held accountable for starting the series of events that ultimately led to Fanta Bility’s death, developments during the grand jury investigation render it appropriate to withdraw these charges at this time.”
Also on Tuesday, Mr Strand pleaded guilty to aggravated assault and illegal possession of a firearm over the incident.
He faces up to 64 months in state prison and will remain under court supervision until 2030.
Mr Ford is still charged with serious crimes for his attempt to kill Mr Strand.
The DA described the new charges against the officers as a “a big step forward” in achieving justice for Fanta and her family and said he hoped it would “help the community begin to heal”.
“I hope that today’s announcement will help the community begin to heal through the knowledge that all the individuals who fired guns that night are being held accountable for their actions under our laws,” said Stollsteimer.
The little girl’s grieving family welcomed the news of the charges against the officers.
“The Bility family thanks District Attorney Stollsteimer and his staff of investigators and prosecutors for following the evidence and the law in bringing forth these charges today,” said Mr Castor.
“The family appreciates that the District Attorney has kept the family informed at every stage of this investigation.
“From the beginning he assured them that he would seek justice for Fanta, and today’s charges indicate that he’s done exactly that. They made the right call.”
Bail has been set at $500,000 for each of the officers and they are next due in court for a preliminary hearing on 27 January.
