On September 13, 2012 Kevin McGee allegedly opened fire outside the Richland Township Police Department. The 45- year old shot out a cop car window, when officers ordered him to drop the shotgun he allegedly pointed it at them. Officer John Lucas shot McGee in the stomach and was put on administrative leave during the course of the investigation.
Callihan said Officer Lucas had the right to use deadly force.
"There are specific provisions in the law that allows officers to used deadly force when confronted with deadly force," said Callihan. "I found it was justified."
McGee supposedly video taped the entire shooting as it unfolded.
"He had a video recorder he turned on," said Callihan. "We believe he planned out the entire thing."
McGee allegedly was going to the police department that day to confront the officer who arrested him back in February on a drug charge. 25 minutes before the shooting took place that officer left to go to a hearing at the magistrate.
McGee was released from the hospital a week ago and is in the Cambria County Jail.
He's charged with attempted homicide and other related offenses.