Defense attorney Jack McMahon concedes that his client fled from New York City and from Allentown police officers trying to arrest him last month in the Queen City.
But McMahon is dubious about officers’ ability to get out of the way of Joseph Valdez’s speeding car on Jan. 6 and about the estimated 25 shots fired at his client after Valdez allegedly ran down two Allentown officers and left a path of damaged cars in his wake as he sped away from police.
“The last thing he wanted to do was hit an officer,” McMahon said on Wednesday. “Twenty five shots for a guy with no weapon is excessive. … I think it’s an overreaction.”
Following a preliminary hearing on Thursday, Valdez faces trial in Lehigh County on aggravated assault and other charges related to the Allentown incident. That’s in addition to Valdez’s alleged parole violation in New York and allegations he was involved in an attempted homicide in New York City.
3 officers opened fire on shooting suspect who rammed cops, DA says
Valdez remains in Lehigh County Prison in lieu of $750,000 bail and on the parole violation detainer.
Valdez injured his legs during the Jan. 6 incident after he was shot by police in one leg and the bullet traveled through and struck the other leg, McMahon said. The bullet was removed on Monday, Valdez’s family said.
Three Allentown officers were injured. Police Det. Joshua Baker was hit in the thumb by Valdez’s car and officer Jason Ammary was struck in the leg by the vehicle, they each testified on Wednesday. A third officer was injured in the high-speed chase with Valdez.
All three officers were treated and released the day of the incident, police previously said, but Ammary said on Wednesday he may need surgery for damage to his knee.
Prosecutors said police vehicles and officers from the Allentown and New York City police departments, both in uniforms and street clothes, surrounded Valdez Jan. 6 as he was parked in the 600 block of Chew Street in Allentown.
Police were looking to arrest Valdez for an alleged parole violation on a charge of assault with a deadly weapon.
Valdez was a suspect in a shooting at a girl in New York City. On Wednesday McMahon said the shooting involved Valdez’s ex-girlfriend. McMahon doesn’t represent Valdez in that case and police said the arrest on Jan. 6 was not in connection with a warrant for the attempted homicide case.
Baker testified that because of the attempted homicide case, however, police believed Valdez was armed. As officers walked toward Valdez’s car telling him to put his hands up, Valdez ducked down and reached into the car’s center console, the detective said.
Attempted murder suspect shot in Allentown; 3 officers hurt
Valdez “revved” his engine, according to police, and drove at officers Baker and Ammary, witnesses testified.
Three officers opened fire and Valdez was shot, but Valdez kept driving, smashing into a handful of parked cars to escape, authorities said.
Baker and Ammary testified that after Ammary was struck, they each shot at Valdez’s car about eight times. A New York City detective also opened fire, but police were unsure how many times he shot at Valdez.
“Once one shot is fired, it opens the dam,” McMahon said after the hearing.
Valdez only got about three blocks away on Front Street in his badly damaged 2006 Hyundai Sonata, when police say he drove into an alley, abandoned his car and tried to hide by a nearby SUV.
Valdez was arrested and taken to Lehigh Valley Hospital for treatment before being released and charged in the Allentown case.
Valdez was never seen with a gun. Police have never recovered a firearm or a weapon in connection with the Allentown incident, officers testified.
District Attorney Jim Martin gave a preliminary opinion that the discharge of weapons by the officers was justified. A final ruling will be made when the investigation is complete.
Sarah Cassi may be reached at scassi@lehighvalleylive.com. Follow her on Twitter @SarahCassi. Find lehighvalleylive.com on Facebook.
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