The Virginia State Police Bureau of Criminal Investigations is investigating an incident involving the discharge of an officer’s service weapon by an officer of the Berryville Police Department. In accordance with Berryville Police Department policy, the Virginia State Police Bureau of Criminal Investigations was called to the scene to investigate the incident.
On the evening of April 20, 2011, units of the Berryville Police Department were summonsed to the 100 block of West Main Street in the area of the Subway restaurant in the town of Berryville, Virginia. The initial call reported that a stabbing which had occurred. Upon arriving on the scene, Berryville Police Officer Daniel Morozewicz observed 2 male subjects in the parking lot area of the Subway resturant. One of the male subjects, later identified as Jason McCarty, age 35, of Berryville, had suffered an injury to his arm or hand and was bleeding. Officer Morozewicz also observed that a second male, later identified as William Tommy Painter, age 58, of Berryville. Mr. Painter was standing at the edge of the parking lot and rear driveway of the property located at 116 W. Main St. Officer Morozewicz stated that Mr. Painter appeared to be enraged, with clenched fists, and possibly under the influence of alcohol or drugs. Upon making these observations, Officer Morozewicz approached Mr. Painter and he attempted to flee from Officer Morozewicz towards the rear porch area of 116 W. Main St. Officer Morozewicz gave chase and caught up with Mr. Painter in the rear porch area of the residence. Mr. Painter had obtained a metal object and began striking Officer Morozewicz in the upper body causing him to retreat. In self defense, Officer Morozewicz drew his issued firearm and discharged a single round. Mr. Painter was not struck by the bullet. Mr. Painter initially fell to the ground, but then regained his stance and struggled with several other officers that had arrived as backup. Officers had to utilize chemical and impact weapons in order to take Mr. Painter into custody. Officer Morozewicz sustained visible injuries to his forearm which did not require medical treatment. Mr. Painter was treated on the scene for minor injuries not associated with the discharge of the service weapon.
Mr. Painter was charged with Felony Assault and Battery of a Law Enforcemnet Officer by the Berryville Police Department and has been released on a $5000.00 secured bond.
Jason McCarty received medical attention at Urgent Care were he was treated and was released on the date of the incident.
Officer Morozewicz has been reassigned to administrative duties since the incident in compliance with the policy of the Berryville Police Department.
The investigation into the incident is still active and no further information is available for release at this time.