EASTON -- The Northampton County district attorney says troopers had every right to shoot back at the man who opened fire last week on Route 33 during a traffic stop.
During a news conference, Northampton County District Attorney John Morganelli went over details of last week's shooting on Route 33 near Nazareth.
The D.A. says both Cpl. Seth Kelly and Trooper Ryan Seiple had every right to fire back at Daniel Clary, 22, of Effort in Monroe County, after he opened fire last week during a traffic stop that turned violent.
Police say Clary was pulled over for speeding. After fighting with officers and freeing himself from their restraint, Clary grabbed a gun and fired it at troopers.
"I am not going to have police officers in fear that they will be prosecuted when a situation, someone looks like they are reaching for a gun," Morganelli said. "I am going to say that police officers have a right to use deadly force and we are not going to have dead police officers or seriously injured police officers because they have to wait for the moment they are shot."
After it was found he may have been under the influence, Clary and the troopers began physically fighting on the side of the road.
Clary was able to free himself from their restraint and grabbed a gun and fired it at troopers.
Both troopers were able to shoot back but Clary managed to get to his car and drive to a hospital.
Cpl. Seth Kelly was severely injured and is still recovering from the shooting.
The district attorney says both troopers had every right to fire back at Clary and says their use of deadly force is justified and no charges will be filed against them.
"Watching this individual resist arrest, try to grab the trooper's gun, tried all types of force, taser, physical restraint to try and keep this guy from leaving, he refused, reaches for a gun, pulls a gun out and they have every right to use force," Morganelli said.
The district attorney says there are no plans to release the dash cam footage of the incident yet. It is being used as evidence.
Daniel Clary's preliminary hearing is scheduled for next Tuesday at the Northampton County Courthouse.