HONESDALE -- State troopers fired 39 times when they shot and killed a National Guardsman last month, according to the Wayne County district attorney.
Three state police troopers shot at Derek DeGroat a total of 39 times, with 11 of those bullets hitting him.
A coroner's report showed DeGroat was shot both in the front and the back.
Derek DeGroat's family came to the Wayne County Courthouse Thursday morning to hear the district attorney's ruling on last month's shooting.
They wore orange shirts with the number 11, indicating how many times he was shot. They believe that number is excessive, especially considering DeGroat's guns were not loaded.
At the news conference, Wayne County District Attorney Janine Edwards ruled state police were justified in shooting and killing DeGroat on the night of December 21 at his home in Canaan Township, near Waymart. She called it a case of "suicide by cop."
"Corporal Derek Felsmen, Trooper Derek Ast, and Corporal Michael Oakes were in reasonable fear of their lives and the lives of others when Mr. DeGroat swiped a long gun in his left hand at the troopers," Edwards said.
The D.A. explained on the night of December 21 at DeGroat's home near Waymart, his girlfriend and his sister called 911 frantic, telling the emergency operator DeGroat had a gun.
"She also stated in that call, 'if I don't hang up, he is going to shoot us or himself.'"
The D.A. says when officers arrived, DeGroat had three guns, a machete, and a hatchet.
An autopsy showed his blood alcohol level was more than twice the legal limit.
The D.A. said troopers told him to put the gun down 17 times, and that dash cam video shows DeGroat raised his gun and said, "just [expletive] do it!"
"17 times it can be heard, 'put your weapons down,' by the Pennsylvania State Police," said Edwards.
"Oh, it's definitely not over," said Derek's father Michael DeGroat. "We are going to pursue this until we get justice for Derek. We want to get Derek's Law passed so this doesn't happen to another son."
State police told us they will not release dash cam video of the shooting, unless they are subpoenaed.
DeGroat's family wants to see the video and plans to take legal action to get it.