A Yardley Borough man was sentenced earlier this week for his life-threatening actions on the morning of August 18, 2021 when he opened fire on two members of law enforcement, triggering a massive police response.
During a several hours-long court hearing Monday, Bucks County Court of Common Pleas Judge Wallace Bateman sentenced Colin Frank Petroziello, 25, to 15 to 30 years in state prison, 15 years of state probation after, and ordered him to pay more than $43,000 in restitution.
Bateman said he was going to recommend Petroziello serve his time in state custody in a facility with a mental health unit or hospital to treat his numerous issues.
About two dozen of Petroziello’s relatives came to support the man, while at least 100 members from Pennsylvania and New Jersey law enforcement agencies sat in court to support their peers who were shot at.
In the August 2021 shooting, Yardley Borough police Chief Joe Kelly suffered shotgun blast injuries to his left hand and one ear and Bucks County Adult Probation and Parole Department Officer Christina Viviano, who was standing next to Kelly, narrowly escaped being struck by buckshot, authorities said.
Last September, Petroziello pleaded no contest while mentally ill to attempted homicide of a law enforcement officer, two counts of attempted murder, six counts of aggravated assault, and one count each of assault of a law enforcement officer, persons not to possess a firearm, false imprisonment, recklessly endangering another person, and possession of an instrument of crime.
A no contest plea, also known as a nolo contendere plea, is when a defendant waives a trial, doesn’t contest the charges, and is willing to accept punishment at sentencing. The plea does not mean the defendant is admitting guilt.
First Assistant District Attorney Jennifer Schorn said in court Monday that Kelly and Viviano exhibited “heroism” during the incident and risked their lives to protect the community.
Schorn said Petroziello was under the influence and dealing with severe mental illness when the shooting happened, but she noted he has refused to take full responsibility and apologize for the shooting that altered the lives of Kelly, Viviano, their loved ones, and those they work with.
Credit: Bucks County District Attorney’s Office
A bit after those statements were made in court, Petroziello made a public apology to the officers he shot at.
“It should have never happened,” Petroziello said.
Petroziello’s parents and his attorney, Charles Peruto, told the judge about the severe mental illness and bullying the 25-year-old man experienced throughout his life.
Viviano took to the stand to tell the court how the incident impacted her. In an emotional statement, she said Petroziello’s family in court and in media interviews made “excuses” for his behavior.
After knocking on close to 10,000 doors in her career as a probation officer, Viviano has never experienced a situation like the one that happened on August 18, 2021, she said.
Viviano only was handling Petroziello’s case to fill in for another officer. She had never met Petroziello or even been to Yardley Borough, she said.
As she heard arguing inside Petroziello’s condo in Yardley Borough, she radioed for assistance, a call which was quickly answered by Kelly.
As Kelly arrived and knocked on the door with Viviano, announcing law enforcement was outside, the shotgun blast tore through the door, lodging buckshot and bits of the door into Kelly and narrowingly missing Viviano, according to authorities.
“God sent me who I needed in that moment,” Viviano said of Kelly’s handling of the shooting.
“You were shot and still performed your job with integrity and skill,” Viviano said of the chief.
Viviano starkly told the court: “Make no mistake: [Petroziello] tried to kill me and Chief Kelly.”
The probation and parole officer said the event has left her with an aversion to loud noises and in intensive therapy.
“I am ready to move forward with my life and move forward from this nightmare,” she said.
Shorn commended Kelly for securing the scene until more officers arrived and for providing clear information before he was taken to St. Mary Medical Center in Middletown Township for treatment and surgery.
Kelly relayed the version of events from his point of view, and noted he has become close to Viviano since going through the traumatic event.
The chief, a career lawman who previously worked with the New Jersey Transit Police, called Monday a “day to exercise justice and get closure.”
Kelly told the court the injury to his hand and graze wound to his head were traumatic to him and his family and have caused him great physical pain. The chief said he regularly looks down at a finger deformed by the shotgun fragments and thinks about the shooting.
Elizabeth Kelly, the teenager daughter of the chief, said the incident “completely tore me apart.”
She added: “This wasn’t a nightmare, but it was real life.”
The chief’s daughter relayed the worry and fear she felt when the incident happened, which was during school, and the impacts it has had after.
“It is a day I simply no longer want to relive,” she said.
Petroziello’s mom, Ann, told the court she didn’t know her son had firearms in the condo where he lived and she did her best to help authorities. She said her son at one point put a handgun in his mouth and she worried he was going to hurt himself or more people.
“I don’t want to hurt you, but today is the day you’re going to watch your son die,” Petroziello reportedly said to his mother multiple times before she was rescued by a tactical team with a military-grade armored truck.
Petroziello’s mom said her son was frantic and believed there were “men with guns” waiting in the bushes to get him, and that was before police arrived.
His mother disputed that her son was intoxicated at the time and only drank four large cans of beer after he shot at the chief and probation officer.
The prosecution and Petroziello’s mom and dad differed on some facts during court. Shorn pushed during cross examination on whether Petroziello previously had a gun when he lived in Levittown in 2019. The family said they weren’t sure if it was real and disposed of it, having no reason to believe he had weapons in 2021.
“We didn’t see this coming,” Petroziello’s mom told the judge.
Petroziello’s dad, Guy, told the court his son began exhibiting issues as a young boy and they did their best to get him help.
The court heard that Petroziello had ADHD, autism, bipolar disorder, anxiety, depression, and had heard ghosts and voices in his head.
Shorn noted a temporary protection from abuse order was taken out against Petroziello by family in Levittown in recent years and police had been called due to outbursts he had in the past.
Petroziello’s dad painted his son as having a good spirit but a troubled mind.
Shorn said Petroziello’s mom declined an attempt by investigators to speak with them following the standoff where tactical officers arrested the man as he slept on the dining room floor after the shooting. He had a handgun on him.
Petroziello’s attorney argued that his client’s mother had spoken with an officer following the standoff and submitted a statement. Shorn said Petroziello’s mom didn’t talk with county detectives, but an officer on the scene the day of the incident compiled notes he took after speaking with the mother.
Shorn went through Petroziello’s troubles in the county’s juvenile justice system, mentioned his police interactions in Bucks County as an adult, and brought up a DUI arrest in Philadelphia.
Before he was sentenced, Petroziello told the court: “I wish I was able to have known what was going on that day, and I wish I could take back the damage that day.”
Shorn told the judge more than 300 officers from Bucks County and New Jersey responded to assist with the shooting and standoff. She said the crime impacted all of Yardley Borough and led to a nearby daycare being put into lockdown.
“The public is not safe with him out in the community,” she said.
Bateman, the judge, acknowledged Petroziello’s mental health challenges and his parents’ efforts to help him. However, he noted the gravity of the shooting that could have killed two members of law enforcement.
The judge called Petroziello an “unlucky kid whose wires were crossed at a young age.” He pointed to the fact the man has few friends and had used drugs and other substances in the past.
Bateman said the sentence was imposed to allow Petroziello to get the treatment he needs and one day get back into society with state probation keeping tabs on him.
The judge acknowledged the “heroic” efforts of Kelly and Viviano during the shooting.
Following the sentencing, Shorn told NewtownPANow.com the handgun Petroziello was found with was reported stolen from Middletown Township in 2019. It was taken from a home only a few blocks from where the man was living, but police were unable to determine who took it. It was not clear how Petroziello obtained the shotgun.
The prosecutor said the Petroziellos’ statements had been “inconsistent,” but they will face no charges.
