Man accused of attempted murder testifies he didn’t intend to kill or harm Upper Merion police officer during shooting at mall

NORRISTOWN — A Philadelphia man told a jury he did not intend to kill or harm an Upper Merion police officer when he fired his ghost gun about five or six times during a chaotic incident outside the King of Prussia Mall during the height of the busy Christmas shopping season last year.

“I was frustrated at the time. I just started shooting. I was startled. I was scared,” Andrew Wiley testified on Tuesday in Montgomery County Court, claiming he was shooting in the direction of a retaining wall and not necessarily at Upper Merion Police Cpl. Scott Samuels during the 2:30 p.m. Dec. 18, 2022, incident.

“I didn’t want to harm anybody. I genuinely do apologize to Officer Samuels. No one deserves that,” Wiley testified under questioning by defense lawyer Benjamin Cooper.

Wiley claimed he was depressed on the day of the incident, was contemplating taking his own life and that he had consumed two glasses of beer and smoked marijuana. Wiley testified he purchased the handgun on the streets of Philadelphia a month earlier for $600 for protection because others had threatened him.

Wiley, 28, faces charges of attempted murder of a law enforcement officer, aggravated assault of a law enforcement officer, aggravated assault, and firearms not to be carried without a license in connection with the incident.

Samuels was not injured during the incident and returned gunfire as he ran for cover.

Wiley sustained non-life-threatening gunshot wounds to his thigh and ankle during the incident.

Earlier this year, an independent investigation conducted by members of the county detective bureau determined Samuels acted with a “lawful use of force” when he discharged his weapon and shot and wounded an armed Wiley after Wiley fired gunshots at the officer in the parking lot of the Seasons 52 restaurant. Authorities said the officer fired his weapon at Wiley, striking him and stopping the threat to the officer as well as to innocent bystanders.

While carefully cross-examining Wiley, Assistant District Attorney Tanner Beck pointed out that Wiley gave inconsistent statements regarding how he suffered the gunshot wounds.

Wiley testified on Tuesday that he had the gun in his hand when he drove his vehicle over a retaining wall and it discharged accidentally, a bullet striking him in the leg. However, during a videotaped statement he gave on Dec. 18 just hours after the incident, and which was played for the jury, Wiley told county Detective Heather Long that he tried to shoot himself in the head and instead shot himself in the leg.

Prosecutors suggested Wiley’s testimony cannot be trusted.

Wiley also is charged with recklessly endangering other persons, including holiday shoppers who were in the vicinity at the time of the shooting.

Cauldon Quinn, a U.S. Navy veteran who served as a logistics officer, testified he was in his vehicle in the area of the mall with his two sons when he witnessed the shooting incident. Quinn testified Wiley fired his weapon first at the police officer, who then returned fire.

“It was very clear he (Wiley) pointed at the movement of the police officer,” Quinn testified, describing hearing a “pop, pop, pop” sound.

During the trial, District Attorney Kevin R. Steele and Beck argued Wiley intended to kill Samuels when he fired multiple gunshots at Samuels during the incident.

Prosecutorial evidence included police dashcam video that captured the shooting at the busy retail complex. Detectives testified multiple fired cartridge casings were recovered at the scene.

Cooper has argued Wiley did not intend to kill a police officer and instead wanted to die at the hands of police. Cooper suggested Wiley was experiencing “extreme mental issues” at the time of the incident.

Cooper, on behalf of Wiley, is seeking an acquittal of the charges of attempted murder and aggravated assault of a law enforcement officer.

The jury is expected to hear the closing statements of the lawyers on Wednesday and receive legal instructions from Judge William R. Carpenter before beginning deliberations.

The investigation began about 2:30 p.m. on the Sunday before Christmas when a hit-and-run crash in the King of Prussia Mall area involving a red Nissan Juke operated by Wiley was reported to police. An Upper Merion bicycle officer located the striking Nissan Juke parked in a mall parking garage, with Wiley attempting to hide in the vehicle, according to court papers.

Wiley started the vehicle and fled toward the mall’s Gulph Road exit but became stuck in traffic, detectives alleged. As Samuels’ marked patrol car with its lights activated pulled behind the Nissan Juke, the vehicle jumped a curb and Wiley attempted to escape through the Seasons 52 restaurant parking lot but became disabled after driving over a four-foot retaining wall.

The patrol car’s dashcam video showed Samuels exiting his vehicle and approaching the Juke.

Samuels testified he drew his gun when he observed Wiley appear to reach for something in the center console. Seconds later, Wiley fired multiple gunshots at Samuels who quickly moved to take cover behind an SUV as he returned fire. Wiley fell to the ground.

As Upper Merion police officers began rendering aid to an agitated Wiley, he stated, “just kill me” and “shoot me in the head,” according to testimony.

Multiple witnesses also recounted to detectives that Wiley fired upon Samuels, who then returned fire to stop the threat, according to testimony.

Wiley was transported to Paoli Hospital for treatment of the non-life-threatening injuries to his thigh and ankle.

A ghost gun, an unbranded 9mm Glock-type firearm with no serial number, was found on the ground next to Wiley.