Trial begins for man charged with attempted murder of Upper Merion police officer during shooting at King of Prussia Mall

NORRISTOWN — A Philadelphia man intended to kill an Upper Merion police officer when he fired multiple gunshots at the officer during an incident outside the King of Prussia Mall during the height of the busy Christmas shopping season last year, Montgomery County’s top prosecutor argued to a jury.

“The defendant opens his car door, looks at the officer, gets his gun, points it at the officer and starts firing. The defendant fired first. This happened again, again, again, again, again and again. You’re going to see the officer’s reaction to being fired upon,” District Attorney Kevin R. Steele argued during his opening statement to jurors as the attempted murder trial of Andrew Wiley got under way on Monday.

Prosecutorial evidence included police dashcam video that captured the Dec. 18, 2022, shooting incident at the busy retail complex. County Detective Marc Azeff narrated as real time and slow motion versions of the footage were played for jurors on a large projection screen in the courtroom.

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 2:30 p.m. incident during which he allegedly fired six gunshots at Upper Merion Police Corporal Scott Samuels.

Samuels was not injured during the incident.

Wiley sustained non-life-threatening gunshot wounds to his thigh and ankle after Samuels returned gunfire.

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

One woman from central Pennsylvania who had just dined at the Season 52 restaurant testified, “It’s like the shootout at the O.K. Corral.”

“It was a volley of shots. It was frightening,” said the woman who had been standing with a friend near her vehicle on a parking lot as the shots rang out.

Defense lawyer Benjamin Cooper argued Wiley did not intend to kill a police officer and instead wanted to die at the hands of police.

“His intention was to get killed. That’s what he wanted. He wanted to get killed. This was not a set up to kill an officer. It was my client’s action to set up himself to be killed because he was going through extreme mental issues. He was extremely, extremely down. His intention was to cause havoc upon himself,” Cooper argued during his opening statement to the jury.

Cooper suggested jurors should acquit Wiley of the charges of attempted murder and aggravated assault of a law enforcement officer.

The trial before Judge William R. Carpenter is expected to last several days.

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 Seasons 52 parking lot. Authorities said the officer fired his weapon at Wiley, striking him and stopping the threat to the officer as well as to innocent bystanders.

Samuels recalled the harrowing situation when he testified on Monday.

“He was firing the gun. I heard a volley of gunshots. It happened really quickly. He was shooting right at me,” said Samuels, describing for the jury how he ducked for cover behind another parked vehicle and returned fire.

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 got out of the Juke and 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.

Multiple fired cartridge casings were recovered at the scene.

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