According to court filings, a lady who opened fire on Pennsylvania troopers during a standoff in her Dauphin County neighborhood in December claimed that the troopers were violating her constitutional rights by providing refuge to soldiers at her house.
After firing three rounds at state police on December 26 at her residence on the 400 block of Fried Drive in Middle Paxton Township, Samantha L. Atherholt was charged Friday with attempted first-degree murder.
According to state police, Atherholt was shot by a police sniper that day while pointing a gun at troopers. After recovering from a single gunshot wound in the hospital, she was sent to Dauphin County Prison.
According to a probable cause affidavit submitted by state police,
Due to a complaint regarding loud music emanating from a black Mercedes SUV that a guy was driving around the neighborhood, a trooper was sent to Fried Drive. After being confronted, the Mercedes driver pulled up to a house on the 400 block of Fried Drive and entered.
According to court filings, Atherholt yelled for the driver to leave her property while carrying a weapon and sticking her head out of a second-story window when the trooper pulled into the driveway of the house to speak with him.
Atherholt complained about the presence of police at her residence over the phone to Dauphin County dispatch. According to the affidavit, she stated, “I kind of want to fire a warning shot out the window actually,” while speaking with state police at the Harrisburg barracks.
Atherholt then fired one shot out the window, according to court filings. He could hear the shooting over the phone, according to the trooper from the Harrisburg barracks who had been speaking with Atherholt.
After negotiating with the police, two more individuals from the house, including Atherholt’s boyfriend Michael Danilshenko, emerged. According to the affidavit, Atherholt refused to turn herself in. According to state police, they encircled the residence and requested backup. A search warrant for Atherholt’s property was also secured by them.
According to court filings, Atherholt refused to turn herself in despite the Pennsylvania State Police Special Emergency Response Team’s (SERT) arrival and attempts at negotiation.
According to the affidavit, six SERT soldiers started rolling toward the house in an armored vehicle called a BearCat for protection.
According to court filings, Atherholt told troopers that their presence on her property violated her Third Amendment rights after hanging her head out the second-story window once more. State police on a property with a search warrant are exempt from the Third Amendment’s prohibition on soldiers seeking shelter in a residence without the owner’s permission.
The affidavit states that as the BearCat approached the front of the house, Atherholt fired a shot in front of it. According to court filings, she pointed the gun at troopers inside and behind the BearCat after firing two more shots against the armored vehicle.
In court documents, state police stated that the SERT member[s] inside the car thought she was going to shoot them in the face.
According to the affidavit, a SERT sniper fired a single shot that struck Atherholt because he thought his actions were increasing the danger to the police. According to state police, they gave Atherholt emergency assistance.
In two prior criminal cases, including one for assaulting cops and resisting arrest in October, a court revoked Atherholt’s bail during the standoff on Dec. 26.
In certain situations:
According to court records, on October 16, at 8:20 a.m., Corporal Chad Miller of the Lower Paxton Township Police Department, accompanied by two other officers, a detective, and a K-9 partner, arrived at Atherton’s residence in order to serve a warrant related to an August incident. Danilshenko stated she was inside the house after answering the door.
Atherholt refused to leave her home and was discovered in bed by the police. They handcuffed her after forcing her to the ground and placing her arms behind her back. According to the police, Atherholt tried to strike one of the officers in the groin but instead kneed him in the left thigh as they helped her back up on her feet. According to the affidavit, she also kicked the detective in the right knee/shin region.
Atherholt struggled and flailed when cops pulled her to the ground a second time, according to court filings. Police claimed that because she yelled and acted aggressively toward them, they had to bind her legs.
Miller claimed that as they were leaving the house, Atherholt grabbed a decorative wooden object from her and took it from the wall. They grabbed her up and brought her to a patrol car after she attempted to hold herself against the wall as well. Miller claimed that the incident caused his cellphone’s screen protector to break and crack.
Atherholt was accused with criminal mischief, aggravated assault, and resisting arrest. On October 21, she used a bondsman to post $100,000 bail.
Atherholt was charged with criminal mischief and property damage on August 13th, which led to the October event. She flipped couches, knocked over shelves, and yelled inside an Xfinity store located at 5094 Jonestown Road in Lower Paxton Township, according to the Lower Paxton Township Police Department.
Court filings calculated damages at approximately $11,160. For that case, she paid a separate $10,000 bond on October 21. Preliminary hearings for both instances were set for February 6.
Court data available online demonstrate Atherholt is being held without bail at Dauphin County Prison after a judge deemed her a risk to herself and public safety. In addition to attempted murder, she was charged on Friday with aggravated assault and assault of a law enforcement officer.
A preliminary hearing on the new charges is scheduled for Jan. 28 in front of Magisterial District Judge Dale Klein.
This paper was written with assistance from Sue Gleiter and Christine Vendel.
Stories by
Jenna Wise