Middletown man shot by police after high-speed pursuit sentenced. What the judge ordered

The only person Benjamin Fell said he intended to hurt the day he pointed a weapon at police officers was himself.

In Bucks County courtroom Wednesday, the 22-year-old Middletown man told a judge that he wanted to die and intended to commit “suicide by cop” when he led police on a four-mile, high speed chase in the early morning hours of March 28, 2023.

The pursuit ended with a Falls police officer shooting Fell multiple times after he aimed what turned out to be an CO2 airsoft gun at him, resulting in life-changing injuries including partial left side paralysis.

Fell apologized to the police officers, who attended his hearing Wednesday.

“I really can’t put into words now how sorry I am,” Fell wrote in a letter his attorney read in court. “It was a nasty, selfish thing to do and I thank the officers for saving me.”

Family mourns murdered teen Rumors persist in Bensalem Halloween shooting. Teen victim's family sets record straight

While Fell survived the shooting, he was looking at serving state prison time for three felony and five related misdemeanor charges.

But in a rare move, Bucks County Common Pleas Judge Jeffrey Finley agreed with a negotiated deal that sentenced Fell “well below” the mitigated range after he pleaded guilty to felony charges of aggravated assault, fleeing and eluding and a misdemeanor charge of possession of an instrument of a crime.

Fell will serve 11 1/2 to 23 months in county jail followed by three years of probation. Finley allowed Fell to be paroled after serving the minimum but required he have a mental health evaluation and treatment plan in place.

Finley also ordered him not to possess any BB, airsoft or similar firearm until he completes his court-ordered supervision.

Prosecutor Edward Louka acknowledged that Fell has mental health issues, a “significant” juvenile court record and childhood trauma history, but that the defendant belonged in county jail, not state prison system.

Dr. Kathleen Spillane, the director of St. Mary Rehabilitation Hospital told the court that Fell entered the rehab hospital “a scared, anxious and depressed young man.”

He suffered a stroke as a result of his shooting injuries and entered rehab with a feeding tube, breathing tube and colostomy, Spillane said. He worked hard to recover and learn to walk and perform daily living activities such as eating, dressing and bathing, though he still requires some assistance.

“Ben has been through a tremendous tragedy and trauma,” Spillane said. “I just ask the court to consider that.”

Fell’s grandmother, Janet First, told the judge her grandson’s difficulties started after his mother died when he was 4, and his father remarried. She urged the court to get him the mental health treatment he needs.

“Anything you can do to get this troubled soul back on track to lead a productive life is appreciated,” First said.

Fell’s attorney, David Zellis, said that his client is deeply remorseful, and would benefit from mental health treatment.

“He had no malice toward police,” Zellis said. “He had no malice toward anyone but himself.”

Finley, though, acknowledged that he had reservations about not sending Fell to state prison, noting that the defendant was not the only person harmed by his conduct that night.

There were other drivers on the road who were put at risk for harm, the judge said. Foremost on his mind was the emotional toll on the police officers, who faced what they believed was a firearm pulled on them, then being forced to shoot someone.

The Bucks County District Attorney’s Office found the police officers were justified in their actions.

“Those things take a toll on individuals as well,” Finley said. “I’m struggling with the impact on the officers. That has my stomach turning.”

Reporter Jo Ciavaglia can be reached at jciavaglia@gannett.com

This article originally appeared on Bucks County Courier Times: Middletown man shot by police gets reduced jail time on plea deal