Middletown man shot by police gets reduced prison sentence as a result of settlement

The only person Benjamin Fell wanted to hurt the day he pulled a gun on police officers was himself.

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

The pursuit ended with a Falls Police Officer shooting Fell multiple times after aiming a CO2 airsoft gun at him, resulting in life-changing injuries, including partial paralysis of his left side.

Fell apologized to police officers who attended his hearing Wednesday.

“I really can’t express how sorry I am right now,” Fell wrote in a letter his lawyer read in court. “It was a mean, selfish act and I thank the officers for saving me.”

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Although Fell survived the shooting, he served a prison sentence for three felony counts and five related misdemeanors.

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

Fell will spend 11 1/2 to 23 months in county jail, followed by three years of probation. Finley allowed Fell to be released on probation after serving the minimum sentence, but required him to undergo a psychiatric evaluation and have a treatment plan developed.

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

Prosecutor Edward Louka acknowledged that Fell had mental health issues, a “significant” criminal record as a juvenile and childhood trauma, but that the defendant was in county jail, not state prison.

Dr. Kathleen Spillane, the director of St. Mary Rehabilitation Hospital, told the court that Fell came into the rehabilitation hospital “a frightened, anxious and depressed young man.”

As a result of his gunshot wounds, he suffered a stroke and entered rehab with a feeding tube, breathing tube and colostomy, Spillane said. He worked hard on his recovery, learning to walk and daily activities such as eating, dressing and bathing, although he still needs some help.

“Ben has been through tremendous tragedy and trauma,” Spillane said. “I’m just asking the court to take that into consideration.”

Fell’s grandmother, Janet First, told the judge that her grandson’s troubles began when his mother died when he was four and his father remarried. She urged the court to give him the psychiatric treatment he needs.

“Anything you can do to help get this tormented soul back on track and lead a productive life is welcome,” First said.

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

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

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