FOR IMMEDIATE RELEASE
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BALTIMORE, MD – Today, Attorney General Anthony G. Brown announced his decision not to seek charges in the July 12, 2026, fatal police-involved shooting that occurred in Gaithersburg, Montgomery County, Maryland.
On Sunday, July 12, 2026, at 6:47 p.m., the Montgomery County Police Department (MCPD) received a 911 call reporting that a man was loading a firearm at a bus stop in the 9600 block of Lost Knife Road in Gaithersburg. The caller provided a physical description of the man that was broadcast to officers approximately one minute later. Officers with the Gaithersburg Police Department (GPD) and MCPD responded to the scene. Among the responding officers were the subject officers: GPD Sergeant Christopher Leach, GPD Officers Carissa Fortin and Noah Whelan, and MCPD Officers Robert Bullock, Andrew Hanko, and Michael Wengloski.
Sgt. Leach and a GPD witness officer were the first to arrive and they encountered a man matching the description provided by dispatch sitting on a bench at the bus stop. They approached the man, who was later identified as Elliott Powers. Sgt. Leach asked Powers to show his hands. In response, Powers drew a 9mm handgun from a backpack on the bench next to him. Sgt. Leach and the GPD witness officer backed away, drew their service firearms, and repeatedly ordered Powers to drop the handgun. Powers did not comply. Powers chambered a live round by racking the handgun’s slide. Powers told officers that he would not drop the gun, and that officers would have to kill him. Sgt. Leach and the GPD witness officer took cover.
Additional officers arrived on scene, and a horseshoe-shaped perimeter was established in front of the bus stop. Sgt. Leach requested a negotiator and directed the witness officers to temporarily move away from Powers in an effort to de-escalate the situation. Officers continued attempts to verbally de-escalate the situation while other officers developed a plan to evacuate the immediate shopping center area. When officers moved to begin the evacuation, Powers raised his handgun in the direction of the officers. Officers responded by discharging their firearms, striking Powers multiple times. Officers secured the handgun and began providing medical aid to Powers until emergency medical services (EMS) arrived and took over care. Powers was pronounced dead on scene. No officers were injured during the incident.
The Attorney General’s Independent Investigations Division (IID) began investigating the fatal police-involved shooting on Sunday, July 12, 2026, and concluded its investigation on August 31, 2026. After completing its investigation and evaluating all the available evidence, the Office of the Attorney General has determined that the subject officers did not commit a crime under Maryland law. Accordingly, the Attorney General has declined to prosecute the subject officers in this case.
A copy of the IID’s detailed investigative findings and analysis of relevant legal issues can be found in its declination report.
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