The district attorney says there is no question most of the shots were fired from police officers, but it was the teens' gunfire that triggered the tragedy.
Sixteen-year-old Angelo "AJ" Ford of Sharon Hill has been charged with first-degree murder. Investigators allege Ford and 18-year-old Hasein Strand, of Collingdale, got into an argument at the Academy Park High School game on August 27.
According to District Attorney Jack Stollsteimer, the two "exchanged multiple gunshots with each other" outside as spectators were leaving the game, wounding one person caught in the crossfire.
Authorities have said that three Sharon Hill officers were positioned opposite the exit, and as the gunfire broke out a car turned onto the street directly in front of them.
The gunfire and the movement of the vehicle "precipitated responsive gunfire" from the officers, and ballistics analysis had "concluded with near certainty" that their fire hit four of the five victims in the crowd, including 8-year-old Fanta Bility, Stollsteimer said earlier. Final forensic reports are awaited.
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"Under the laws of this commonwealth, my office has determined that (the defendants) should both be held criminally liable for the murder of Fanta Bility, as well as for the wounding of all of the bystanders," Stollsteimer said.
The attorney for Fanta Bility's family, former longtime Montgomery County District Attorney Bruce Castor weighed in on the new charges.
"The DA is gonna have a tough time in a transferred intent case charging these fellas with first-degree murder," said Castor. "It does not, however, remove the focus from the fact that it was police officers acting recklessly and inappropriately that fired the fatal round that killed Fanta Bility."
Stollsteimer said an investigative grand jury would be seated Nov. 18 to "review the entire case, so that it may be determined whether the police officers' use of deadly force was justified." The lay panel is to hear testimony, compile a report and issue a presentment if charges are warranted.
Sharon Hill has hired a former Philadelphia district attorney to conduct an administrative review of the department's policies and procedures on police use of deadly force.
Ford is being held without bail while an active search is underway for Hasein Strand.
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