Off-Duty Chief PULLS GUN – Video SPARKS UPROAR

Manheim Township Police Chief Duane Fisher has been placed on paid administrative leave after a video emerged showing him drawing his weapon on a motorcyclist while off-duty and in plainclothes, raising serious questions about proper police procedure and use of force.

At a Glance

  • Video shows Manheim Township Police Chief Duane Fisher, while off-duty and in civilian clothes, drawing his gun during a confrontation with motorcyclist Benny Peña-Rivera
  • Peña-Rivera claims Fisher never identified himself as a police officer until after the confrontation and initially threatened to shoot him
  • Security footage shows Fisher only activated his police lights two minutes after the confrontation began
  • Felony charges against Peña-Rivera were dropped, and he ultimately pleaded guilty to only traffic violations
  • Fisher is currently on paid administrative leave pending an internal investigation

Confrontation Caught on Camera

The incident occurred on April 30, 2025, behind a Wingstop restaurant in Lancaster County, Pennsylvania, where motorcyclist Benny Peña-Rivera was heading to work. Security camera footage captured the confrontation between Peña-Rivera and Chief Fisher, who was wearing civilian attire consisting of shorts, a polo shirt, and regular shoes.

The video shows Fisher drawing his weapon and pinning Peña-Rivera against a wall during what should have been a routine traffic stop. The situation quickly escalated as Fisher allegedly threatened the motorcyclist while holding his gun.

Peña-Rivera initially believed he was the victim of a road rage incident, as Fisher allegedly did not identify himself as a law enforcement officer at the beginning of the encounter. According to witness testimony and video evidence, Fisher only activated his police lights and displayed his badge after being questioned about his identity. This delay in identifying himself as an officer has become a critical point of contention in the case and raises serious concerns about proper police procedure during off-duty encounters.

Conflicting Accounts

The motorcyclist’s account of the incident sharply contradicts the official police narrative. According to the arrest affidavit, Fisher claims he announced his police affiliation and alleges that Peña-Rivera pushed him during the incident before attempting to flee. However, security footage reveals Fisher only activated his vehicle’s emergency lights approximately two minutes after the confrontation began. Peña-Rivera’s manager, Stephen Waters, witnessed part of the incident and has corroborated his employee’s version of events.

Waters, who witnessed part of the confrontation, stated: “It was just absurd. I didn’t know how to react. When I questioned the cop, he did manage to put on his badge. He turned his lights on. And then he called [the traffic stop] in.” The testimony from this independent witness has added significant weight to Peña-Rivera’s version of events and contradicts the official police narrative that Fisher properly identified himself from the beginning of the encounter.

Legal Aftermath

Following the incident, Peña-Rivera was arrested at his home the next day and faced serious charges including felony aggravated assault, resisting arrest, and evading arrest. These charges painted a picture of a suspect who had deliberately assaulted a police officer and attempted to flee from law enforcement. However, as video evidence emerged and witnesses came forward, the prosecution’s case appeared to weaken substantially. Eventually, the most serious charges against Peña-Rivera were dropped.

“While he is slamming me on the electric panel, he still has his gun in his right hand, having it over here, I’m telling him, ‘Don’t shoot me. What’s the reason you’re going to shoot me for?”, Benny Pena-Rivera said.

In the end, Peña-Rivera pleaded guilty to six traffic violations after the more serious charges were either amended or withdrawn completely. This significant reduction in charges has raised questions about whether the initial allegations were appropriate or proportionate to the actual events. Peña-Rivera has been suspended from his job at Wingstop following the incident and has indicated his intention to file a lawsuit over the encounter. Chief Fisher remains on paid administrative leave pending the outcome of an internal investigation.

Official Response

Lancaster County District Attorney Heather Adams has stated that Fisher followed protocol during the incident and declined to investigate his actions. The decision to leave the review to an internal investigation has been met with some criticism, as questions remain about the appropriateness of Fisher’s conduct during the confrontation. Manheim Township officials have confirmed that an internal investigation is underway, but have not provided a timeline for when that investigation might be completed or when a decision regarding Chief Fisher’s employment status might be reached.

“If that video wouldn’t be there, I wouldn’t know what would have happened. I don’t think I would be even talking to you at this point. He didn’t have no lights, he didn’t have no badge, civil attire like just shorts, polo and regular shoes.”, said Benny Peña-Rivera.

The case has drawn significant attention to policies regarding off-duty police conduct, proper identification procedures, and use of force protocols. Law enforcement experts note that the situation highlights the importance of clear policies for officers who choose to enforce laws while off-duty, particularly regarding the proper identification of themselves as police officers before escalating to physical confrontation or drawing weapons.

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