(This column first appeared in Broad + Liberty)
A deadly January 24, 2025, car chase and armed standoff at a Bensalem gas station serve as yet another example of how Philadelphia District Attorney Larry Krasner’s policies continue to endanger both law enforcement and the public.
Court records show that the standoff that resulted in the fatal shooting of Zachiry Derrek Kerschner was entirely avoidable, had the Philadelphia District Attorney’s Office followed lawful protocols to properly ensure that repeat offenders on release for recent offenses remain behind bars where the law dictated they should be. Instead, Kerschner, a convicted felon with a history of firearms offenses, was allowed to remain free despite a legally mandated prison sentence.
His unlawful release and subsequent lack of supervision set the stage for the dangerous confrontation that unfolded in neighboring Bucks County, where Philadelphians have relocated to escape the lawlessness of Krasner’s policies.
A Preventable Threat to Public Safety
On the afternoon of January 24, Bensalem Police attempted a routine traffic stop on Kerschner’s vehicle near Route 1 and Old Lincoln Highway. Rather than comply, Kerschner refused to exit the vehicle and declared he was armed and would not return to jail. Over the next 35 minutes, he led law enforcement on a high-speed chase across multiple jurisdictions before barricading himself inside his vehicle at a gas station.
For two hours, officers attempted to de-escalate the situation, deploying negotiation tactics and even involving Kerschner’s loved ones in an attempt to secure his peaceful surrender. Despite these efforts, Kerschner remained defiant, brandishing a firearm and repeatedly stating his refusal to be taken into custody. The standoff ended only when Kerschner pointed a loaded weapon at officers, forcing them to respond with deadly force.
“Anytime officers are required to use deadly force is a tragic situation, and the fatal officer involved shooting in Bensalem Township on January 24, 2025 is no exception.” said William McVey, Bensalem Police Director “However, what is more disturbing is the fact that the deceased, Derrek Kerschner, never should have been on the street that day. Kerschner was a felon, convicted in the City of Philadelphia, for illegally possessing a gun in February of 2024. The fact that he only served three months of his sentence in prison then was released is inexcusable, and due to this failure of justice, Kerschner was back on the streets of Bensalem with two illegal guns in his possession.”
Krasner’s Policies: A Pattern of Negligence
An investigation by Bucks County District Attorney Jennifer Schorn revealed a disturbing chain of events that directly linked Kerschner’s release to policies implemented by DA Larry Krasner’s office.
Kerschner had been arrested in Philadelphia in February 2024 for felony gun possession — a crime that should have resulted in a sentence of at least five years in state prison, according to Pennsylvania sentencing guidelines. Instead, the Philadelphia District Attorney’s Office negotiated a plea agreement that allowed Kerschner to receive an 11.5-to-23-month sentence. Even more egregiously, he was released after serving only three months.
This failure in prosecutorial responsibility meant that Kerschner, who was legally required to be incarcerated on the day of the Bensalem incident, was instead free to commit further crimes. As covered by Broad + Liberty in 2022, Krasner’s office has consistently failed to request hearings to revoke bail and almost never requests the remand of probation, parole, or bail violators back to prison. At the time of his fatal encounter with police, Kerschner was actively violating parole conditions, carrying illegal firearms, and using illicit drugs, which raises the question of why Krasner’s office allowed him to be on the street in the first place.
Systemic Failures and Dangerous Consequences
The investigation into Kerschner’s release highlighted further alarming issues within Philadelphia’s criminal justice system under Krasner. Not only was Kerschner prematurely released, but his parole conditions were woefully inadequate. His court-imposed supervision failed to address his known substance abuse issues, and his electronic monitoring device lacked GPS capabilities. In short, the oversight meant to keep high-risk individuals like Kerschner in check was virtually nonexistent.
Moreover, both the Philadelphia Department of Adult Probation and Parole and Pennsylvania Department of Corrections were found to be severely overburdened, underpaid, undertrained, and without arrest authority for many of its officers – making it impossible to properly supervise repeat offenders independently of a vigilant District Attorney’s office. This reality was well-known, yet Krasner’s office continued to advocate for leniency in sentencing, ignoring the systemic failures that allowed violent criminals to remain at large.
Law Enforcement Left to Clean Up the Mess
The consequences of these policies extend beyond repeat offenders like Kerschner—they directly endanger law enforcement officers who are forced to deal with individuals who should never have been released in the first place. The five officers involved in the Bensalem standoff were placed in immediate, life-threatening danger because of a failure by the Philadelphia District Attorney’s Office to enforce the law as written.
“Everyday law enforcement officers put their lives on the line when they go out and perform their duties.” said McVey “What should have been a simple traffic stop ended in tragedy. Kerschner should have been behind bars that evening, not roaming the streets unsupervised with a gun.”
Schorn rightfully concluded that the officers acted in self-defense and were legally justified in using deadly force. Their actions were consistent with law enforcement best practices, and they exhausted all reasonable means to resolve the situation peacefully. However, these officers should never have been put in such a position to begin with. “It’s a miracle that no officers or innocent civilians lost their lives that evening and I commend our officers for the actions they took to mitigate the risk during a chaotic incident.”
Holding the Philadelphia DA’s Office Accountable
Kerschner’s case is far from an isolated incident — it is emblematic of a broader trend of prosecutorial negligence that has plagued Philadelphia under Larry Krasner’s leadership. His office’s failure to request the remand of repeat offenders and its continued push for lenient sentencing have created a revolving door of criminality, where violent offenders face minimal consequences and return to the streets to commit further crimes.
“Police officers and society deserve to have a justice system that ensures the safety of everyone.” said McVey “Unfortunately, this does not appear to be occurring in Philadelphia, making policing that much more dangerous for the whole region. Allowing convicted, violent felons to serve little to no time only puts everyone at risk.”
The Bensalem standoff serves as a stark reminder that policies designed to reduce incarceration at all costs do not equate to justice. Instead, they jeopardize public safety, burden surrounding jurisdictions, and endanger the very officers tasked with maintaining law and order. If meaningful reform is to occur, there must be accountability for those responsible for creating these dangerous conditions.
As Bucks County has demonstrated, enforcing the law and ensuring that violent criminals remain incarcerated is not just a matter of policy: it is a matter of life and death. Philadelphia’s leadership must recognize the real-world consequences of its prosecutorial decisions before more lives are put at risk.
