The Connecticut Office of Inspector General has found that two police officers were justified when they shot and killed a man who shot two policemen as authorities were trying to carry out a search warrant at an apartment in New Haven in January.
A 31-page report released Friday by Inspector General Eliot Prescott detailed the findings of an investigation into the fatal shooting of 35-year-old Aaron Freeman on Jan. 29. In his report, Prescott said he found that Det. Martin Scanlon of the Waterbury Police Department and Sgt. Joseph Riehl of the West Haven Police Department acted objectively reasonable when they opened fire on Freeman, who was later found dead in a bedroom in the apartment.
“After reviewing the facts revealed by my office’s investigation of this incident, I have determined that both Det. Scanlon and Sgt. Riehl honestly and sincerely believed that Freeman had attempted to kill or inflict serious physical harm on them and/or other officers at the scene,” Prescott wrote. “They also sincerely and honestly believed that it was necessary to use deadly physical force to protect themselves and their fellow officers from serious physical injury or death. Under the totality of the circumstances, the officers’ beliefs were reasonable. Accordingly, their use of deadly physical force was legally justified.”
Prescott’s investigation involved reviewing body camera footage from the police who were involved as well as their statements following the incident. His office was assisted by the Connecticut State Police Central District Major Crime Squad, which processed the scene.
According to the report, members of the DEA Task Force — which includes police from the Waterbury, West Haven and New Haven Police Departments — sought to carry out a search warrant related to narcotics activity at an apartment on Grand Avenue shortly after 5:30 a.m. They also had an arrest warrant for Freeman.
When police banged on the door and shouted “police with a search warrant” multiple times, they got no response and entered the unit using a master key from the landlord, the report said. Once inside, they found a woman near a bedroom door adjacent to the kitchen area. West Haven Officer Robert Rappa’s body camera showed him hand her a piece of clothing and clear her out of the way from the rest of the apartment.
Freeman was then seen standing inside the bedroom near the partially opened door, the report said. Rappa yelled for him to show his hands before gunfire can be heard, his body camera shows.
According to Prescott, Freeman shot Rappa in the calf before the latter took cover in a bathroom while Scanlon took cover in a stairwell leading to the second floor, the report said. At one point Rappa can be heard saying “I’m hit,” the footage shows.
According to Prescott, Scanlon exchanged gunfire with Freeman. Police spent the next few minutes trying to speak with Freeman, asking him if he was hit by gunfire, and ensuring Rappa is doing OK, the footage shows.
“I’m OK, Aaron’s hit,” Scanlon can be heard telling another officer.
Bodycam footage shows gunfire exchange that left two officers shot, suspect dead in New Haven
During the exchange, a man on the second floor with his granddaughter could be heard telling police to make sure “my daughter’s OK.”
“She’s OK,” Scanlon tells him.
The man and his granddaughter were later helped to safety through the second-floor window, according to the report.
“Come on, Aaron, show us your hands,” Scanlon tells him. “Don’t be stupid.”
After about seven minutes of taking cover in the bathroom, Rappa runs toward the front of the apartment, crossing the line of fire from the bedroom where Freeman is in the process, according to the report and footage. As he passed the bedroom, gunfire could be heard before a number of police who have gathered in the apartment retreat outside, the footage shows. No one was hit by the gunfire.
Police then waited for the West Haven Police Department Special Response Team, which had bullet-proof safety shields and rifles, the report said. The team spent about 35 minutes trying to negotiate with Freeman while Scanlon remained trapped inside the apartment, according to the report.
Several members of the team then entered the apartment, including Riehl. As Riehl and others are inside the apartment discussing their plan, gunfire can suddenly be heard, his body camera shows. Riehl then retreats and, as he does, can be heard saying, “I’m hit,” the footage shows.
“Get me out, I’m hit,” he said.
According to Prescott, Riehl was shot in the upper leg by a bullet that went through the bedroom wall where Freeman was barricaded. Prescott said Riehl returned fire as he was retreating. He was then helped out of the unit and given medical attention.
The team then tried communicating with Freeman to peacefully end the standoff, but they got no response from him, according to Prescott. They deployed tear gas into the bedroom and used a drone to enter the room, which showed that Freeman was dead, the report said. Police entered the room and declared him dead at 7:52 a.m.
An autopsy showed that Freeman had suffered a total of seven gunshot wounds, including to his chest, abdomen and both legs. The cause of death was determined to be gunshot wounds to his torso and extremities. A toxicology test showed that he had THC in his system, the report said.
Rappa and Riehl were both treated at area hospitals.
“The officers’ need to use deadly physical force was not precipitated by any of their individual actions,” Prescott wrote in his analysis of the shooting. “The Task Force officers had a general duty to attempt to serve a search warrant for the premises and arrest warrant for Freeman on felony charges.”
“In the simplest terms, Freeman fired repeatedly at Task Force and SRT officers suddenly and without provocation,” Prescott wrote. “The necessity of the use of deadly physical force by Scanlon and Riehl arose from the violent and life-threatening conduct of Freeman. Fortunately, Officer Rappa and Sergeant Riehl have recovered from their injuries.”