Facing Gun, Officer Fired First

According to a newly released police report, the officer who exchanged shots with a fleeing suspect in the Hill in January fired the first bullet — after the suspect responded to orders to stop and raise his hands by pointing a gun at the officer instead.

After the officer shot first, the suspect returned gunfire of his own. To which the officer responded with another volley of shots, leaving the suspect with a gunshot wound to the pelvis.

Those blow-by-blow details emerge in an arrest warrant affidavit related to the latest charges filed against Marcus Rivera, a 22-year-old New Havener who allegedly fled from the police and exchanged gunshots with Det. Francisco Sanchez in Kimberly Square on Jan. 8. The affidavit for the first time presents Sanchez’s account of the incident

On Feb. 18, State Det. Michael Beauton filed a fourth application for an arrest warrant for Rivera. State Superior Court Judge Patrick Clifford signed the warrant application the next day.

Beauton’s affidavit, which had previously been sealed, was released Wednesday

It provides new details on the January chase and shootout based on a written statement by Sanchez, an in-person interview with Rivera, interviews with neighborhood witnesses, a review of surveillance camera footage from the scene, and a review of hundreds of pages of medical records related to Rivera’s treatment for a gunshot wound to the pelvis.

All in all, the 10-page arrest warrant affidavit reveals that Det. Sanchez fired first at Rivera.

That came only after Sanchez and a half-dozen other city officers chased Rivera, whom they believed to be armed and selling drugs in the neighborhood, on foot down Kimberly Avenue, according to the affidavit.

Sanchez wrestled with Rivera in a Greenwich Avenue driveway, striking him once and continually shouting at him to stop fleeing and to raise his hands.

When Rivera did raise his hands, according to Sanchez, Rivera pointed a gun at the detective. The detective responded by shooting at Rivera. Rivera then shot back. The detective then shot again. During the exchange of fire, Rivera was hit in the pelvis. Sanchez escaped unscathed.

“He had a gun pulled on him,” Asst. Chief Herb Johnson said Wednesday when asked about Sanchez firing first. ​“In defense of his life, he fired.”

Johnson said the warrant outlining the state’s investigation into the shooting speaks for itself: the officer was presented with an imminent threat to his life by an armed suspect brandishing a gun, and so he shot.

“When you’ve got a gun pointed at you,” he continued, ​“it’s either your life or theirs. We have to go home at night to our families, too.”

Sanchez has returned to active duty after serving administrative duty, which officers routinely do after being involved in gun-related incidents.

Heroin Habit

According to the affidavit, Rivera later told the cops that he was high on heroin and cocaine during the chase. And that he has consumed up to four bags of heroin a day for over a year to cope with the trauma of having been raped.

That admission also came amidst a string of assertions that Rivera gave to city police, state police, and medical providers on Jan. 8 that contradict facts established by state detectives based on all of the evidence they’ve gathered in their two months of investigating the incident.

The new warrant charges Rivera with a slew of new alleged crimes related to the Jan. 8 incident, including felony counts of attempting to commit first-degree assault, first-degree burglary, and assault of an officer, as well as felony counts of tampering with evidence and possessing narcotics with the intent to sell. The new charges come with a new $500,000 bail bond.

That’s on top of a felony count of carrying a pistol without a permit and a $750,000 bail bond also related to the Jan. 8 incident, as well as two more felony counts and a $200,000 bail bond related to Rivera’s alleged shooting of a woman during a drug turf-related dispute in Cedar Hill on Dec. 19, 2018, and a handful of other misdemeanors and a $25,000 bail bond related to his alleged fleeing from state police after a traffic stop on Dec. 20, 2018.

Rivera has pleaded not guilty to the initial charge of carrying a pistol without a permit on Jan. 8. A request to interview him was not granted.

Affidavit, Unsealed

In the recently unsealed affidavit, Beauton began by writing that police suspected Rivera of previously shooting a woman in New Haven on Dec. 19, 2018. That’s why detectives were looking for him.

“New Haven Police were also able to ascertain that the weapon Rivera was suspected of using” on Dec. 19, Beauton wrote, ​“was a .380 Caliber handgun.” That very same gun would figure prominently in the subsequent Jan. 8 incident.

On Dec. 20, Beauton wrote, Rivera led state troopers on a high speed car chase after he was stopped for making a left-hand turn from the center lane in West Haven. He got away.

Then on Tuesday, Jan. 8, detectives in the city police force’s intelligence unit received information that Rivera was selling drugs and carrying a firearm in the area of Hurlburt Street and Washington Avenue in the Hill. Lt. Karl Jacobson, Sgt. Roy Davis, Det. Francisco Sanchez, Det. Thomas Glynn, Officer Allan Wright, and Officer Joseph Galvan headed to the area to try to locate and apprehend Rivera.

“All personnel had been provided with an up to date photograph of Rivera to include a tattoo located on his left hand,” Beauton wrote. ​“These photographs were disseminated by the Connecticut Intelligence Center (CTIC) on a statewide bulletin.”

In the late afternoon, Galvan observed Rivera riding a bicycle near Kimberly Triangle. As Rivera parked his bike near the Sam’s Food Store at 14 Kimberly Ave., city cops observed from a distance. Rivera was waring jeans, a gray hooded sweatshirt, and a black jacket with a furry hood. Sgt. Davis reported that the police ​“visually confirmed the individual to be Rivera as he looked in the direction of one of their undercover police vehicles.”

After Rivera walked into Sam’s, Jacobson and Davis and other city officers in their unit exited their undercover police vehicles. The plainclothes officers were wearing ballistic vests marked with ​“POLICE” in yellow lettering. The officers also announced themselves as police as they exited their vehicles.

“Rivera observed the officers approaching the front door of the store,” Beauton wrote, ​“and likely heard their verbal pronouncements, as he subsequently fled out the back door of the Sam’s Food Store.”

Davis, Jacobson, and Glynn chased Rivera on foot. During the chase, officers shouted, ​“Stop police!” And ​“Freeze police!”

Sanchez’s Account

According to Sanchez’s written statement on the case, the detective observed Rivera fleeing on foot down Kimberly Avenue towards Greenwich Avenue while being pursued by Glynn, who was also on foot.

Sanchez, who was also wearing a double-sided ​“POLICE” ballistic vest, exited his undercover police vehicle and joined the foot chase. While he ran after Rivera, Sanchez shouted orders for the suspect to stop running and to show his hands.

“Detective Sanchez being aware of the earlier disseminated CTIC bulletin,” Beauton wrote, ​“drew his department issued firearm.”

As Sanchez drew closer to Rivera, he continued to order the suspect to stop running and show his hands.

“Detective Sanchez stated that Rivera did not acknowledge his commands,” Beauton wrote. ​“Detective Sanchez stated he feared Rivera was non-compliant with his commands due to the fact Rivera was in possession of a firearm.”

Following is an extended excerpt from Beauton’s report that describes, from Sanchez’s perspective, the detective’s altercation with Rivera in a Greenwich Avenue driveway and the subsequent exchange of gunfire, in which Sanchez shot first after Rivera allegedly pointed his gun at the detective.

Detective Sanchez stated he tried to grab Rivera without success. Detective Sanchez stated he attempted to strike Rivera with his right hand, while still holding his firearm — and also trying to grab him with his opposite hand. Detective Sanchez stated he was able to strike Rivera one time, however said strike was unsuccessful due to the hood of Rivera’s jacket absorbing much of the blow.

Detective Sanchez stated Rivera had stopped running, and that he encountered him face to face in a driveway located between two houses on Greenwich Avenue.

Detective Sanchez stated he pointed his firearm at Rivera and ordered him to show his hands. Detective Sanchez stated Rivera quickly raised his hands and pointed an object at him. Detective Sanchez stated he immediately recognized this object to be a firearm — being in fear of Rivera firing at him, Detective Sanchez fired his weapon.

Detective Sanchez stated that after firing his weapon, he attempted to create distance between himself and Rivera by backing up. Detective Sanchez stated that while doing so, Rivera fired his weapon at him.

Detective Sanchez reported that Rivera was aiming his firearm at him as he fired, and that he could see Rivera’s muzzle flash produced by the discharge of Rivera’s firearm.

Detective Sanchez stated he then responded to this with another volley of gunfire aimed at Rivera. Detective Sanchez stated that Rivera fled down the right side of the driveway towards the rear-yard and he took cover behind a vehicle.

Rivera’s Apprehension

Officers then took Rivera into custody after he emerged from behind 340 Howard Ave.

A resident had been watching television at his home on First Street when he heard five gunshots ring out on the night of Jan. 8 pointed out to the pursuing officers that Rivera was hiding in a bush in front of 77 First St.

Lt. John Healy and Officer Alex Rivera recorded Rivera’s apprehension that night on their department-issued body cameras.

The suspect was no longer wearing his jeans or his jacket. He told the officers that he had just walked out of the back door of his friend’s house, and had been robbed and shot, ​“thereby attempting to portraying [sic.] himself as a victim.” 

Cops asked Rivera multiple times what his last name was. ​“Rivera would not answer,” Beauton wrote, ​“and at times closed his eyes and ignored questions being asked of him.”

When Sanchez arrived at the scene, the detective identified Rivera by the tattoo of the lower half of a human skull on the suspect’s left hand. He also confirmed that Rivera was the person he had been chasing and with whom he had exchanged fire on Greenwich Avenue.

“Rivera had a visible gunshot wound to his lower abdomen / pelvic region,” Beauton wrote, ​“was provided medical attention and was subsequently transported to Yale New Haven Hospital (YNHH) for medical treatment.”

Officers then canvassed the area where Rivera had run as he fled from the police. They found a pair of jeans and a jacket on the ground in front of 77 First St. near Howard Avenue. In the rear yard of 322 Howard Ave., right next door, officers found a ​“silver, small caliber semi-automatic handgun.”

In the driveway between 445 – 447 Greenwich Ave. and 451 Greenwich Ave., the officers found spent shell casings consistent with Sanchez’s firearm.

“Further down the driveway,” Beauton wrote, ​“another spent shell casing was located. The shell casing appeared to be of a smaller caliber.”

Surveillance Video Reviewed

After filing a slew of search and seizure warrants for the four residences within the crime scene, offices found a projectile in the vinyl siding of 445 – 447 Greenwich Ave; four .40 caliber shell casings, which corresponded to Sanchez’s firearm, in the driveway between 445 – 447 and 451 Greenwich Ave.; several bullet holes in the side of 451 Greenwich Ave.; and a single .380 caliber spent shell casing in the area of 451 Greenwich.

“This evidence is consistent with an exchange of gunfire between Detective Sanchez and Marcus Rivera,” Beauton wrote.

Outside of 77 First St., the police detectives found a black puffy jacket with its sleeves turned inside out. Inside one of the jacket pockets was ​“one clear plastic bag containing individually wrapped off-white colored rocks, suspected to be crack cocaine, weighing approximately 2 grams in its packaged state.”

Also in the jacket pockets were two cellphones. Nearby on the ground was $154.

“It is widely known by law enforcement that individuals whom carry rocks of crack cocaine that are separately bagged and contained in a larger plastic bag,” Beauton wrote, ​“are stored this way by persons whom sell / distribute illegal narcotics. It was reported to NHPD detectives that Rivera was in the Hill section of the city, selling narcotics and carrying a firearm. Firearms are possessed by those who sell narcotics to protect themselves from rival dealers whom would attempt to rob them of their money and or product.”

As detectives searched 77 First St., they also interviewed a witness who told them that they had heard six to eight gunshots on Jan. 8. The witness also provided surveillance camera footage taken from their residence showing the night of the chase and shootout.

“The footage clearly depicts Rivera jump over a fence and into the backyard of 77 First St.,” Beauton wrote. ​“The area of the fence that Rivera clears is where the exchange of gunfire between Rivera and Detective Sanchez occurred. Rivera can be seen shedding his black jacket with a furry hood onto the ground, near where Rivera jumped over the fence.”

Rivera then ran around to the front of the First Street house.

“Rivera is clearly holding a shiny handgun in what is known as a ​‘Two hand hold,’” Beauton wrote. ​“Rivera throws the handgun over the fence and into the backyard of 322 Howard Avenue. The firearm lands still in sight of the camera’s field of view, where it was recoved by police. Rivera then steps out of camera view. He reappears now with sweatpants, and a thermal long sleeve shirt. You can now clearly see the blood stains on Rivera’s pelvic area as he is now clearly walking with a limp.”

The video then shows Rivera attemping to beak into a storage structure attached to 77 First St. When he was unable to gain entry, he jumped over a metal chain link fence.

“The top of the fence where Rivera’s hands grabbed hold of can be described as exposed metal points that would likely cause injury if grasped while scaling the fence.”

When Rivera was transported to YNHH after the shootout, Beauton wrote, ​“the palms of Rivera’s hands were observed by troopers to have injuries consistent with graspoing the top of the pointed metal fence. The wound to the palm of his right hand required stitches.”

The last house search warrant detectives executed for the case at 322 Howard Ave., where they found a stainless steel Davis Industries Model P‑380 .380 caliber handgun. The gun contained a five-round magazine, and was loaded with three rounds plus a fourth round chambered inside of the barrel.

The .380 caliber spent shell casing found near 451 Greenwich was consistent with the ammunition found inside the gun Rivera threw over the fence during his flight from the police. The projectile recovered from the side of 445 – 447 Greenwich was also consistent with the ammunition in Rivera’s firearm.

Rivera’s Side

On Jan. 15, state police interviewed Rivera in Bridgeport, where he was processed for an outstanding arrest warrant related to his alleged fleeing from state troopers after a traffic stop on Dec. 20.

The state police first asked Rivera about the Dec. 20 car chase.

“Rivera said he ran from the troopers because he was asked to step out of the vehicle,” Beauton wrote. ​“Rivera told detectives that his mother told him never to get out of the car for the police, because he is a black man, and anything can happen.” He told the police that he didn’t have anything on him at the time of the stop, that he fled simply because he was scared.

The state detectives then asked Rivera about the Jan. 8 foot chase and shoot out in New Haven.

Rivera told the detectives that he was high that night on ​“speed balls,” a combination of heroin and cocaine.

Rivera also told the detectives that he had been raped by a man approximately one year ago, but that he had never reported the alleged sexual assault ​“due to the fear and shame he endured as a result of the incident.

“Rivera further provided that he has not sought any professional assistance, thus causing him to turn to drug use as a coping mechanism. Rivera told detectives ever since the assault, he consumes approximately five bags of heroin daily.”

The detectives asked how often Rivera uses ​“speed balls.” Never, he told the detectives. They pointed out that Rivera had just told them that he had been high on ​“speed balls” during the chase and shoot out on Jan. 8. Rivera then said he uses them once or twice a year, and then said, ​“It was just that night.”

“Rivera stated he used to sell drugs in the past,” Beauton wrote, ​“but claims he does not sell drugs at the moment. When asked if he is currently employed, Rivera stated he is not. Rivera was asked how he supports his drug habit, and he related that he sells his food stamp card to purchase narcotics.”

Rivera told the detectives that he ran from the police on Jan. 8 because he knew he was wanted for fleeing from the Dec. 20 traffic stop. He also admitted to having on him at the time two bags of ​“D,” or diesel, a street term for heroin.

He said that, as he ran down Greenwich Avenue, a pursuing officer yelled out to him, ​“I’m gonna shoot you, I’m gonna shoot you!”

“Rivera said that when the officer caught up to him, he hit him with something in the back of the head,” Beauton wrote. ​“Rivera further said — he wasn’t sure if it was with his first or a stick. Rivera told detectives that as a result of being struck in the back of the head, he got, ​‘Blurry and dizzy.’ Rivera did not have any visible signs of injury to the back of his head, or anywhere else on his head or face.”

Rivera then told the detectives that he ran into a backyard off of Greenwich Avenue, where he was confronted by a large man in a puffy black hoodie who pointed a gun at Rivera. ​“Rivera said that he grabbed the pistol with his right hand,” Beauton wrote. ​“Rivera told detectives that the gun went off, causing a wound to the palm of right hand.”

Beauton pointed out that Rivera was wearing black gloves during the incident on Jan. 8. He only discarded the gloves before jumping over a chain link fence with a sharp metal top. ​“Rivera is seen on camera grabbing the sharp metal as he pulls himself over the fence,” he wrote.

After scaling the fence, Rivera said, he laid down for 15 minutes. Then, he said, he got to a gate and laid down for another 20 minutes. After that, he told the detectives, he ran into the front yard of 77 First St., where he said Officer Alex Rivera tackled him to the ground and ​“punched him in the face multiple times.”

“It should be noted that Rivera had no signs of visible injury to his face or anywhere on his head,” Beauton wrote. ​“It should also be noted that at no time in Officer Rivera’s body camera footage is her depicted striking suspect Rivera.”

Rivera repeated that he was stoned at the time on four bags of heroin, cocaine, and alcohol.

“Rivera continued to make statements inconsistent with the fact pattern surrounding this case,” Beauton wrote.

682 Pages Of Medical Records Reviewed

The state detectives then interviewed the American Medical Response (AMR) paramedic who transported Rivera to the hospital the night of the shoot out.

The paramedic told the detectives that during Rivera’s transport, the suspect indicated he was not under the influence of any narcotics. Insider, the paramedic said, Rivera told him he was drunk on Hennessy.

The detectives also searched through the 682 pages of medical records related to Rivera’s treatment at YNHH on Jan. 8.

Rivera was admitted to the hospital’s emergency room at 6:10 p.m. with his chief complaint being that of a gunshot wound to his left lower abdomen.

“The record reveals that the round which struck him in the left lower quadrant,” Beauton wrote, ​“penetrated to the left iliac wing of his pelvis (upper portion of the hip bone) causing his pelvis to fracture. It is believed that after striking Rivera in the pelvic bone, the round exited his left buttock.”

Rivera told the emergency room medical providers that night in response to a standard survey of health and lifestyle questions that he typically uses alcohol three times per week, and that he smokes marijuana seven times per week.

“Rivera denied injury to any other extremity as well as denying his head being struck,” Beauton wrote. ​“Rivera also reports to hospital staff, not knowing what happened or who shot him.”

Rivera was given fentanyl to manage his pain prior to surgery and prior to taking a urine test for his toxicology screening. The hospital staff also gave him morphine and oxycodone to help manage his pain.

The medical records also show that Rivera had a two-centimeter laceration on the palm of his right hand, which received stitches.

The toxicology results in the medical records show that Rivera had alcohol in his system the night of Jan. 8. He did not have cocaine in his system, but he did have morphine (which had been administered by the hospital staff prior to his urine test). He did not have methadone in his sytem.

Beauton also noted that detectives sent the .380 caliber pistol to the state forensic laboratory for ballistic analysis. A forensic examiner found that the spent shell casing found at the scene on Greenwich Avenue could have been fired from Rivera’s pistol.

“However,” he wrote, ​“a lack of detail precluded a more conclusive determination. The report further concluded that the spent projectile could not be identified or eliminated as having been fired int he Davis Industries pistol due to a lack of detail.”

New Charges

Based on the assembled facts and details, Beauton wrote, he believes Rivera was in possession of a handgun as he fled from city police on Jan. 8. He also fired that handgun at pursuing police after physically resisting arrest.

He believes Rivera attempted to forcibly gain entry into an occupied dwelling in an attempt to evade the police, and that he discarded his firearm and several articles of clothing to make himself appear the victim of a robbery.

“That Rivera provided statements to police he knew to be false in an effort to mislead and hinder a law enforcement investigation,” Beauton wrote. And that he was in possession of crack cocaine with the intent to sell, all while being within 1,500 feet of a licensed daycare facility, The Little Blessing Day Care at 414 Greenwich.

He then charged Rivera with one count of first-degree assault, one count of first-degree reckless endangerment, unlawful discharge of a firearm, interfering and resisting arrest, first-degree criminal attempt at burglary, evidence tampering, criminal attempt at assault on a police officer, possession of narcotics with intent to sell, possession of narcotics with intent to sell within 1,500 feet of a school, and interfering with an officer.