Cop-Shootout Suspect Pleads Not Guilty

Marcus Rivera winced as he limped into court Tuesday, bending over a cane in his baggy orange jumpsuit.

But his voice was steady as he declined public defender representation and pleaded not guilty to charges that he shot at police officers during a foot chase in the Hill — after telling an attorney that a cop shot him in the back, not the front.

That was the scene just after 11 a.m. on Tuesday in Superior Court Judge Patrick Clifford’s sixth-floor courtroom at 235 Church St..

Rivera, a 22-year-old New Havener who allegedly shot at New Haven police officers on Jan. 9 after leading them on a foot chase through Kimberly Square, declined to apply for public defender representation and entered a not guilty plea to one felony count of carrying a pistol without a permit. His next court appearance is scheduled for Feb. 5.

Police also suspect Rivera was involved in a December shooting in New Haven. The state has charged him with misdemeanor accounts of second-degree reckless endangerment and interfering with a police officer after he led cops on a separate car and foot chase in relation to that incident.

Rivera did not offer any explanation for his not guilty plea during his brief two minutes before Clifford on Tuesday. He was immediately returned to jail.

“I Just Like The Guy”

On Tuesday afternoon, local attorney Frank Cirillo, Jr. said he was shocked that Rivera had decided not to apply for a public defender.

Cirillo also said Rivera told him last week that, contrary to initial police statements, the cops shot him in the back, not the front.

Cirillo, a personal injury lawyer who represented Rivera for free at Rivera’s arraignment last week, said he had advised Rivera and his family to apply for a public defender for cost reasons.

“I don’t think they’ll be able to afford the experts that they need,” he said. He said he had represented Rivera for free last week because he had represented Rivera in a prior personal injury case, and just liked Rivera and his family.

“I just like the guy,” he said.

But in this case, Cirillo said, Rivera and his family will likely need to hire a number of costly experts in order to mount a credible defense. He said they will likely need to hire a private investigator to interview all of the witnesses from the night of the shootout.

He said Rivera and his family will also likely need to hire forensics and ballistics experts to look into Rivera’s claim that police shot him from behind. Police argue that Det. Francisco Sanchez shot Rivera in the front.

The state investigative report attached to Rivera’s arrest warrant states that Sanchez shot Rivera in the pelvis after Rivera wrestled with Sanchez and Det. Thomas Glynn in a Greenwich Avenue driveway, broke away, fled towards Howard Avenue, and shot at the officers. The state report alleges that the officers fired at Rivera ​“in response” to his firing at them; police recovered a gun that had a surveillance video showed Rivera tossing over a fence. (Click here to read a full story about the state police report.)

“I have nothing in writing,” Cirillo said in regards to Rivera’s claim that police had shot him from behind. ​“I have his word.” Plus, he said, the shot-from-behind explanation makes sense to him based on his non-expert look at Rivera’s wounds. Cirillo said he did not discuss with Rivera whether Rivera had shot at the police.

Cirillo wasn’t the only one surprised by Rivera’s plea on Tuesday morning. The attorney said he spoke with Rivera’s brother early on Tuesday afternoon.

“They are as surprised as I am that he didn’t apply for the public defender,” he said. He said he plans to check in with Rivera once he gets back to his detention cell at the Whalley Avenue correctional facility.

“It was against my advice,” Cirillo reiterated about Rivera’s decision to forego a public defender.

“Hoping To Hire A Private Attorney”

Rivera limped into the bright, wood-paneled courtroom on Tuesday, leaning heavily on a thin black cane and wincing with every step.

“Mr. Rivera, do you understand English alright?” Clifford asked on Tuesday. Rivera said he did.

“I was told that Mr Rivera is not making an application for the public defender,” Clifford continued. ​“You’re hoping to hire a private attorney, is that correct?”

“Yes, your honor,” Rivera said.

Rivera said he will need two weeks to hire a private attorney.

“Right now,” Clifford said, ​“there may be other charges in the future, but right now you’re charged with pistol without a permit. I’ll enter ​‘Not Guilty’ pleas on that with a jury election, for your benefit.”

Rivera nodded his head in agreement.

Before Rivera limped back to lock up, Clifford set his next court date for the case for Feb. 5.

Clifford told Rivera that, if he’s unable to secure a private attorney, he can always submit an application for a public defender before his next court date.

Rivera is currently being held on $750,000 bail for the pistol without a permit charge.