Unsealed: How Cops Probed Duff Shooting

A two-year investigation involving 10 witness interviews, DNA swabs, ballistics analysis, photo arrays, and video surveillance reviews helped New Haven detectives identify and then arrest a 59-year-old man for the alleged murder of Troy Clark and the alleged shooting and injury of now-retired New Haven Police Capt. Anthony Duff.

That investigation is detailed in a 13-page arrest warrant affidavit written and signed on Aug. 24 by New Haven Police Det. Kealyn Nivakoff.

The state court unsealed the affidavit Tuesday, roughly two weeks after police arrested the suspect, a New Haven man whose nickname is ​“Kleiko.”

The newly unsealed court document offers the most detailed picture to date of what happened at Henry Street and Dixwell Avenue on Aug. 12, 2019 — a night that left one man dead, an off-duty police officer injured, the city police department shaken by Duff’s injuries, and the city at large awed by his heroics.

The affidavit lays out the work involved in making a case against a criminal suspect, even one identified promptly: The many witnesses interviewed, the alibis checked on other suspects, the need to resist relying on informant testimony that might be tainted.

Kleiko appeared Tuesday in a fourth-floor courtroom at the state court house at 235 Church St. for his first in-person hearing in the case.

He has not yet entered guilty or not guilty pleas to the two most serious charges the state has brought against him: one count of murder and one count of felony murder.

On Thursday, he and his attorney, public defender Scott Jones, did enter not guilty pleas for the four other charges in the case: two counts of first-degree robbery, one count of first-degree assault, and one count of criminal possession of a firearm.

Police Chief Renee Dominguez has characterized the homicide as robbery-related.

“This is the result of a grand jury investigation,” state prosecutor Seth Gabarsky said Tuesday to state Superior Court Judge Gerald Harmon about the charges brought against Kleiko. ​“The discovery is rather voluminous.”

Gabarsky promised to start providing that evidence the state has accumulated over the past two years to Jones and his client for review as soon as possible. The next virtual pre-trial hearing in the case is slated for Oct. 5.

Kleiko is currently being detained on a $2 million bond at MacDougall-Walker Correctional Institution in Suffield. He was previously found guilty in November 2019 of one misdemeanor count of interfering with an officer. In 2017, he was sentenced to 30 months in jail and three years special parole after being found guilty of first-degree robbery.

(Per site policy, the Independent has decided not to publish the name of the suspect, as he has not yet entered a plea on the murder charges, he is not quoted in the arrest warrant affidavit, and he did not speak up in court Tuesday about his side of what happened the night of the shootings.)

Police Work Pays Off

Police were onto Kleiko within a day of the shooting. But they needed to work hard to gather the evidence to charge him.

According to the interviews summarized in the affidavit, Duff pulled over his car when he saw an apparent taking place, ordered the suspect to put the gun down, and pursued that man in a bid to stop him from committing any more harm.

In the process, Duff was shot multiple times, seriously injured, and hospitalized for 10 days. He almost died.

The warrant affidavit also describes a fatal shooting in public (of Troy Clark) that was heard and partially seen by many.

But it took place in the dark. That left few witnesses confident in their ability to identify the shooter’s face, even police received tips the very next day that Kleiko may have been involved.

Only two of the witnesses interviewed confidently identified Kleiko as the shooter. One of those witnesses also admitted to using the drug PCP earlier in the day. A third witness picked out a photo of Kleiko during an interview and said he was ​“possibly” the murderer.

Many of the subsequent DNA analyses came back inconclusive as to whether or not Kleiko was involved.

The Night Of The Shooting

Det. Nivakoff wrote that, on Aug. 12, 2019 at around 9:23 p.m., city police were alerted to an active shooting taking place near the intersection of Dixwell Avenue and Henry Street.

The initial alert came in the form of radio transmissions from Capt. Duff, who was off duty and on his way home at the time.

City police also received four 911 calls reporting the shooting.

“In his radio transmissions, Captain Duff reported a shooting in progress and requested back-up patrol units be dispatched to the area. Shortly thereafter, Captain Duff reported a ​‘signal 4,’ meaning officer needs assistance, and stated, ​‘officer down.’”

Upon arriving, numerous city police officers and paramedics found Duff on the northbound side of Henry Street, suffering from multiple gunshot wounds.

Officers and paramedics provided emergency medical treatment to Duff, who was taken to Yale New Haven Hospital and treated by a trauma team for a gunshot wound to the left arm, a gunshot wound to the left chest area, and a gunshot wound to the lower abdomen.

“The injuries were life threatening in nature and required multiple surgeries but Captain Duff survived his injuries.”

Responding officers also located on the scene a man, subsequently identified as Clark, who was lying on the ground at the edge of the sidewalk along Henry Street. Nivakoff wrote that Clark was found ​“nude, unresponsive, and suffering from multiple gunshot wounds.”

First responders provided medical aid, and Clark was transported to Yale New Haven Hospital, where he was pronounced deceased at 9:53 p.m. An autopsy by the Office of the Chief Medical Examiner determined that the cause of Clark’s death was gunshot wounds to the torso and extremities, and that the manner of death was homicide.

Two bullets were removed from Clark’s body during the autopsy for testing. A firearm and ballistic analysis later concluded that the projectiles ​“could have been fired” from a .40 Glock 27.

Back at Henry Street, the Central District Major Crime Squad of the Connecticut State Police (CSP) combed the area looking for evidence. In an area that extended more than a city block, they found:

• Thirteen spent .40 caliber shell casings.

• One Colt MK IV Mustang .380 semi-automatic handgun, later identified as Duff’s off-duty weapon.

• One sneaker and one white t‑shirt, located on Henry Street in close proximity to where officers found Clark’s body.

• A pair of shorts, a wallet, a cellphone, and a state ID card belonging to Clark. All were found in the rear yard of a house on Townsend Street, perpendicular to Henry Street.

• One Glock 27 .40 caliber semi-automatic handgun with an extended magazine and one leather radio holster, which were located partially hidden under an abandoned sink in the yard of 266 Dixwell Ave. (which is adjacent to the Townsend Street address where Clark’s other belongings were found.)

The Connecticut State Department of Emergency Services and Public Protection Forensic Science Laboratory analyzed and tested the 13 fired cartridge cases recovered on the scene. They determined that all 13 were fired by the .40 caliber Glock 27 handgun.

The very next day after the shootings, city police investigators received information from multiple confidential sources identifying Kleiko as a potential suspect.

Duff Shows Up, Tries To Help

On April 27, 2021, Duff —who had recently retired from the local police force — testified in a confidential proceeding in the case before a state judge.

He said that, on the night of the shooting at around 9:23 p.m., he was traveling southbound on Dixwell Avenue in an unmarked police vehicle with two passengers.

As Duff approached the stop light, ​“he heard a sound which he believed may have been a gunshot. While stopped, he began looking around for the source of the sound and observed two individuals moving hurriedly away from Henry Street toward Dixwell Avenue,” Nivakoff wrote.

Duff then ​“inched his car forward into the intersection to see down Henry Street and observed a ​‘crime in progress.’ Duff described observing a person on the ground between a vehicle and the sidewalk with his arm raised. There was a person standing over the person on the ground. Duff saw this individual shoot the person on the ground.”

Duff then pulled forward and stopped his car at the corner of Dixwell and Henry. He began making radio transmissions from his car’s police radio.

He then exited his vehicle with a hand-held radio and his off-duty gun ​“and confronted the armed suspect.”

Duff approached the suspect with his gun drawn, identified himself as a police officer, and gave verbal commands to drop the gun.

“There was a momentary standoff, where Duff was able to see that the suspect had something in his arms. The suspect’s hands were somewhat folded or covered by something, thus obscuring the weapon. Duff testified that he knew the suspect had a gun, and focused his attention on where the gun would be. Therefore, he did not get a good look at the suspect’s face.”

The suspect then took off running westbound on Henry Street. Duff pursued, while making additional radio transmissions.

“During the chase, the suspect turned and fired multiple shots at Duff. Duff realized he was hit in the area of his left arm and stopped running, but maintained a visual on the suspect as he fled.”

Duff described seeing the suspect cross to the south side of Henry Street and cut through between two houses. The police captain then lost sign of the suspect after he ran across Townsend Street in the direction of Dixwell.

After the shooting, Duff remained hospitalized for roughly 10 days. He underwent multiple surgeries during that time, and was interviewed by city police twice.

On Aug. 21, 2019, Duff viewed a sequential double-blind photo array which contained a photograph of Kleiko.

Duff was unable to make an identification on that date. During his testimony in April 2021, Duff reported that during the entirety of the incident he did not have enough time or opportunity to see the suspect’s face.

“Nonetheless, he described him as an adult male of a mature age. He further emphasized he was not a young adult, but rather a fully grown, mature, adult male.”

9 Other Witnesses Interviewed

Duff wasn’t the only witness city police interviewed about the Aug. 2019 shooting.

The first two witnesses were a married couple. They testified separately on Jan. 31, 2020 in a confidential proceeding before a Superior Court judge that, on the night of the shooting, they were driving with their grandchild on Henry Street approaching the intersection with Dixwell.

The wife, who was behind the wheel, noticed three men on the northbound sidewalk.

While stopped at the traffic light, ​“she described hearing a man begging for his life, saying ​‘please let me go.’”

When the light changed, she turned left on Dixwell and pulled towards the sidewalk so that her husband could run into the corner store. While parked, she heard ​“three gunshots coming from Henry Street.” Her husband got back into the car and they drove away quickly up Dixwell Avenue. She said she would not be able to identify the man responsible for the shooting.

The husband testified that, as he stepped out of the Dixwell Avenue store at that time, ​“he heard a pop.” He recalled the first confidential witness saying, ​“They’re shooting.” Then he heard ​“two more pops.”

As he and his wife and their grandchild drove off up Dixwell Avenue, he called 911.

Both witnesses described two men running across the street in front of them as they were starting to drive north on Dixwell. Neither described seeing those men with a gun.

A third confidential witness testified on March 13 in a confidential proceeding before a state judge.

She said that, on the night in question, she was in a car with Capt. Duff and another man traveling southbound on Dixwell.

“As they neared the intersection of Henry Street she heard a loud pop, which she believed to be either a firecracker or a gunshot.” Following the sound, she saw two men walking north on Dixwell from the direction of Henry.

As Duff pulled up to the corner of Henry, the witness described hearing two men arguing, ​“with one crying out in pain, ​‘Why did you shoot me? You didn’t have to shoot me.’”

The confidential witness observed a man wearing dark clothing and a dark baseball hat standing over a second man on the ground who was crying out in pain.

She said she heard the man wearing the baseball hat shouting, ​“If you don’t give me my money … Where’s my money? I want my money. If you don’t give me my money I’ll shoot you again.”

Immediately thereafter, she heard a gunshot, followed shortly by another.

She testified that she could not see the face of the man who was shooting.

The witness also testified she heard Duff use the radio to report a shooting in progress, then watched him exit the vehicle. She ducked down for her own safety, but could hear Duff confront the suspect while saying, ​“This is the police. Let me see your hands.”

“She lifted her head up at one point and recalled seeing sparks on the ground, which coincided with two additional gunshots, and saw Captain Duff run down the sidewalk after the shooter. She ducked back down and did not pick her head back up until she heard Captain Duff radio ​‘officer down.’”

A fourth confidential witness testified on March 5, 2020, that the night of the shooting, he arrived home shortly before 9:30 p.m.

He was bringing items inside his home when he noticed two men walking towards him on the northbound sidewalk of Henry.

They were walking side by side and appeared to be talking. Then they turned to face one another. One of the men shoved the other and ​“the guy that got shoved pulled out a gun and shot the other one.”

The witness took cover in the doorway of his home. He heard the shooter saying to the man on the ground, ​“I want my money. You better give me my money. If you don’t give me my money, I’m going to shoot you again.”

The witness then saw the shooter shoot the man on the ground a second time. After this second shot, he saw the shooter start ​“frisking him” and continuing to say he wanted his money, stating, ​“If you don’t give me my money the next shot is going to be in your head.”

Then the witness heard a third shot. After that, the shooter took the victim’s sneakers off and undressed him completely.

After that, the witness observed a police officer carrying a walkie-talkie in front of his house. He heard the office say loudly, ​“Police. Put the gun down,” and then heard an additional three to five shots.

The shooter ran past the witness’s house with the police officer in pursuit. He heard the officer say, ​“Officer needs assistance” or ​“Officer down,” and then the officer backed up and sat down on the stairs of 127 Henry St. as more police arrived at the scene.

The confidential witness said that, immediately following the incident, he was unwilling to be identified as a witness.

“He did not provide his name to the 911 operator, nor did he approach investigating officers that night to tell them he had witnessed the incident. He testified that he, ​‘didn’t want to be labeled as a snitch,’ explaining he worked with a neighborhood non-profit organization, which tries to help at-risk youth in the City of New Haven, and that being labeled as a ​‘snitch’ could hurt his ability to work with their target group.”

In a subsequent double-blind photo array, the witness picked out two pictures — one of Kleiko, one of a man who looked like Kleiko — as being ​“possibly” the murderer, though he was not sure. ​“I can definitively tell you that I cannot say that either of those people I picked today is the person that [committed the murder],” that witness said. He ​“very well could be that person,” but — the night of the shooting — the witness ​“really didn’t get a good look at the person’s face.”

A fifth confidential witness testified on March 30, 2021 that, at the time of the shooting, she was inside her home on Henry Street. She was in her kitchen when she heard gunshots outside. She took her son into the bathroom and, after two or three minutes, she looked outside and dialed 911.

“When she looked outside she saw the shooter standing over the victim on the ground, and the shooter was pointing a gun at the man on the ground.” While on the phone with the police, she saw the shooter shoot the man on the ground again.

She also saw a police officer arrive, run toward the shooter, and saw the shooter fire at the police officer.

On May 25, 2021, a sixth confidential witness testified that, at the time of the shooting, he was inside his home on Henry Street with the fifth witness and her son.

He was in his bedroom when he heard a man yelling outside. He also heard the threats, the pleas for mercy, saw a man with a gun, and heard three shots fired.

He also said he saw Capt. Duff pursuing the shooter, and heard nine additional shots.

The witness said he saw Duff sitting on some steps across the street from his apartment. He appeared to be bleeding from his arm.

The witness also said he went across the street and saw Clark laying on the ground, covered in blood and completely naked.

This sixth witness was first interviewed by city police about this incident on Aug. 13, 2019. Police showed him a double-blind photo array on Aug. 20 of that year. That array contained a photo of Kleiko. The witness did make an identification and said all of the pictures were ​“way” different than the guy he had seen.

On Feb. 11, 2020, the sixth witness viewed another double-blind photo array. He picked another person other than Kleiko.

On Jan. 26, 2021, a seventh witness testified in a confidential proceeding that, on the afternoon of the shooting, he was spending time with Clark, whom he had known for a couple of months.

The witness said he stopped at a store to get some cigarettes and beer and Clark kept walking up the street. He caught up with Clark shortly theerafter.

As they approached the intersection with Dixwell, ​“the gunman” came around the corner. He said he had seen the ​“gunman” before, hanging around the bus stop on Dixwell.

“The man started ​‘checking’ Troy Clark,” which the witness said meant he was looking for money.

The witness said that, after the ​“gunman” threatened him too, he took a few dollars out of his pocket and handed it over.

The ​“gunman” continued to demand money from Clark, according to the witness.

Contrary to what he said during an initial interview with city police in September 2019, during his confidential hearing before a state judge, the seventh witness said he witnessed ​“the gunman,” whom he subsequently identified as a man known as ​“Kleiko,” fire a handgun at Clark.

The witness said in court, ​“I seen him shoot him” When asked to repeat himself, the witness said, ​“I seen him shoot him in the head. Seen him shoot him in the head, Judge.”

On Feb. 9, 2021, an eighth confidential witness testfiied in court that, on the night of the shooting, he was hanging out with two men at Goffe Street Park. They had used PCP together that day. They later walked to a package store on Henry Street.

This eighth witness said he later saw Clark in an argument with someone he knew by the nickname, ​“Kleiko.”

The witness recounted that ​“Kleiko” was saying ‚“Give me my money, give me my money,” and Clark was refusing, saying, ​“I don’t owe you no money.”

After walking a little distance away, he saw Kleiko pull out a gun and strike Clark in the head with the gun. He then heard a gunshot, and saw Clark was down on the ground. As the eighth witness ran away, he heard multiple gunshots.

He said he had seen ​“Kleiko” around New Haven for years, and that he was ​“100 percent sure that he was the man fighting with Troy.”

He also said he never went to the police to report what he saw because he was afraid. When subpoenaed to appear before a state judge, the witness explained he didn’t want to get in trouble for perjury and ​“just want[ed] to do the right thing.”

He consulted with his pastor after receiving the subpoena. The pastor encouraged him to tell the truth.

Prior to the court hearing, the eighth witness identified Kleiko in a photo array as the person who had shot Clark.

A ninth witness was later interviewed in relation to a potential suspect who was not Kleiko. (See more below.)

DNA Samples Mostly Inconclusive

In a report dated Aug. 27, 2019, a state lab concluded that Clark’s DNA was on the white T‑shirt located on Henry Street, and on two pairs of shorts, a wallet, and an ID card found just south of the crime scene on Townsend Street.

The state lab also issued a supplemental DNA report relating to the Glock 27 .40 caliber handgun found at the crime scene.

The swabs showed the subsequent DNA mixture to be too complex and consisting of too many potential sources to compare to any known profile, including Kleiko’s. Comparisons of Kleiko’s profile to swabs taken from the white t‑shirt were inconclusive, and Kleiko was ruled out as a DNA contributor to mixtures found on the radio holster, one sneaker, two pairs of shirts, ID card and wallet.

An October 2019 state lab report analyzed fingernails recovered from Clark’s body, as well as a NY Yankees baseball cap recovered after a second search of the area around the crime scene.

The lab reached an inconclusive finding as to whether or not Kleiko was a contributor to the DNA found on the baseball cap. Kleiko was ruled out as a DNA contributor to the fingernails from Clark’s right hand.

A March 2021 state lab reported additional testing related to the white t‑shirt recovered at the crime scene. Kleiko ​“could not be eliminated as being a contributor to that DNA profile” on the shirt.

Other Suspect ID’d; Alibi Bears Out

Over the course of the investigation, city police Dets. David Zaweski and Kivakoff, as well as Asst. Chief Karl Jacobson and Inspector Alfonso Vazquez, testified to a state judge regarding another potential suspect.

On April 27, 2021, Jacobson testified during a confidential proceeding before a judge that he received a phone call from a confidential informant the morning following the shooting.

The informant claimed he had seen this other man earlier on the day of the shooting in the area where the murder occurred. The informant said the man was in possession of a gun, and had been observed arguing with an unknown man over drugs.

The informant had not witnessed the murder later that evening, and had not been in the area that night.

Police subsequently interviewed this other man, who denied that he was involved in the shooting. He said he had been shopping at a shoe store and Dollar Tree store in Hamden at the time.

Video surveillance from the shoe store and Dollar Tree showed the man wearing an outfit inconsistent with that identified by witnesses at the scene of the shooting. A ninth witness said she had been with this man at the shoe store and Dollar Tree and at the time when the shooting occurred.

DNA voluntarily provided by this man to police also did not match any of the DNA profiled obtained from any of the evidentiary samples gathered on scene.