REPORT OF THE STATE’S ATTORNEY FOR THE JUDICIAL DISTRICT OF TOLLAND CONCERNING THE USE OF DEADLY PHYSICAL FORCE RESULTING IN THE DEATH OF JOSE ENRIQUE SOTO ON APRIL 2, 2020

 

TABLE OF CONTENTS

I.        INTRODUCTION                                                                                                                   

II.       FACTUAL FINDINGS

          A. Initial Law Enforcement Reports

              1. Board of Pardons and Parole

              2. Manchester Police Department

         B. Civilian Witnesses

         C. CREST

             1.CREST Policy Manual

             2.CREST Crisis Negotiator Team

             3.Manchester Police Department

             4.CREST Tactical Team

             5.CREST Training/Discipline Records     

          D. Evidence/Forensic Laboratory Results

          E. Office of the Chief Medical Examiner Reports

          F. Video

          G. Cell Phone Extractions

              1. Carla Voicemail

              2. Jose Soto’s Cell Phone Extraction

          H. Miscellaneous     

III.      LAW REGARDING USE OF DEADLY FORCE BY POLICE OFFICER                                                                                             

IV.      FINDINGS & CONCLUSION                                                                 

V.       APPENDIX 

          A.       CONNECTICUT GENERAL STATUTES § 51-277a                                                 

          B.       CONNECTICUT GENERAL STATUTES § 53a-22

          C.       VIDEO EVIDENCE

                     1. 190 Oak Street, Manchester

                     2. 190 Oak Street, Manchester

                     3. 190 Oak Street, Manchester

                     4. 184 Oak Street, Manchester

                     5. Officer Rago dashboard camera

          D.       AUDIO EVIDENCE

          E.       LAW ENFORCEMENT REPORTS

                     1. Manchester February 27, 2020

                     2. Manchester Latent Print Exam

                     3. Milford March 15, 2020

                     4. West Hartford October 28, 2019

                     5. Alexander Report

                     6. Krom Report

                     7. Murphy Report

                     8. Williams Report

                     9. Bak Statement

                   10. Buonaducci Report

                   11. Bycholski Report

                   12. Conley Statement

                   13. Connolly Report

                   14. Desso Report

                   15. DiLoreto Report

                   16. Fullana Report

                   17. Guadino Report

                   18. Hearn Report

                   19. Hilchuk Report

                   20. Levesque Report

                   21. McNeice Report

                   22. Monge Report

                   23. Diaz Interview Report

                   24. Parole Officers Interview Report

                   25. Rago Report

                   26. Rasmussen Statement

                   27. Trudeau Report

                   28. M.Williams Report

                   29. Yott Report

         F.       CIVILIAN WITNESS STATEMENTS

                    1. Barber

                    2. C Hanson

                    3. Vazquez

                    4. D Hanson

                    5. Diaz

                    6. Soto

                    7. Neals

          G.       CONNECTICUT FORENSIC LABORATORY REPORTS                          

          H.      OFFICE OF CHIEF MEDICAL EXAMINER REPORT

          I.       CREST POLICY MANUAL

          J.        ANALYSIS UNDER PUBLIC ACT 20-1§29

          K.       RECOMMENDATIONS

                   

                 

I. INTRODUCTION

The following is a report concerning the tragic death of Jose Enrique Soto on April 2, 2020.

Initially, I would like to again extend my condolences to the family and friends of Mr. Soto. Over the course of this investigation, I have gotten to know his family. From many conversations with his family, especially his stepfather, I have learned that he was loved. He was a son, a stepson, a brother, and a father. And he will be missed by his family.

I would also like to acknowledge the resources provided by the Connecticut State Police, and in particular, the Connecticut State Police Western District Major Crime Squad (CSP WDMC). CSP WDMC was assigned to assist my office with this investigation. CSP WDMC provided a team of experienced detectives who have worked diligently assisting me on this important investigation.

Additionally, the Command staff of the Department of Emergency Services and Public Protection (DESPP) provided access to and gave us (CSP WDMC and myself) priority at the Department of Emergency Services and Public Protection, Division of Scientific Services (Forensic Science Laboratory). This priority access, and the exemplary work by the staff at the Forensic Science Laboratory, proved to be critical in not only examining important evidence, but also in being able to provide information to the public as soon as possible. I would not have been able to complete this investigation without the command staff at DESPP giving this case the priority and resources that an investigation like this requires.

The Office of the Chief Medical Examiner provided valuable assistance in this case as well. As with all investigations into untimely deaths, the Office of the Chief Medical Examiner provided essential investigative information that was necessary for the conclusion of this investigation.

The Manchester Police Department, the Enfield Police Department, and the Wethersfield Police Department have all been extremely cooperative in this investigation. All requests for information, reports, radio transmission recordings, and other information were quickly complied with. The Manchester Police Department, and in particular Chief Darby, was extremely helpful in assisting me in releasing information about this case to the public as soon we did, and with assisting me with meeting with community groups to update them on the investigation, as well as obtaining supplemental information for this investigation.

Supervisory Inspector Emory Hightower, and Inspector Luis Rodriguez of the Office of the State’s Attorney for the Judicial District of Hartford responded to the location of the incident, and provided invaluable assistance in helping to secure the scene, secure valuable evidence, and ensure witnesses were available to be interviewed. I could not have completed this investigation without their assistance.

Inspector P.J. Clark of the Office of the State’s Attorney for the Judicial District of Tolland responded to the location of this incident with me, worked next to me through the night, and provided his usual exceptional insight and assistance throughout this investigation.

Finally, in terms of introduction, this report is written pursuant to Connecticut General Statutes § 51-277a.  Connecticut General Statutes § 51-277a(a) provides that:

Whenever a police officer, in the performance of his duties, uses physical force upon another person and such person dies as a result thereof, the Division of Criminal Justice shall cause an investigation to be made and shall have the responsibility of determining whether the use of deadly physical force by the peace officer was appropriate under 53a-22.

Shortly after the incident, on April 2, 2020, at approximately 10:00 p.m., Chief State’s Attorney Richard J. Colangelo, Jr. notified me about the incident and asked me, pursuant to Connecticut General Statutes §51-277a(b)(1), to conduct this investigation on behalf of the Division of Criminal Justice. I responded to the scene with Inspector Clark. We arrived at approximately 10:30 p.m.

The investigation in this case is concluded, and this report is filed pursuant to Connecticut General Statutes § 51-277a(c).

 

II. FACTUAL FINDINGS

Based upon a review of the scene of the incident, the investigative reports, witness statements, video evidence, audio evidence, interviews, and laboratory reports and analysis, I make the following factual conclusions:

        On 04/02/20 at approximately 7:00 pm, Parole Officer John Lindgren and Parole Officer Frank Vieira of the Department of Correction, Board of Pardons and Parole went to 181 Oak Street in Manchester, CT to speak to Noraida Diaz. Ms. Diaz resides at 181 Oak Street. Noraida Diaz was the mother of parole fugitive JOSE ENRIQUE SOTO #379577. Ms. Diaz had cooperated with law enforcement in the past, and recently numerous detectives from various investigating agencies had visited the home for interviews.

        Parole Officer Lindgren and Parole Officer Vieira went to that address to gather intelligence of the whereabouts of her son, Jose Enrique Soto, because Mr. Soto was considered a parole absconder and had a remand to custody order for arrest. This order was entered into a law enforcement data base by the Connecticut Department of Correction Parole Fugitive Unit. Mr. Soto was on parole for Robbery in the 1st Degree and had been an absconder since 10/07/2019 when he failed to return to the halfway house he had been assigned to. Since absconding from parole, Mr. Soto had been identified in several armed robberies in several towns in Connecticut, including Manchester, and Mr. Soto was alleged to have displayed a handgun during at least one of these robberies. Officer Lindgren stated that he had a case conference with Parole Supervisor Edward Kendall of the Department of Correction PCS Fugitive Investigations Unit, and was directed to make the case a high priority due to Mr. Soto’s criminal history and recent involvement in violent crimes. Parole Officer Vieira and Parole Officer Lindgren developed a plan to investigate the fugitive case throughout that day to identify all family members and possible associates and develop possible leads of the whereabouts of Mr. Soto.

        Parole Officers Lindgren and Vieira knocked on the front door of Ms. Diaz’s residence at 181 Oak Street. After some time, an older male (later identified to be Anthony Vazquez) came to the door. This male told the Parole Officers that he needed to go get a mask due to Covid-19. The unknown older male did not return to the door. Parole Officer Vieira again attempted to knock on the front door with no contact being made. Parole Officer Lindgren stayed in the front of the building while Parole Officer Vieira checked the rear and spoke to a male neighbor about who residing at the address in question.

        Parole Officer Vieira returned to the front of the residence, continued knocking on the front door, and called for Ms. Diaz or the male who initially answered the door, to come to front door, while also knocking on the kitchen window. There was still no response, but then shortly after, an unknown younger male who was hiding behind a basement door about 8-10 feet from the open front doorway started communicating with Parole Officer Vieira. The unknown younger male subject started yelling, “Get the fuck out of here, my mother doesn’t want to talk to any police, I just talked to her and she’s tired of talking to you guys about my brother, Get the fuck out.” Parole Officer Vieira told this male that he needed to talk to his mother and make sure she’s safe. The unknown younger male started becoming more verbally abusive and confrontational behind the basement door. Parole Officer Vieira asked the male to identify himself and step into the kitchen away from behind the door. Parole Officer Vieira stated that the male became more agitated and refused to step from behind the basement door, and stated that he was Joshua Soto brother of JOSE ENRIQUE SOTO. Parole Officer Vieira continued to call out for Noraida Diaz, and began to hear the unknown younger male communicating in Spanish with a female who sounded like she was up the stairwell near the basement door. The unknown younger male then stated “Please mommy, please mommy don’t let them in.” It then became apparent that the unknown younger male behind the basement door was JOSE ENRIQUE SOTO.

        Parole Officer Lindgren had gone to the rear and side of the residence and observed an older Hispanic woman through the kitchen window who was wearing a mask and gloves, and assumed her to be Noraida Diaz. She appeared to be in distress. She was communicating with someone, making some gestures with her hands that Parole Officer Lindgren could not understand. Parole Officer Lindgren indicated that he communicated to Parole Officer Vieira what he saw. Parole Officer Vieira continued to call out to what he presumed to be Ms. Diaz and continued to speak to the unknown male. The unknown male was verbally resistant and did not want to cooperate with Parole Officer Vieira’s instructions. Ms. Diaz was in the stairwell near the kitchen and it appeared she was not being allowed to exit the residence by the unknown younger male. The two Parole Officers then determined that they needed to notify the Manchester Police Department. 

        Parole Officer Lindgren was observing the rear of the residence and maintaining the perimeter until the Manchester Police Department arrived on scene. Parole Officer Vieira continued to call for Ms. Diaz, who came down from the stairwell into the kitchen and started communicating with him. Parole Officer Vieira asked if she could step outside on the front porch and talk. She agreed to come outside. Once Ms. Diaz was outside, she was asked if her son JOSE ENRIQUE SOTO was in the residence, and she responded, “Yes.” She was then asked if he had a firearm, and she stated, “I think he has a gun and that he may try to harm himself.” Ms. Diaz was then asked who else was in the residence, and she stated that her 15-year-old daughter and Ms. Diaz’s boyfriend who had answered the front door earlier were still inside the residence.

        At approximately 7:38 pm, the first Manchester Police Department personnel arrived on the scene. Sergeant Desso of the Manchester Police Department arrived at the residence at 181 Oak Street and joined Parole Officer Vieira in directing Ms. Diaz to call out to her boyfriend and her daughter to leave the residence. Other Manchester Police Department personnel began to arrive at this point. Parole Officer Vieira directed Ms. Diaz to call out her daughter and boyfriend to come outside. Parole Officer Vieira stated that as he stood with Ms. Diaz at the front entrance as she called for her daughter and boyfriend, he heard JOSE ENRIQUE SOTO becoming more agitated and stated the following to his mother, “If they come in here I’m going to start shooting.”

        Sergeant Desso stated that the front door was open with a view of the closed basement door.  He questioned her if there was anyone else inside the house and Ms. Diaz informed them that her boyfriend “Tony” and her daughter Nicole Rivera were the only other individuals inside.  Ms. Diaz attempted several times to yell to them to get them out of the house.  While attempting to get them out Sergeant Desso stated that he observed the basement door abruptly open and heard a male’s voice yell something similar to, “If you come in I’m going to be shooting.” The male also made references to killing everyone.  After these comments the door slammed shut.  Sergeant Desso stated that they were able to call to the other occupants and safely remove them from the residence and secure them in the rear of his patrol vehicle.  Sergeant Desso stated that now that Ms. Diaz realized the severity of the situation, she stated that she wasn’t sure if Mr. Soto actually had the gun.

        While at 181 Oak Street, the two Parole Officers informed Sergeant Desso that they had previously been in contact with Detective Moss of the Manchester Police Department regarding Mr. Soto being the prime suspect of an armed robbery in Manchester, among other recent robberies that he was suspected to have committed.

        More officers from the Manchester Police Department began to arrive at the residence at 181 Oak Street and took up positions around the house. Sergeant Desso notified Captain Grant of the Manchester Police Department and informed him of the situation.  Due to the fact that there was a dangerous convicted felon possibly armed with a firearm barricaded in the basement already making threats of violence, both Sergeant Desso and Captain Grant agreed that an activation of the Capitol Region Emergency Services Team (CREST) was appropriate and necessary. A command post was established in the Nathan Hale School parking lot located at 160 Spruce Street.  Ms. Diaz and her family were told to relocate to that location and officers would meet her there to gather more information from them.

        Carla Hansen, the mother of a child from Mr. Soto, stated that on or about 7:30 pm, she received a call on her phone. She declined the call and the individual left a voicemail. Her phone rang again and her husband, Demario answered the call. Mr. Soto told my husband, “Don't freak out, but it's Jay (Jose), the cops are at my mom's house. I'm going to have a shootout.” Ms. Hansen stated that she took the phone from her husband, and Mr. Soto told her, “Carla, it's me. The cops are at my house. I'm going to have a shootout,” and, “I have a lot of other people to call tonight, but I am gonna die tonight.”

        Demario Hansen, Carla’s husband, stated that Carla asked Jay if he had a gun. Jose replied that he had a gun. Mr. Soto then began apologizing for all he had done in the past. Mr. Hansen stated that he asked Mr. Soto where he was and he said that he was at his mother's house which he knew was on Oak Street.

        Ms. Hansen stated that her mother came over and babysat while she and her husband got into their car and went to Jay's mother's house which is two streets over to help him. She stated that she saw the police and she called Mr. Soto. She said to him, “Can you come outside?” Jay told her “no, and that the cops are coming for me. I am in the basement. I have a gun, Carla.” Jay continued to tell her that he was scared, he had a gun, and that he was going to have a shootout. Ms. Hansen stated that her husband got out of the car to look for a Manchester Officer, but instead ran into Anthony Vasquez, Jose's stepfather, while she was still on the phone with Mr. Soto and continued to beg him to come out of the house.

        Ms. Hansen stated that Mr. Soto’s mother ran over to her car and the two (Mr. Soto and Ms. Diaz) started speaking to each other in Spanish. She did not know what they were saying. Ms. Hansen stated she then heard Mr. Soto say that he didn't want to talk to anyone else and that he was going to hang up, so she rolled up the window and kept asking him why the police were looking for him. He finally told her they were looking for him because of an armed robbery. She stated that she told him the police just wanted to talk to him, but he said to her, “no, they want to shoot me because of the armed robbery.”

        Mr. Hansen stated that his wife, Ms. Diaz, and Mr. Vazquez were all crying and screaming. Mr. Soto was on the phone with them so he told Mr. Soto this was no joke and this was not the time to mess around. Mr. Hansen stated he told Mr. Soto that the cops were outside his house. He stated that Mr. Soto replied, “Not going back” and, “the cops are going to be the ones to shoot me.” He stated that Mr. Soto made these statements multiple times. Mr. Hansen tried to reason with Mr. Soto by telling him that he was young and that he could get through this and that he should just comply. He stated that he told Mr. Soto that it would only be a couple of years and that he can get through it.

        Ms. Hansen then stated that she, her husband, as well as Mr. Soto’s mother, stepfather and sister drove to Nathan Hale School as directed by police officers. While at Nathan Hale School, they were approached by a Detective (Detective Claire Hearn of the Manchester Police Department and a Crisis Negotiator for CREST). Ms. Hansen stated that Detective Hearn asked her to get into her car. She was on the phone with Mr. Soto at the time and Ms. Diaz asked if she could speak to him. Ms. Hansen stated that Detective Hearn said, no. Detective Hearn told her that the two of them would talk to Mr. Soto.

        While Ms. Hansen was seated in the Detective's car, Mr. Soto called again. He wanted to know how many cops were outside. Ms. Hansen told him that they were at Nathan Hale School, and kept asking Mr. Soto to come outside and he said, “No,” that he was scared and that he was going to have a shootout with the cops. Ms. Hansen stated that Mr. Soto told her that he made his mind up months ago that he was going to die tonight. Mr. Soto said multiple times that he did not want to go back to jail. Ms. Hansen stated that Detective Hearn tried to calm him down. But, Mr. Soto said his life was over. Ms. Hansen tried to reassure him that was not the case. Ms. Hansen stated that Detective Hearn explained the process to Mr. Soto and told him that he was not going to jail. She stated Detective Hearn told Mr. Soto that they would take him to the hospital. She stated that Detective Hearn told Mr. Soto that she did not want him to hurt himself. Mr. Soto laughed and said, “No, I'm not going to hurt myself. The police are going to kill me.” Mr. Soto started getting angry at Detective Hearn and he hung up. Ms. Hansen said she kept trying to contact him and he finally picked up. She told him that Detective Hearn was not in the car anymore. She said Mr. Soto said over and over to tell JJ about his childhood. He then said, “I just have one question. Is JJ (his son) smart?” She told him, ‘Yes, he's so, so smart,” He then just hung up the phone. Ms. Hansen said that at that time, Detective Hearn asked to take her phone, and Detective Hearn left the car with Ms. Hansen’s phone. She stated that she was brought to the Manchester Police Department to wait and sometime around 10:30/11:00 pm, she was told that Jose didn't make it.

        Later, a voice mail was recovered from Ms. Hansen’s phone which stated “Carla, This is me, J. The cops is at my mother’s house on Oak Street. I’m going to shoot it out with them, they’re going to kill me. Tell JJ I love him. I’m sorry.”

        Detective Claire Hearn indicated that she was working at the Manchester Police Department when this incident was first began. She indicated that she responded as a member of the Crisis Negotiator Team for a report of a barricaded suspect possibly in possession of a gun. The suspect was identified as 27 year old Jose Soto. She arrived at the staging location at Nathan Hale Elementary School shortly after 8:00 pm.

        Detective Hearn indicated that at some point, Sgt. Desso arrived at the staging area along with several members of Mr. Soto’s family, including Carla Hanson. Detective Hearn indicated that it was quickly discovered that Ms. Hansen was on the phone with Mr. Soto. Ms. Hansen entered Detective Hearn’s vehicle and placed Mr. Soto on speaker phone. Detective Hearn stated that prior to knowing she was listening to the conversation, Mr. Soto made a comment to the nature of “the police will have to shoot me.” At some point, Ms. Hansen introduced her to Mr. Soto and he and she spoke via speaker phone. He again repeated his declaration that the police would have “come down to get me” and shoot him. Mr. Soto ended this first phone call and Ms. Hansen made several attempts to call and text him to get him back on the phone.

        Detective Hearn indicated that she knew that Mr. Soto was a suspect in an armed robbery in Manchester being investigated by a fellow detective and that a firearm was involved. She indicated that she had been briefed regarding the Parole Officers interaction at the residence earlier. She indicated that she had not had any interactions with Mr. Soto prior to this incident. She indicated that throughout her conversation with Mr. Soto that evening, the conversations were in English and Mr. Soto did not appear to have any problems conversing in English.

        CREST personnel at the command post at Nathan Hale School indicated that  Mr. Soto’s family members told them that it was common for him to threaten suicide when he gets caught committing a crime, that he had PTSD and anxiety, but was not taking medication, and that he was homeless until he moved back home a couple days prior.

        Detective Hearn indicated that eventually Mr. Soto answered the phone and they began speaking. He stated that he would not go back to jail and knew he would be going to jail for a long period of time. She stated that he was resistant to talking to her initially, but eventually agreed to speak with her on the phone from the incident command vehicle.

        In the incident command vehicle, Detective Hearn was assigned the role as lead Crisis Negotiator and Enfield Officer Jaime Yott was assigned as coach, listening in the conversation with Jose Soto. There were several phone calls with Mr. Soto. During the calls, he repeatedly commented that law enforcement would have to “come and get him” and shoot him. During the first call, he indicated many times that he wanted police to shoot him. When directly asked about having suicidal thoughts, he noted he was not planning on killing himself, but would have police shoot him. When questioned about his possession of a gun, Jose avoided directly answering the question and deflected the commentary by noting he would “draw up” on police and force them to shoot him.

        Detective Hearn indicated that she felt that she was establishing a relationship with Mr. Soto, but, he would often hang up the phone on her. He would pick up upon calling back. He was resistant to talking about his family. When presented with the concern that his mother and younger sister were crying and pleading with him, Detective Hearn indicated that he grew irate, stating he did not want to talk about them because it was time to talk about him. Detective Hearn attempted to find an emotional connection with him to any portion of his life. He was angered when conversation moved to family relationships, refused to speak about any current personal or legal issues. Several attempts were made to connect with him to illustrate that his current legal situation was temporary and urging him not to make the permanent decision of committing suicide via another person. Mr. Soto repeatedly returned to his knowledge that he was returning to prison and his unwillingness to do so. Detective Hearn attempted to engage Mr. Soto in a conversation about his life after his served time in prison but he repeatedly stated he would not go back to jail. Detective Hearn attempted to discuss the challenges he faced in jail, and if there were additional circumstances around his previous time served that may factor into his staunch resistance to returning to prison in an effort to alleviate any of his concerns. He commented that he would be gone soon but that his family could tell police about the troubles of his life. Detective Hearn indicated that he left little opportunity to find a connection and consistently repeated his plan to force police to shoot him.  He would say things like “stop that psychological bullshit with me.” And “You are just trying to stall me.” Throughout the conversation, Mr. Soto consistently stated his decision to force police to shoot him, stating, “I’m going to light them up.” She indicated that she was trying to find out if he was holding a gun by asking, “Are you touching the gun now?”, and “Would you be willing to at least take your hand off the gun?” She stated that he declared his desire to die no fewer than 50 times throughout their multiple phone conversations.

        Detective Hearn indicated that at some point, Mr. Soto increased the urgency and quickness in his voice, stating he was coming out of the house and would force the police to kill him. Detective Hearn indicated to Mr. Soto that the police don’t want to shoot him. His reply was that if they don’t shoot him, he will shoot them. Prior to disconnecting, she told him to keep his hands over his head and slowly walk out the front door and await instructions. He ultimately slowed down and re-engaged in the conversation.

        Detective Hearn indicated that later in the conversation, Mr. Soto stated he had to make a choice. He asked me “Claire, what’s it like talking to a man who is about to die?” He eventually ended the call.

        Mr. Soto waited a brief period of time and called the negotiator line again. He apologized to Detective Hearn for being challenging to speak with, and he understood that she was just doing her job. His volume of his voice softened and he noted he made his choice and was going outside and would make police shoot him. Detective Hearn told Mr. Soto to be safe and to keep his hands up over his head and walk out. He again apologized to her. Detective Hearn told Mr. Soto that she would meet him outside of his home and he quickly interrupted her by telling her not to come to his home, to not come near the porch. “Sorry Claire, gotta go.” Mr. Soto said goodbye and told Detective Hearn that he was turning off his phone. The phone call disconnected.

        Numerous attempts to call and reestablish communication were made. The phone used by Mr. Soto went to voicemail and was not answered. A period of time later, she was informed Jose Soto was shot.

        Throughout the evening, the pertinent parts of Detective Hearn’s conversations with Mr. Soto were being relayed to CREST personnel at the scene at 181 Oak Street in real time.

        The Capital Region Emergency Services Team (CREST) is a multi-agency Regional Tactical Team staffed by law enforcement officers from 11 area police departments, including Coventry, Cromwell, East Windsor, Enfield, Glastonbury, Manchester, Rocky Hill, South Windsor, Vernon, Wethersfield, and the University of Connecticut.

        CREST was formed in 1999 with its mission to provide a tactical response to critical incidents in member towns. The following are considered Critical Incidents handled by CREST:

        -Hostage Incidents;

        -Barricaded Suspect;

        -Sniper Suspects;

        -High Risk Arrests;

        -High Risk Warrant Service;

        -Special Assignments such as executive protection; and

        -Event protection.

        The team consists of Tactical personnel, Crisis Negotiator personnel, and Tactical Medic personnel. At approximately 7:51 pm on April 02, 2020, the initial CREST activation took place.  CREST personnel began to arrive, and a plan was made. A perimeter around 181 Oak Street had been established by personnel from the Manchester Police Department, and CREST personnel assumed those positions and others as more personnel arrived. The first CREST specialized vehicle arrived on scene at 8:31 pm. 

        Prior to deploying to the residence, CREST team members were informed that Mr. Soto threatened to shoot Parole Officers who went to the residence, and then retreated into the basement. The residence was evacuated and the callout was treated as an armed barricaded subject. There were several radio communications stating that the male wanted “suicide by cop” and that he was going to “draw” on the police.

        At that time, a Mobile Command Post (MCP) had been set up at the Nathan Hale School, 60 Spruce Street, Manchester, CT. It should be noted that the staging area and command post location did not have a view of the scene on 181 Oak Street.  Personnel were updated via radio communications. Detective Hearn and the other Crisis Negotiator team members were working from the closed rear area of the MCP.  All personnel were informed that Crisis Negotiators had Mr. Soto on the phone.  CREST team leaders worked on team member positions as they moved to the scene.  In addition to the tactical operators, tactical paramedics were also deployed with the different elements of the team.

        CREST team members were informed that Mr. Soto was coming out and was instructed to keep his hands up. Multiple CREST team members saw Mr. Soto aggressively exit the house through the front door with the screen door opening quickly. He was instructed to keep his hands up. His hands were not above his head. Instead, Mr. Soto brought his hands from his sides, “punching” his hands up together in a firing position, while holding a black object, as if he was shooting a handgun at the police on scene. Multiple CREST team members thought that they were being fired upon. Several CREST team members fired at Mr. Soto at approximately 9:16 pm. Several rounds struck Mr. Soto, and he fell to the front porch of the house. Mr. Soto was told to show his hands. He did not respond. A K-9 was used check on Mr. Soto to see if he was still a threat. Then CREST team members bought Mr. Soto to the rear of their vehicle for medical treatment by CREST medic personnel.

        CREST Tactical Paramedics Bak, Conley, and Rasmussen were all certified paramedics in the state of Connecticut and were on the scene. All three paramedics indicated that they saw Mr. Soto exit the house in an aggressive manner, holding something in his hands, and while in a shooting position, pointed at the police officers. All three indicated that they thought Mr. Soto was firing a handgun at the officers. All three paramedics rendered medical treatment to Mr. Soto on scene, and ultimately turned over care of Mr. Soto to Manchester Fire/ Rescue, EMS Paramedics Taylor, Mauldin, Milewicz, and Webb.  All are certified paramedics in the state of Connecticut. They continued care on scene and departed for Hartford Hospital at approximately 9:43 pm, arrived at Hartford Hospital at approximately 9:55 pm, where patient care was transferred to Hartford Hospital Emergency Department staff. Mr. Soto was pronounced deceased on 04/02/2020 at 10:12 pm. Hospital staff notified the Office of the Chief Medical Examiner.

        It was determined that four CREST team members fired their weapons: Officer Matthew Alexander of the Enfield Police Department, Sergeant Shawn Krom of the Manchester Police Department, Officer David Williams of the Manchester Police Department, and Officer Shane Murphy of the Wethersfield Police Department. Their weapons and equipment were seized by the Connecticut State Police as evidence that evening.

        Officer Matthew Alexander of the Enfield Police Department and CREST stated that he was dispatched to the town of Manchester for a CREST callout. The page stated that there was an armed barricaded subject at 181 Oak Street. Upon arrival he was tasked with being part of the immediate action team, which consisted of the first officers on a scene. He saw Sergeant Desso of the Manchester Police Department at the staging area and spoke to him briefly. Sergeant Desso stated that Parole went to the home to take Jose Soto into DOC custody. Sergeant Desso stated that while in the house, DOC heard a male’s voice state that he would start shooting if they did not leave. Parole backed out of the home and CREST was called in to assist. Sergeant Desso stated that Mr. Soto was believed to be the sole occupant of 181 Oak St at that time. Officer Alexander entered the back of a specialized CREST vehicle to go to the suspect’s house.

        Officer Alexander indicated that upon arrival at the residence at 181 Oak Street, he exited the CREST vehicle and took a position on the driver side of the vehicle. He indicated that he could see the front door of the home and what appeared to be a back door as well. He indicated that over the radio he received updates, including information from negotiators who were currently on the phone with Mr. Soto that he stated several times he wanted the police to shoot him. Officer Alexander indicated that he learned that Mr. Soto told negotiators that he would come out and draw on the police. A Manchester Police Officer who was in the back of the vehicle at the scene stated that Mr. Soto was on parole for Robbery with a firearm and is the primary suspect of other robberies throughout Connecticut.

        Officer Alexander indicated that at approximately 2113hrs, CREST Commander Glenn Buonanducci stated over the radio that Mr. Soto was given instructions to come outside. Commander Buonanducci stated that Soto was saying sorry over and over again and was given instructions to keep his hands up. Officer Alexander indicated that Mr. Soto’s apologies made him believe that Mr. Soto was not going to surrender but to actually compel a use-of-force situation. He activated the light on his rifle and pointed it at the front door. He indicated that, due to the angle, he could see into the home. There was a storm door that was closed. Officer Alexander stated he saw Mr. Soto come to the door and stand there for a few seconds. He could see Mr. Soto’s face which was grimacing and appeared angry/upset, and his hands were down by his side. Officer Alexander indicated that he yelled to other members of the team that Mr. Soto was at the front door. Officer Alexander indicated that the storm door then flew open and Mr. Soto charged out. He stated Mr. Soto’s hands were at first down by the side and after taking approximately 2 steps out the door he raised his hands up and together as if he was bringing a handgun up on target while moving towards the CREST team members positioned outside the front door. Officer Alexander indicated that due to what he had heard about Mr. Soto’s threats, instructions on how to come out (hands up) and Mr. Soto’s shootings stance when he came out of the house, he believed Mr. Soto was raising a handgun on the CREST team on the passenger side of the CREST vehicle. Officer Alexander stated he fired his rifle at Mr. Soto, who went down on the front steps.

        Sergeant Shawn Krom of the Manchester Police Department stated that he received an automated emergency page requesting Capitol Region Emergency Services Team (CREST) for a barricaded suspect with a firearm. At that time he began monitoring Manchester Patrol radio transmissions. He learned that Patrol units were staged at the residence of 181 Oak Street after attempting a warrant service with the Department of Corrections (DOC) Fugitive Task Force for a parole absconder.

        He responded to Manchester Police Department where he began equipping the Manchester Armored Bearcat and Manchester equipment van. There he met with other Manchester CREST members and responded to the staging area of Nathan Hale School located on Spruce Street, Manchester.

        At this time the decision was made to formulate an Emergency Action Team (EAT) to respond to the residence with the armored Bearcat. This team included CREST Team Leader (TL) Richard Monge and Assistant Team Leader (ATL) Jarred Johnson. Sergeant Krom was among the operators assigned to this group. Commander Buonanducci reported that communication with the suspect had been established with CREST negotiators and asked that we allow their communication to continue instead of administering announcements over the PA system.

        The suspect was identified to Sergeant Krom as Jose Soto. It was reported that when officers made contact with residents of 181 Oak Street, Mr. Soto fled into the basement. It was further reported to him that Mr. Soto conveyed that he was armed with a firearm and threatened to shoot officers. Sergeant Krom also indicated that Detective Jason Moss told him earlier that morning that Mr. Soto was the suspect in an armed robbery in the town of Manchester.

        Sergeant Krom and the initial team that he responded with established a position on the front lawn of 181 Oak Street, relieving Sgt. Justin Gaudino and Officer Robert Johnson. Sgt. Justin Gaudino and Officer Johnson briefed TL Monge and members of the Emergency Action Team about the events that led to their arrival. They reported Mr. Soto’s last known location to be the basement of the residence; however he had unrestricted access to the entire structure. Sgt. Gaudino and Officer Johnson advised that the basement door was located just inside the front entry door.

         At that time the Emergency Action Team confirmed through radio transmissions that Mr. Soto did in fact have an active warrant for the parole violation.

        CREST members continued receiving updated information through fellow team members from negotiators. At one point they were advised that Mr. Soto would be exiting the residence and “drawing,” meaning that he intended to engage officers with a firearm. The suspect did not exit the structure at that time. Sergeant Krom indicated that subsequent updates revealed on and off communication with Mr. Soto. Further updates suggested that Mr. Soto was intending on engaging officers with the ultimate goal of forcing a deadly confrontation. Sergeant Krom indicated that toward the latter stages of the incident Mr. Soto stated that he was “sorry” for what he was about to do. Sergeant Krom understood this to mean that he was moving forward with his intention of forcing a deadly confrontation.

        At that time, Sergeant Krom assumed a position at the driver’s side rear of the Bearcat beside Officer Alexander. Sergeant Krom indicated that a short time after taking this position, Mr. Soto was observed peering out the front door windowpane. Mr. Soto was looking back and forth, his movements were fast and twitchy. It appeared to Sergeant Krom that Mr. Soto was taking note of tactical officers’ positions. He said that Mr. Soto’s hands were not visible at this point, as if he was attempting to conceal something at his side. Sergeant Krom indicated that he heard one of his fellow CREST team members on scene call commands to Mr. Soto to keep his hands in the air. Then, suddenly Mr. Soto abruptly opened or kicked the door and hastily exited the threshold in a direct line toward CREST team members on the passenger side of the Bearcat. As he exited the threshold, Sergeant Krom stated that Mr. Soto assumed what he would describe as a combat shooting stance; crouched with a low center of gravity, both arms extended, hands gripped together with a dark object clasped between them. The object appeared to have a light colored or metallic portion closer to the top. The object had a linear appearance, extending from the suspects hands. It was Sergeant Krom’s belief that the object in Mr. Soto’s hands was the firearm he threatened to use against officers. Mr. Soto’s body position and assumed firearm position were oriented toward tactical officers on the passenger side of the Bearcat. Sergeant Krom stated that in that instant, he believed Mr. Soto was intent on engaging tactical operators with gunfire and the tactical operators lives were in imminent danger. At that time, he discharged approximately two to three rounds at Mr. Soto. Mr. Soto went down on the front porch. Mr. Soto’s lower body was extending off the stairs and his abdomen was visible; however his upper body was not visible to Sergeant Krom. This sequence of events was extremely quick and Sergeant Krom believed that tactical operators had exchanged gunfire with Mr. Soto. He advised members of the Emergency Action Team to hold their cover positions. He then spoke to Team Leader Monge and asked if any tactical operators had been struck by gunfire.

        Sergeant Krom indicated that he instructed his team to resume their cover positions until it could be established if Mr. Soto was still in possession of a weapon or posed a threat.

        Officer David Williams of the Manchester Police Department stated that he was notified of the activation of the CREST. It was reported that a suspect armed with a gun had barricaded himself in a residence located at 181 Oak St. in Manchester. The CREST Team was to report to 160 Spruce St. to stage.

        Officer Williams indicated that he learned that the suspect was identified as Jose Soto. Mr. Soto had threatened to shoot two parole officers who were attempting to locate him. Mr. Soto also threatened to shoot himself. Mr. Soto was last reported to be locked in the basement of the home. It was believed Mr. Soto had a firearm based on his threatened actions, and his family members’ reports. Manchester police officers were currently maintaining a perimeter on the residence and Mr. Soto was still believed to be in the basement. A negotiator was currently in contact with him as well.

        Officer Williams was assigned to go with Sergeant Monge to be part of an immediate action team in the event Mr. Soto decided to surrender or engage the patrol officers that were currently holding the perimeter of the home with gun fire. He and another group of CREST team members loaded into the CREST vehicle armored vehicle to respond to the location. His assignment within this team was to provide coverage from the CREST vehicle’s turret to protect the team.

        Officer Williams said the final parked position of the CREST vehicle was approximately ten yards from the front door of the home. The front door of the home was underneath a covered porch.

        Officer Williams indicated that he used the port in the turret to keep sight of the front door. From the port he could see the entire porch, stairs leading to the sidewalk and the front door. He indicated that the front door was open but the screen door was closed. Lights on the top of the CREST vehicle were used to illuminate 181 Oak Street. He did not see any movement from within the home when they arrived on scene. It was raining at the time of the incident as well.

        Officer Williams saw Officer Michael Williams and Officer Murphy at the passenger side of the CREST vehicle, and that they had opened the front passenger side door for better protection. The rest of the team was located towards the rear of the Bearcat and he did not know their exact locations.

        Officer Williams stated that it was aired over the radio that Mr. Soto was still on the phone with negotiators. While Officer Williams maintained a visual of the front door, a photograph of Mr. Soto was sent out to all CREST team members. Officer Williams viewed this photo and then shared it with the other members of the immediate action team. Other CREST team members, not assigned to the immediate action team, were arriving on scene and relieving other Manchester Police officers from their perimeter positions around 181 Oak Street. Officer Williams also indicated that police officers were also making contact with other residences in the area to ensure they were sheltered in place. He also heard Officer Michael Williams yelling for bystanders to get back in their homes and not congregate in the street so they would not be harmed.

        Officer Williams reported that he heard a police broadcast that Mr. Soto was going to come out and shoot at any police on scene. After a short period of silence, he heard that the negotiators were able to reestablish communication with Mr. Soto. Officer Williams also stated that they were also advised that Mr. Soto claimed to be in possession of a firearm and wanted to commit suicide by police.

        Officer Williams indicated that it was radioed that Mr. Soto was willing to come out and surrender to them. Over the radio, he was notified that Mr. Soto was provided instructions to come outside slowly and with his hands in the air. After a brief period of time he saw Mr. Soto walk slowly across the doorway. Mr. Soto then tucked in behind the right side of the door frame appearing to hide himself. Officer Williams indicated that this was very unusual compared to other surrenders he had been part of in the past. Suspects usually follow the instructions given and open the door slowly and immediately raise their hands.

        Even though Mr. Soto was directed by negotiators to raise his hands, he kept them out of sight. Officer Williams immediately yelled to the rest of the immediate action team that Mr. Soto was at the front door and requested someone to begin giving verbal commands to him. Mr. Soto had his body perpendicular to the door frame to make his outline smaller. Officer Williams indicated that Mr. Soto then peeked out from his position, looked at the officers quickly and returned to his hidden position against the door frame. He did this one more time. While this was happening Officer Williams said he could hear verbal commands being given from a police officer on scene for Mr. Soto to keep his hands up. He saw Mr. Soto turn his full body with a very quick motion towards the door and burst through it. Officer Williams indicated that Mr. Soto immediately raised his arms to chest level with his hands clasped together pointed straight out towards the CREST vehicle as he moved through the door. It appeared he had a black firearm in his hands and was pointing it towards CREST team members standing on the passenger side of the Bearcat. Officer Williams looked through the scope on his rifle and fired one shot at Mr. Soto. Officer Williams indicated that he feared that if he did not shoot Mr. Soto, Mr. Soto would have shot and killed one of his teammates or the innocent bystanders. He said he heard other gunfire at the same time that he shot but could not distinguish where the other shots came from. He put down his rifle and got on top of the CREST vehicle and drew his issued pistol. He indicated that Mr. Soto was not reacting to any verbal commands at this point but was still breathing.

        Officer Shane Murphy of the Wethersfield Police Department indicated that at approximately 7:55 pm he received a text message for a Capitol Region Emergency Services Team (CREST) call out at 181 Oak Street, Manchester, CT for a barricaded suspect with a gun. He responded from Wethersfield to the staging area at Nathan Hale School, 160 Spruce Street, Manchester, Connecticut.

        After arriving at the staging area Officer Murphy got onto the CREST vehicle with several other officers and they left the staging area to go to 181 Oak Street. While on the way to 181 Oak Street, he was informed by that the suspect in the house was wanted by Connecticut DOC Parole and was the suspect for active Robbery in the First Degree investigation from Manchester. He was told that Parole and the Manchester Police Department went to 181 Oak Street in an attempt to serve the Parole and Robbery warrants. His leaders told him once Parole and Manchester Police Department went to the house and spoke to the suspect’s mother, she told them that her son was in the house. Parole and Manchester police heard the suspect yelling from inside the house that he had a gun and would start shooting if anyone came inside. Officer Murphy was also told that the CREST Negotiators were on the phone with the suspect.

        Officer Murphy indicated that after approximately 15 to 20 minutes after they positioned themselves at the residence at 181 Oak Street, Command radioed to them that the suspect told the CREST Negotiators that he was coming out and was going to commit suicide by cop. After a few minutes, Command radioed them again, stating that the suspect was back on the phone with CREST Negotiators.  Officer Murphy indicated that at that point, he returned to the back of the CREST vehicle and checked for further details about the suspect and he saw at approximately 8:53 pm, a photo of the suspect was uploaded, identifying him as Jose Soto, DOB 11/23/1992, as well as pictures of the house. There was also a brief recap of the last few minutes, which stated: “Suspect claimed to be coming out and drawing. Broke contact with negotiators.” “Negotiators regained contact with the suspect.” “Suspect talking about suicide by cop but is not highly agitated.”

        Once he obtained that information Officer Murphy returned to his position by the front passenger door of the CREST vehicle. Approximately 20 minutes later Command again radioed that the suspect was going to come out the front door and had told CREST Negotiators that he was sorry. Officer Murphy stated that at no point in time did the CREST Negotiators tell them that the suspect was going to surrender.

        Officer Murphy indicated that he was facing the front porch of the house. The porch was approximately 10 yards away from him. He heard one of the CREST team members call out that they saw movement at the door. The door was illuminated by a spot light, which allowed him to see slightly into the doorway through the glass. Officer Murphy saw a male quickly look out from behind the glass portion of the storm door; his head quickly moved from his right to left. Officer Murphy believed that he was scanning to see the position of the police. Officer Murphy indicated that several CREST team members yelled out the suspect’s first name, Jose. He said that the storm door flew open.

        Officer Murphy said that he heard Officer Mike Williams yell, “Jose, keep your hands up” at the same time the suspect came running out of the house onto the porch. Officer Murphy indicated that the suspect brought both of his hands from his waistband, his right hand from his right side and his left hand from his left side and drew them together in front of his chest. He was slightly crouched and punched his arms out, extending his arms in front of his chest in a firing position. As the suspect did this, Officer Murphy saw what he believed to be a silver muzzle of a handgun in his hands. Officer Murphy indicated that he feared for his own life, as well as for the life of his teammates, and fired his patrol rifle at the suspect. He believe he may have fired twice. Officer Murphy indicated that at the same time he fired, he believed that the suspect also fired at him.

        A search and seizure warrant to search and seize evidence at 181 Oak Street was applied for and granted by a Superior Court Judge. During the course of the investigation, items of evidence were seized from the scene, from the officers involved, from the Manchester Police Department, and from the OCME.  There was no gun recovered in the area of the front porch. There was no gun was recovered from the basement. A black cell phone was recovered on 2^nd step of front porch. This phone, after a search warrant was granted by a Superior Court Judge to examine, was determined to be the phone Mr. Soto was using on 04/02/20, and was determined to be the black object he pointed at police as he emerged abruptly from the residence.

        At the time of this incident, the Manchester Police Department did not utilize Body Worn Cameras (BWC) for its officers. At the time of this incident, CREST did not utilize BWC. At the time of this incident, the Manchester Police Department equipped its police patrol vehicles with dashboard cameras. This investigation determined that during this incident, one of the Manchester Police Department cruiser’s camera captured part of this incident because it was pointed in the direction of 181 Oak Street. CREST radio transmissions are not recorded and at the time of this incident, and negotiations by CREST Crisis Negotiators were not recorded.

 

A. Initial Responding Law Enforcement Report

    1.     Board of Pardons and Parole

            a.     Parole Officer John Lindgren

        Parole Officer John Lindgren gave the following statement to Detective Vayan of the Connecticut State Police: “On 04/02/2020, at approximately 700PM, this parole officer and parole officer Vieira were attempting to conduct a field interview of Noraida Diaz, who resides at 181 Oak Street, Manchester, Connecticut. Purpose of the interview was to gather intelligence of the whereabouts of her son. Noraida Diaz is the mother of Jose Enrique Soto # 379577 DOB 11/23/1992. Soto is currently a parole absconder and has a file 05 wanted person in COLLECT by the Connecticut Department of Correction Parole Fugitive Unit. Soto is on parole for Robbery 1st and has been an absconder since 10/07/2019. Since absconding from parole, Soto has been identified in several robberies in several towns in Connecticut. Based on this information, this parole officer had a case conference with Parole supervisor Edward Kendall, DOC Parole Fugitive Unit supervisor, and was directed to make the case a high priority due to criminal history and recent involvement in violent crimes. This parole officer and parole officer Vieira developed a plan to investigate. Upon arrival to 181 Oak Street this Parole Officer and Parole Officer Vieira knocked several times at the front door of the residence. After a few minutes an older Hispanic male came to the door and said he needed to get a mask, due to the current COVID19 virus situation. The unknown older male Hispanic did not return to answer the door. Parole officer Vieira again attempted to knock on the front door with no contact being made. This parole officer held the position in the front of the building while parole officer Vieira checked the rear and spoke to a male neighbor about who lives at the address in question. Parole Officer Vieira returned to the front and continued to knock on the front door and call out to Mrs. Diaz. This parole officer relocated to the rear porch area of the property to cover the rear and side of the residence in case the subject was inside the residence. Parole Officer Vieira made verbal contact with a subject who was inside the residence. This parole officer while covering the rear and side did observe an older Hispanic women through the kitchen window, who was wearing a mask and gloves, assumed to be Noraida Diaz. I could see she was in distress and was visibly upset, possibly crying. She was making some gestures with her hands that I could not comprehend. I reported to Parole Officer Vieira that I could see a female, presumed to be Mrs. Diaz and relayed her condition. Parole officer Vieira continued to call out to Diaz and speak to an unknown subject in the residence. The unknown male was verbally resistive and did not want to cooperate with Parole Officer Vieira’s instructions. Mrs. Diaz was in the stairwell near the kitchen and it appeared she was not being allowed to exit the residence by a male subject who was possibly near the kitchen. Parole officer Vieira yelled out to this parole officer to contact Manchester PD and let them know the subject, Jose Enrique Soto was the possible unknown male who was communicating with Parole Officer Vieira. Mrs. Diaz exited the building and was speaking to Parole Officer Vieira. Parole Officer Vieira instructed for me to continue covering the rear of the residence and hold the perimeter until Manchester PD arrived on scene. [At] approximately 736PM police resources were arriving. Manchester Police relieved me of my rear post and I assisted Parole Officer Vieira with calling out to the older Hispanic male who originally contacted us at the door to leave the residence with a younger Hispanic female who were still in the residence. Once those parties were in a safe location, I returned to the rear of the residence with a ballistic shield, given to me by Manchester Police, to maintain cover in an exposed area. This parole officer could observe that the rear door was near the kitchen and it was secured with a security chain. This information [was] relayed to Manchester Police in the rear of the building. I maintained my post until further Manchester police officers arrived with long guns. This parole officer had the best visual of the rear door if the subject wanted to egress from the building. At approximately 815PM this parole officer was instructed to take cover in the front of the building, behind a Manchester PD vehicle, and assist front officers in case the subject came out the front door. At approximately, 835PM members of Capitol Region Emergency Services Team (CREST) took over our position in the front of the building. This parole officer and parole officer Vieira were taken to the command post at 160 Spruce Street Manchester. At approximately, 842PM this parole officer contacted parole supervisor Kendall and advised him of this situation. Parole supervisor Kendall responded to the command post location for a briefing of events. At approximately, 913PM, while inside the CREST command post, this parole officer and parole officer Vieira were informed that Jose Soto exited the residence and an officer involved shooting had occurred. At approximately, 1030PM this parole officer and parole officer Vieira along with parole supervisor Kendall were instructed to go to Manchester Police Department, 239 Middle Turnpike E, Manchester for a debrief with PIO Lt. Shea of Manchester police department and an interview with members of the Connecticut State Police Western District Major Crimes.”

            b.    Parole Officer Frank Vieira

        Parole Officer Frank Vieira gave the following statement to Detective Vayan of the Connecticut State Police: “On April 2, 2020 at 8:05 AM, this officer was contacted by officer Lindgren and informed of the following information concerning parole absconder JOSE ENRIQUE SOTO #379577. The absconder currently on Special Parole supervision for a 2014 Robbery 1st in Manchester, CT, currently is a prime suspect in armed Robberies in multiple towns and cities in the state of Connecticut that included Manchester, Vernon, Milford, Waterbury, [and a] bank robbery in West Hartford in October 2019, and most recently an armed Robbery in Ansonia, Connecticut on 3/23/2020. The subject displayed a silver pistol and discharged one round past the clerk. Officer Lindgren stated that he had a case conference with Parole Supervisor Edward Kendall of DOC PCS Fugitive Investigations Unit, and was directed to make the case a high priority due to criminal history and recent involvement in violent crimes. This officer and officer Lindgren developed a plan to investigate the fugitive case throughout the day to identify all family members and possible associates and develop possible leads of whereabouts of parole fugitive JOSE ENRIQUE SOTO #379577.

        At 6:15 PM, this officer met Officer Lindgren at Hartford CCC parking lot for quick briefing and review of today’s investigative leads and decided to conduct field interviews with family members and past girlfriends to possibly develop new information on whereabouts of parole fugitive JOSE ENRIQUE SOTO #379577. The first address was 181 Oak Street Manchester, Connecticut for Noraida Diaz the mother of parole fugitive JOSE ENRIQUE SOTO #379577. The mother had cooperated with law enforcement in the past, and recently numerous detectives from various investigating agencies have visited the home for interviews.

        At 7:00 PM, this officer along with officer Lindgren arrived at 181 Oak Street Manchester, Connecticut, and knocked on the front door of the residence. After a few minutes an older Hispanic male answered the door, I requested to speak to Noraida Diaz and the older Hispanic male stated ‘Please wait, I need protection due to the recent virus and will come back to the door.’ The unknown older Hispanic male did not return after 10 minutes, so I continued to knock on the front door once again with no response. The front door was left slightly opened and I can hear other people in the residence, I continued knocking on the front door, then attempted to knock on the kitchen window and the rear entrance of the house with negative response, I then returned to the front entrance door, began calling for the older Hispanic male and Noraida Diaz to please come to the front door and speak to this officer from the doorway. This officer still had no response, but then shortly after started communicating with an unknown younger male subject who was hiding behind a basement door about 8-10 feet from the front doorway that opened into the kitchen, but also blocked my view to the stairwell that lead upstairs. The unknown younger male subject started yelling, ‘Get the fuck out of here, my mother doesn’t want to talk to any police, I just talked to her and she’s tired of talking to you guys about my brother, Get the fuck out.’ I told the subject that needed to talk to mother and make sure she’s safe. The male subject started becoming more verbally abusive and confrontational behind the basement door. I asked the male subject to please identify himself and step into the kitchen away from behind the door, so I can visually see him. The male subject became more agitated and refused to step from behind the basement door, and stated that he’s Joshua Soto brother of JOSE ENRIQUE SOTO. I continued to call out for Noraida Diaz, and started hearing the male subject communicating in Spanish with a female up the stairwell from behind the basement door. The subject stated the following, ‘Please mommy, please mommy don’t let them in.’ I immediately had a strong sense that the male subject behind the basement door was JOSE ENRIQUE SOTO. I immediately notified Officer Lindgren to notify Manchester Police Department for assistance and cover the back entrance of residence due to the parole fugitive possibly being in the residence. I continued to call for Noraida Diaz, who finally came down from the stairwell into kitchen and started communicating with me, I asked if she could step outside on the front porch and talk to me, she agreed to come outside. Once I had Noraida Diaz outside, I asked her if her son JOSE ENRIQUE SOTO was in the residence, and she responded, ‘Yes.’ I then asked if he had a firearm, and stated, ‘I think he has a gun and that he may try to harm himself.’ I asked Miss Diaz who else was in the residence, she stated that her 15-year-old daughter and her boyfriend who answered the front door earlier were still inside the residence. I directed Miss. Diaz please call out her daughter and boyfriend to come outside, but do not enter back into residence. I stood with the mother at the front entrance as she called for her daughter and boyfriend, and heard JOSE ENRIQUE SOTO becoming more agitated and stated the following to his mother, ‘if they come in here I’m going to start shooting.”

        At 7:36 PM, Manchester Police Sgt. Desso arrived at the scene and was briefed on the situation and that we needed more officers due to the wanted parole fugitive being in the residence and possibly in possession of a firearm. Sgt. Desso was also informed that the parole fugitive was a suspect in multiple armed robberies throughout the state. Sgt. Desso immediately contact Manchester Police dispatched and shortly after more patrol officers arrived to secure a perimeter and containment of the subject in the residence. Sgt. Desso assisted this officer with getting the 15-year-old daughter and boyfriend out from the residence and safely secured up the street with a patrol officer. The mother Noraida Diaz was then directed to go up the street to the location of her daughter and boyfriend. This officer and officer Lindgren along with Manchester Police Patrol officers continued to maintain a secure perimeter around the residence and containment of the subject for a period of time.

        At 8:15 PM, Sgt. Desso informed this officer the Capitol Region Emergency Services Team (CREST) was activated and will shortly be taking over the scene from Manchester Police and Parole Officers.

        At 8:35 PM, Sgt. Desso had Manchester patrol transport this officer along with officer Lindgren to the CREST Command Center Post at 160 Spruce Street Manchester to provide information on parole fugitive JOSE ENRIQUE SOTO #379577.

        At 8:42PM Officer Lindgren contacted Parole Supervisor Edward Kendall and advised him of the situation.

        At 9:13PM, while inside the CREST Command Post, this officer was informed that JOSE ENRIQUE SOTO exited the residence and an officer involved shooting had occurred.

        At 10:30PM, this officer and Officer Lindgren were instructed to go to Manchester Police Department at 239 Middle Turnpike E, Manchester for a debrief with Lt. Shea and speak to investigators from Connecticut State Police Troop A Western District Major Crime Squad.”

 

    2.     Initial Manchester Police Department Personnel

            a.     Officer Timothy Rago/Manchester Police Department

        Officer Rago filed the following sworn report: On 4/2/2020 at approximately 1933 hours, Ofc. Fullana, Sgt. Desso and I were dispatched to 181 Oak Street for an assist parole agency.  Dispatch advised responding officers the parole agency was attempting to apprehend a male subject by the name of Jose Soto (DOB 11/23/92), which they reported they had an arrest warrant for.

        Upon the officer’s arrival, I met with one of the parole officers who informed me they had an arrest warrant for Jose and were attempting to have him come out of the residence.  They also reported he was the suspect in potential robberies and had been known to carry firearms.  At that point, I went back to my police cruiser and deployed my department issued rifle to employ as long cover on the residence.  One of the parole officers requested this officer go and secure the rear of the residence in case he decided to flee the residence.  I then proceeded to the rear side of the residence (also known as the 3 side).

        While on the 3 side of the residence, Ofc. Fullana and Sgt. Desso arrived on scene.  Ofc. Fullana secured the east side of the residence (also known as the 4 side), and Sgt. Desso spoke with the parole officers in the front of the residence.  I could hear them speaking with a female party at the front door and they were attempting to have her exit the residence.  I continued to speak with one of the parole officers and listened to the radio from Sgt. Desso.  I heard them mention the male party, Jose, was inside the residence and had gone down in the basement and barricaded himself down there.

     Sgt. Desso called for this officer to come to his position in the front door of the residence to cover down on the front door, which had partial visual view of the basement door he went down.  This officer heard multiple parties mention that Jose had made comments about harming individuals if they were to come inside the residence to get him.

        This officer continued to hold long cover on the front door, while Ofc. Brouillard pulled up a police cruiser to the front of the residence to act as a barricade for officer safety.  The position that appeared to have the safest and clearest view of the basement door, was next to a shrub located in the front of the property.  I informed Ofc. Brouillard to pull up the police cruiser right on top of the shrub to give officers the most effective barricade/cover to the front door.  Ofc. R. Johnson and I then continued to hold on the front door/basement door while using the police cruiser as cover and a barricade.

        Sgt. Desso had requested the response of the Capital Regional Emergency Service Team.  Once the team was activated, eventually the armored vehicle came to 181 Oak Street, which replaced Ofc.R. Johnson and this officer’s position in the front yard.  As the armored vehicle was pulling up to the residence, this officer drove the police cruiser away from the front of the residence.  Sgt. Desso ordered this officer to bring the two parole officers to the Nathan Hale School to the Command Post of the incident.

        Once the parole officers had gone to the Command Post, this officer acted as an operator for the Capital Region Emergency Service Team and went back to the residence at 181 Oak Street.

        Once I drove the parole officers to Nathan Hale School, that concluded this officer’s involvement as a patrol officer in this matter.  From then on, this officer was acting on behalf of the CREST.

           b.    Sergeant Adam Desso/Manchester Police Department

        Sergeant Desso filed the following sworn report: On 4/2/2020, at approximately 1933 hrs. I was assigned as the evening shift supervisor and responded to 181 Oak Street for an assist for Parole Fugitive Task Force.  Dispatch stated Parole was going to this address for Jose Soto who holds a warrant from Parole.  At the time Parole did not have a DOB for the suspect.  As officers responded, Ofc. Rago requested dispatch to get a staging area to meet Parole.  Dispatch advised units that Parole was already at the residence attempting to make contact with the suspect and had already been in contact with the suspect’s mother, who confirmed Jose was inside.  Parole was asking for MPD units to setup a perimeter outside the house.

        As I arrived on scene, Ofc. Rago had already taken up a perimeter position to the rear of the house.  I made contact with the Parole Officers, Frank Vieira and John Lindgren who were speaking with Jose’s mother, Noraida Diaz (7/6/65) on the front porch.  They informed me she believed that Jose may be in possession of a firearm and has a history of firearms related offenses.

        Parole also informed me that while speaking with Noraida prior to our arrival, they believe to have observed Jose inside the home.  When they attempted to speak with him he stated he was his brother and went into the basement.  It was at this point where they confirmed it was Jose and his mother said he possibly has a firearm in the basement.  While attempting to speak with Noraida, she appeared extremely nervous and concerned for her family’s safety because Jose had gone into the basement with a gun.

        I removed Noraida from the front porch, leaving the front door open with a view of the closed basement door.  I questioned her if there was anyone else inside the house and she informed us that her boyfriend “Tony” and her daughter Nicole Rivera (6/24/04) were the only other individuals inside.  Noraida attempted several times to yell to them to get them out of the house.  While attempting to get them out, I observed the basement door abruptly open and heard a male’s voice yell something similar to, “If you come in I’m going to be shooting”, and the male made references to killing everyone.  After these comments, the door slammed shut.  We were able to call to the other occupants and safely removed them from the residence and secured them in the rear of my patrol vehicle.  Noraida now realized the severity of the situation and stated that she wasn’t sure if Jose actually had the gun.

        At this point I had an established perimeter around the house with Officers Jackson and Brouillard covering the 2/3 corner of the house, Ofc. Fullana covering the 4 side, and Officers Rago and R. Johnson covering the 1 side with the view of the basement door.  A patrol vehicle was positioned on the front lawn directly in front of the doorway.  This position allowed for officers to keep the clear line of sight on the basement door and provided them cover.  I began to have perimeter officers notify the houses in close proximity to remain inside and notified dispatch of our actions.

        I made notification to Capt. Grant and informed him of the situation up to this point.  Due to the fact we had a dangerous convicted felon possibly armed with a firearm barricaded in the basement already making threats of violence, I advised him I wished to activate the Capitol Region Emergency Services Team (CREST).  Capt. Grant agreed and the notification was made to the Team Commander.  A command post was established in the Nathan Hale School parking lot located at 160 Spruce St.  I advised Noraida and her family to relocate to this location and officers would meet them there in order to gather more information.

        While on scene Parole officers stated they had previously been in contact with Det. Moss regarding Jose but failed to have any further details.

           c.    Officer Cory Fullana/Manchester Police Department

        Officer Fullana filed the following sworn report: On 02 April 2020 around 1930 hours, Officer Rago and I were dispatched to 181 Oak Street to assist another agency.  Sergeant Desso and Sergeant Gaudino responded to the location as well.  Dispatch stated that Parole was requesting the assistance of the Police Department to set up a perimeter while they attempted to take Jose Soto (DOB – 23 November 1992) into custody for an active arrest warrant.  Dispatch stated that Jose is known to carry firearms and has a criminal history that involves robberies.

 

        Upon arrival, I took up a position on the South East corner of 181 Oak Street in the event that the suspect attempted to flee out of one of the four windows on the East side of the residence.  I observed Sergeant Desso and the Parole Officer speak with a female, later identified as the suspect’s mother.  She was standing in the front door of the residence of 181 Oak Street.  One of the Parole Officers stated that the suspect’s mother had told them that Jose was possibly in possession of a handgun and had barricaded himself in the basement.  The Parole Officers stated that Jose had made comments about shooting individuals if they entered the residence to get him.

        Sergeant Gaudino, Officer Brouillard, and Officer Jackson took up a position on the North side of the residence.  I observed Officer Rago take up a position at the front (South) of the residence with his patrol rifle.  Officer Brouillard drove a marked police cruiser to the front of the residence as a barrier in the event the suspect opened fire.  Sergeant Desso then spoke with the suspect’s mother and informed her that we needed any other individuals inside the residence to exit immediately.  The suspect’s mother needed to be told several times to have any individuals inside the residence exit immediately.  I then observed the suspect’s mother, an older Hispanic male and a younger female exit the residence and walk East, away from my location with Sergeant Desso.  I asked the male where the suspect was located and he stated that the suspect was still in the residence locked in the basement and the suspect might possibly have a weapon.

        Sergeant Desso told Dispatch that CREST had been notified of the incident and would be responding.  I maintained a position on the South East side of the residence for the duration of the incident.  Around 2030 hours, the Bearcat arrived on scene with members of CREST.  I overheard members of CREST state that members of the negotiation team were attempting to have the suspect exit the residence. 

          d.    Sergeant Justin Gaudino/Manchester Police Department

        Sergeant Gaudino filed the following sworn report: On April 2, 2020, I was working as an evening shift patrol supervisor.  I was assigned an unmarked patrol SUV (363MA) for the duration of my shift.  At all times I was in my full patrol uniform, clearly identifiable as a Manchester Police Officer.

        At about 7:33, I overheard dispatch send two patrol units to 181 Oak Street to assist another agency.  It was broadcasted that Parole was requesting police assistance with setting up a perimeter while they attempted to take Jose Soto into custody.  Sgt. Desso and I responded to the incident as well.

        While enroute to the address, dispatch advised us that Jose is known to carry firearms and has a history of committing robberies.  Parole had an active arrest warrant for Jose.

        Upon arriving at the address, I observed Sgt. Desso and two Parole Officers speaking with a female at the front door.  I took a position at the rear of the residence in the event the suspect attempted to flee towards the rear while officers made contact at the front door.  While in position, Sgt. Desso advised over the radio that the suspect was confirmed to be inside the residence and barricaded himself in the basement with a firearm.

        Ofc. Brouillard and Ofc. Jackson arrived to assist me with maintaining the rear perimeter.  We took a position behind a white van that was approximately 30 feet from the rear of the residence.  While they were maintaining cover, I made contact at three separate residential homes directly north of the suspect residence.  I advised the occupants that there was a barricaded subject inside the home and they needed to remain in a safe area of their home until told otherwise.

        I walked west through the backyard of 173 Oak Street and made my way to Sgt. Desso’s location behind a patrol SUV directly in front of 181 Oak Street.  At about 8:08 PM, Sgt. Desso gave me command of the scene while he moved to Nathan Hale School, 160 Spruce Street, to command the CREST staging area.

 

B.       Civilian Witnesses

 

1.       Noraida Diaz

          181 Oak Street, Manchester, CT

 

        Noraida Diaz provided Detective Koeppel of the Connecticut State Police with an interview on 08/26/20. She declined to provide a written statement per the request of her Attorney, Devon Jacob. Detective Koeppel stated she escorted Ms. Diaz to the Connecticut State Police Troop H spare interview room. Upon entry, Detective Koeppel called Attorney Jacob on the telephone, as he was out of state and was soon connected to him and advised him Ms. Diaz, Detective DeJesus of Connecticut State Police, and she were all present in the room. Introductions had already taken place, and the interview was ready to begin. Detective DeJesus assisted with Spanish translation for Ms. Diaz.

        Detective Koeppel began the interview by asking Ms. Diaz to tell her what happened that day, leading up to the incident. Ms. Diaz explained the entire incident in Spanish, and Detective DeJesus translated it.

        Ms. Diaz stated that two men came to the house and knocked on the door, looking for Jose Soto. They were dressed in civilian clothes. Ms. Diaz asked who they were. They stated they were from parole and they had an arrest warrant for Jose, from October of 2019. Jose, at this time, was in the basement, because two days prior he reached out to Ms. Diaz and told her he had nowhere to go so she allowed him to come to the house. Ms. Diaz stated she had a house rule and she asked him to take off his clothes because of everything that was going on with Covid. When he went to the basement, he took everything off and he also came with nothing. Ms. Diaz stated she took Jose's clothes and put them in a garbage bag. She had a set of clothes ready for him and Jose was going to wash up. Ms. Diaz stated she had Jose set up this way out of precaution because she didn't know where he had come from and in the name of safety, she was going to leave him in the basement for a couple days and ultimately bring him to a bedroom after that. But Jose was going to be in the basement for the time being. Ms. Diaz stated Jose never left the house. The day of the incident, around 7:00PM, there was the knock on the door.

        Ms. Diaz reiterated she was at the doorway and she knew it was the Parole Officers at the front door. At this time, Jose was walking up the stairs from the basement, and Ms. Diaz assumed Jose heard the knock at the door, so Jose asked Ms. Diaz who it was and she told him it was Parole. Ms. Diaz added she referred to Jose as Gordo. Ms. Diaz stated at this point, the front door was closed and she was a bit nervous as Jose was acting a bit anxious. Jose told his mother to just go and he would take care of/handle it. Ms. Diaz then stayed in the immediate area but moved to the staircase going upstairs and stood on the third step. Diaz stated Jose was then on the main floor of the house. Ms. Diaz stated, because she believed the front door wasn't open, that the Parole Officers took that time to knock on the door again. The Parole Officers could see her; they called her by first and last name and they asked her if she was ok and if everything was ok. Ms. Diaz stated that while the Parole Officers were talking to her, it struck her that their voices sounded clearer. So Ms. Diaz believed a Parole Officer was now in her living room, inside the house. She didn't see him open the door but she recalled the door was shut but not locked. So the next thing she knew, a Parole Officer was in her living room, although she did not see him come in. Diaz then called out to Jose, who was at the basement doorway that he, the Parole Officer, was inside the house. Jose answered Diaz saying the Parole Officer was not supposed to be there. Jose then spoke directly with the Parole Officer and told him he was not supposed to be there, inside the house, and asked who was he and why he was there. The Parole Officer then asked Jose who he was. Ms. Diaz stated she believed the Parole Officers already knew who Jose was but they wanted to confirm it. Ms. Diaz added her address was the address of record with Parole so she understood why they were at her house.

        Ms. Diaz told the Parole Officer she would talk to him outside the house, on the porch, so they went to the porch. She asked the Parole Officer if he had an arrest warrant for Jose. The Parole Officer had a rolled up paper and motioned with his hand that the paper in his hand was the warrant. She asked to see it and the Parole Officer stated no. She asked the Parole Officer if he had an arrest warrant, why couldn't he show her. She believed, based on the Parole Officer's reaction that her asking was confirming to the Parole Officers Jose was inside the house. Ms. Diaz described the location of the Parole Officers, saying one was with her, on the front porch, and one was further on the outside of the house, towards the basement. Ms. Diaz believed the second Parole Officer who was further outside the house was making sure no one was leaving the house. The Parole Officer with her asked her to confirm if Jose was there at the house and she replied saying she never told him he was there. Ms. Diaz explained she did not tell the Parole Officer Jose was there but she believed the Parole Officer believed Jose was there based on the interactions. Ms. Diaz continued stating she believed Jose sensed she was nervous and anxious and yelled out to the Parole Officer to leave his mother alone and he would handle it. Diaz believed that moment was confirmation to the Parole Officer that that was Jose. Jose then said, while still standing at the doorway of the basement, to leave his mother alone and that he had a gun.

        Going back to the moment after Jose said he had a gun, a police officer arrived in a patrol car and once Jose said he had a gun, this police officer physically pulled her from the house. The police officer asked her if anyone else was in the house and she answered her husband (her boyfriend at the time) and her sixteen year old daughter. Ms. Diaz stated they, everyone in the house, was wearing evening house wear, and they were removed from the house in those clothes they were wearing. It started to rain and seemingly out of nowhere, the place just filled with law enforcement.

        Ms. Diaz stated she saw many officers, some carrying long guns and some carrying pistols. She thought this might be the end for her son so she told her son, "Gordo, turn yourself in." Ms. Diaz explained she was standing on Oak Street when she yelled this towards her house and Jose. She stated within ten minutes, the place was flooded with officers and she believed this was previously organized. Ms. Diaz stated she didn't believe there needed to be that many officers. She then told the officers around her, "Don't kill my son." She also stated she told the officers Jose didn't have anything.

        Ms. Diaz added that she knew Jose lived an "outside of her house type of life," and got involved with things that landed him in halfway houses and so forth but in her house, she ran it very strict and had rules, and they were abided by. She stated in the past, she had called officers on Jose. She stated this to say she was confident Jose had nothing on him. Ms. Diaz stated she would rather have pain in her arm than pain in her heart; she would rather Jose be in prison than have been killed.

        Ms. Diaz, her husband (her boyfriend at the time), and her daughter were then placed in a car because it was raining hard. She stated she wanted to go in the house but the officers wouldn't let her, and she was confident Jose had nothing on him. She stated she and her family were then taken to Nathan Hale School on Spruce Street. She stated within a half hour of getting to Nathan Hale School, there was a SWAT team and a Command Post along with a lot of officers. A negotiator approached Diaz and asked her about Jose. Ms. Diaz stated that shared Jose had PTSD and had problems going between jail and half way houses. She stated Jose had cried to her in the past that he was tired of being locked up. She stated the negotiator was taking notes and Ms. Diaz pleaded with the negotiator to please not kill her son. Ms. Diaz stated around 9:15 pm, she and her family were taken to the Manchester Police Department. Around 10:45 pm, Diaz stated she was informed that her son had been killed.

        Ms. Diaz stated they killed him for nothing, he had nothing, and she warned them he had nothing. Ms. Diaz stated all she wanted to know was why Jose was killed; there were other methods they could have used to get him, such as hurt his legs or something like that. Ms. Diaz recognized Jose had issues and there was a high likelihood Jose would end up in jail and she accepted that at some point she would probably be visiting him or sending him money but she didn't think she would lose him. In her thirteen years of living in Manchester, she grew to have faith in Manchester Police Department based on her interactions with them in the past and she thought they were good.

        Detective Koeppel asked Ms. Diaz if she told any of the Parole or Police Officers that she spoke with that day that Jose had a gun. Ms. Diaz stated, “No.”

        Ms. Diaz then added she learned from neighbors who were home at the time, the police killed her son at 9:35 pm, which led her to believe there were no negotiations performed, he was just killed. Ms. Diaz stated she believed she was removed from her house and sent to the school because the police had every intention of killing her son and they didn't want her to hear the gunfire. She didn't believe there was any other reason for her to be taken to the school.

        Ms. Diaz then highlighted the time frame of events surrounding the death notification. She stated she was brought to Manchester Police Department between 9:10 and 9:15 pm. She stated she was told by her neighbors, her son was killed at 9:35PM but she wasn't notified until 10:45 pm. Ms. Diaz stated she remembered vividly the time she was notified because she was looking at a clock when she was told. Ms. Diaz then asked Detective Koeppel what was going on in between that time frame. Detective Koeppel told her that Jose was transported to the hospital and was being worked on during this time. Ms. Diaz then asked if during that time, when Jose was transported to the hospital, was Jose alive. Detective Koeppel said yes. Ms. Diaz then asked if Jose died soon after getting to the hospital. Detective DeJesus stated that should be documented as the time of death but Ms. Diaz stated she hadn't seen anything referencing that. Detective Koeppel stated Jose died shortly after getting to the hospital, although she could not speak to exactly how long he was there for. He was alive when he arrived at the hospital, they continued to work on him, and he died shortly after. Ms. Diaz stated ok.

 

           2.       Anthony Vazquez

                     181 Oak Street, Manchester, CT

 

        Anthony Vazquez gave the following signed/sworn statement to Detective Barbero of the Connecticut State Police:

        "I am engaged to Noraida, the mother of Jose Soto, we've been together for about 5 years, since about 2015. We got engaged about a year ago now, and I've been living at 181 Oak St. with her for about 2 months now. I just got back from Puerto Rico, that's where I was living before, back and forth. Noraida has 7 children, Jose is her first boy, I didn't meet Jose until he got out of prison about a year ago, when he was in a halfway house, he went back to prison after that, he just got released a while ago, he's been in and out of the system his whole life. Mostly petty crimes, but also robbery most recently and I think he did about 7 years in prison for that.

        He got to the house at 181 Oak St. about 3 or 4 days ago, but he had been texting back and forth with his mother before that, trying to get back in the house, wanted forgiveness. About 3 or 4 days ago Noraida gave in and let him into the house to let him stay in the basement, with all this Pandemic and COVID, we wanted him to be safe. When he got to the house, because we are taking this Pandemic seriously, we disinfected his clothes, we took all his clothes off and gave him new clothes, sent him to the bathroom to take a shower, and he did not have a gun on him. We saw what was on him, he had no bags, no nothing, he came with what he had on, the clothes he's wearing now are actually my clothes. I know that he didn't have a gun on him, he didn't have nothing with him. After that, he went to the basement, and slept for 2 or 3 nights, there's only one door in and out of the basement, I even put a trash can out back so I'd know if he left. He never left, he would communicate with us through text, because we wanted to keep the separation because of this pandemic. He did bring weed with him, because I smelled it, he'd never admit it, but I did smell it, I didn't see it, but I smelled it. He would text mama, and ask for food, whenever she cooked, she'd put a mask on, bring him food to the stairs, he'd come and pick the food up and bring it back downstairs. I did the same when I got him cigarettes, I'd leave them at the top of the stairs for him.

        Last night at about 630 or 7 pm, I hear a knock at the door, the dog barked, I go downstairs, I open the door, and there's a guy there who said police or PO, I'm not exactly sure, he shows a badge. He didn't have a mask or gloves on, which kind of freaked me out. The house isn't in my name, it's in Noraida's name, I told the guy I would get some protection, put a mask and gloves on, and then come back. I told ‘Nory’ (Noraida), I think they're here for ‘Gordo’ (It's what Noraida called Jose), I hear Gordo say, ‘Don't open the door, they can't come in, they're not PO, they can't come in.’ I didn't want to get involved, I told Nory that, so I took the dogs and went upstairs to the bedroom upstairs. Then I hear Nory and Jose talking back and forth, Nory was telling him to turn himself in. Jose didn't want to give up, he kept saying they can't come in, the whole time the guy at the door kept knocking, saying, ‘this is the police open the door.’ The dogs were barking, I was getting nervous. Then after 5 or 10 minutes I saw flashlights in the window, more people arriving, I thought we were surrounded. Gordo started talking to them, ‘You ain't fucking coming in here, you got my mama nervous, get outta here.’ The guy outside asked his name, and Jose said his name was Joshua, and to get out and get away.

        Then right after that, after the yelling, Nicole (younger sister) is freaking out, crying, I tried to calm her, the dogs were still barking. Gordo is still going back and forth with the police or PO's outside. Then Nory went outside, and called me outside, she left the front door open. I grabbed Nicole, I said Nicole let's go. So I just walked out with Nicole, I didn't grab nothing and closed the door so the dogs stayed in the room. When I walked out that's when Manchester PD showed up with AR-15's. Nory was yelling inside for Gordo to come outside, but he wouldn't come outside. About 20 minutes after, they moved us to the high school which was a staging area or something. We tried telling the police that Jose did not have a gun, there's no guns in the house, even if he said he had a gun he doesn't have a gun we told them.

        Jose had PTSD, he's diagnosed with it, all the trauma he's been through, throughout his life. I know he was medicated in prison, so it's been a while for the diagnosis.”

 

 

3.    Demario Hanson

       26 Knighton Street, Manchester, CT

 

        Demario Hanson provided the following signed/sworn statement to Detective Lopriore of the Connecticut State Police:

        “I know Jose Soto (Jay) through my wife, Carla. Carla and Jose have a son together, Jayson. I first met Jose about nine years when he got out of prison. We only met face to face two or three times. Jose was not involved with his son, so I took to raising Jayson with Carla. I feel every child needs a father, so I did my best to raise Jayson as his dad. Jayson began calling me, ‘Dad,’ and when Jose found out, he did not approve.

        My first interaction with Jose was after he caught wind of Jayson calling me, ‘Dad.’ Jose asked that I encourage Jayson to view him as his father. I agreed, but told Jose he had to do his part. Jose asked that I get him a job. I provided him with three job applications, but nothing ever came of it. I heard a rumor shortly after that Jose robbed a gas station. All other interactions with Jose were over the phone. Jose had supervised visitation with his son, but he always wanted to meet outside. Jose always tried to go outside the parameters of the supervised visitation. My phone conversations with Jose would sometimes get hostile.

        Jose called a couple of times in a suicidal state. I remember his first suicidal call was during a Broncos/Raiders football game. Carla and I began the adoption process for Jayson. Jose simply signed his rights away to Jayson. This was the last time I saw Jose face to face. I know Jose was in a suicidal state of mind more than once, at least two or three times.

        On the night of the incident, Carla and I were in bed around 7:30. We had just put our son, Jackson, down for the night. Jay called Carla, but she didn't recognize the phone number, so I answered the call. It was Jay. Jay said, ‘Demario. Hold up. It's Jay. Don't hang up.’ From what I knew, Jay was on the run so I didn't know where he was. Jay then said, ‘Cops are outside. I'm not going down. I'm not going back. They got me.’ I put the phone on speaker so Carla could hear Jay. Carla then took the phone and began talking with Jay. Carla asked Jay if he had a gun. Jose replied that he had a gun. Jose then got sympathetic with Carla and started apologizing for all he had done in the past. I asked Jose where he was and he said that he was at his mother's house which I knew was on Oak Street. I went to his mother's house to try and talk to him man to man. Carla came with me. When I arrived at his mother's house, I saw cop cars parked near the house. I saw his mom, sister, and Tony standing outside of the house. All three were crying and screaming. Jay was on the phone with us so I told him this was no joke and this was not the time to mess around. I told Jay the cops were outside his house. Jay said he's, ‘not going back’ and, ‘the cops are going to be the ones to shoot me.’ Jay said these statements repeatedly. I told Jay he was young and that he could get through this and that he should just comply. I told Jay that it would only be a couple of years and that he can get through it. I told Tony, Carla and I had Jay on the phone. Tony then ran over to one of the cops at the scene and told him that I had Jay on the phone. The cops then had us drive to Nathan Hale School. We all crammed into my wife's Subaru and we went to Nathan Hale School. Another female cop took Carla into her patrol car to talk with Jay. Jay's family was going crazy and saying, ‘there is no need for this,’ and, ‘he's just a boy.’ I heard and watched the SWAT team getting ready to go to Jay's mom's house. I asked his family to relax and pray and ensured them this is what the police have to do to respond to the incident. We all left after some time and went to the Manchester Police Department. Awhile later, a Manchester Police Sergeant informed us of the outcome with Jose. I stayed with Carla at the Manchester PD to console Jay's family.”

  

4.     Carla Hansen

        26 Knighton Street, Manchester, CT

 

        Carla Hanson gave the following signed/sworn statement to Detective Lopriore of Connecticut State Police:

        “I have known Jose Soto for approximately 12 years since 2008 when I was just graduating high school. I met him walking on the street outside my house. Jose and I were dating for only a few months when I became pregnant with my son. During my pregnancy, Jose cheated on me and was abusive. We broke up about a month before my son, Jayson was born. Jose gave up his parental rights with Jayson, last year. Jose was incarcerated when he gave up his parental rights. Jose originally went to jail for a violation of probation. Jose was in and out of jail and halfway houses. Jose was granted supervised visitation rights by the court, but he never visited Jayson. Jose did not pay child support. Jose only saw Jayson about a handful of times. Jose last saw my son, Jayson when he was 18 months old. Jayson is now 10 years old. Jose mostly called me when he was in trouble. Jose would make comments such as, ‘I don't feel like living.’ Jose would also ask to see Jayson when he called. Jose never told me why he was in trouble. Jose had a history of smoking marijuana. I am not aware of him doing any other drugs.

        On Thursday, April 2, 2020, at about 7:30 pm, I received a call on my phone. I declined the call and the individual left a voicemail. My phone rang again and my husband, Demario answered the call. Jose told my husband, ‘Don't freak out, but it's Jay (Jose), the cops are at my mom's house. I'm going to have a shootout.’ I took the phone from my husband. Jose told me, ‘Carla, it's me. The cops are at my house. I'm going to have a shootout,’ and, ‘I have a lot of other people to call tonight, but I am gonna die tonight.’ My mother came over and watched my boys. My husband and I got into our car and went to Jay's mother's house which is two streets over to help him. I saw the cops and I called Jay. I said, ‘Can you come outside?’ Jay told me ‘no, and that the cops are coming for me. I am in the basement. I have a gun, Carla.’ Jay continued to say that he is scared, he has a gun, and that he was going to have a shootout. Demario got out of the car to look for a Manchester Officer, but ended up running into Anthony Vasquez, Jose's stepfather. I was still on the phone with Jose and continued to beg him to come out of the house. I believe Demario told Anthony and Jose's mom that I was on the phone with Jose. Jose's mom came running over to my car and the two started speaking to each other in Spanish. I do not know what they were saying. I then heard Jose say that he didn't want to talk to anyone else and that he was going to hang up, so I rolled up the window. I kept asking Jose why the cops were looking for him. He finally told me they were looking for him because of an armed robbery. I told Jose the cops just wanted to talk to him, but he said, ‘no, they want to shoot me because of the armed robbery.’ I only know of Jose having a BB gun. I do not know of him having a real gun. I know that Jose used a BB gun when he, ‘pistol whipped’ someone in Manchester which was related to the armed robbery. I only know this because of police reports.

        My husband then jumped in the car as well as Jose's mom, stepfather and sister. We drove to Nathan Hale School and we were approached by a Detective, Claire, who asked me to get into her car. I was on the phone with Jose at the time and Jose's mom asked if she could speak to him. The Detective said, ‘no, I don't think right now is the best time.’ The Detective told me the two of us would talk to Jose. While I was sitting in the Detective's car, Jose called me. Jose asked me how many cops were outside. I told him that we were at Nathan Hale School. I kept asking Jose to come outside and he said, ‘no.’ Jose again said he was scared and that he was going to have a shootout with the cops. Jose also told me that he made his mind up months ago that he was going to die tonight. Jose said multiple times that he didn't want to go back to jail. Jose also said that he wasn't going back to jail. I found out afterwards that Jose stopped contacting his parole officer months prior and believe that he made the decision that wasn't going back to jail. The Detective came back into the car when I was on the phone with Jose. The Detective tried to calm Jose down. Jose said his life was over. I tried to reassure Jose that wasn't the case. The Detective explained the process to Jose and told him that he wasn't going to jail. The Detective said they would take him to the hospital. The Detective told Jose that she didn't want him to hurt himself. Jose laughed and said, ‘No, I'm not going to hurt myself. The police are going to kill me.’ Jose started getting angry at the Detective and he hung up. I kept trying to contact Jose and he finally picked up. I told him the Detective was not in the car anymore. Jose said over and over to tell JJ about his childhood. He then said, ‘I just have one question. Is JJ smart?’ I said, ‘yes, he's so so smart,’ Jose then just hung up the phone. At that time, the Detective asked to take my phone, and I agreed, and the Detective left the car with my phone. I was brought to the Manchester Police Department to wait and sometime around 10:30/11:00 pm, I was told that Jose didn't make it.”

 

    5.    Roberto Soto

           190 Oak Street, Manchester, CT

 

Roberto Soto, who resides at 190 Oak St., gave the following signed/sworn statement to Detective Beauton of the Connecticut State Police:

         “On Thursday April 2nd, 2020, I was in my living room watching TV with my wife. While we were watching TV, we noticed flashing police lights in front of our home. I know that this was around 7:30 pm, because my Ring camera was set off by the police cruiser. We watched out of our front window to see what was going on. As we watched, more police vehicles began to arrive and block off the street. I could hear a woman yelling, ‘Gordo.’ She was in the street yelling this. We saw SWAT vehicles pull up to the house diagonally across the street from us. We watched on and off over the course of the next several hours. Around 9:14 pm, I looked out of the window again and I saw there were SWAT officers huddled together standing on the passenger side of the SWAT truck. The SWAT truck was parked on the front lawn of the house, very close to the front porch. I could see they were using the front passenger door for cover and they were pointing their rifles toward the house they were in front of. Then all of a sudden, I saw a man come charging out of the front door of the house. He was charging at the officers in what looked to me to be a very aggressive manner. It happened very fast and the police didn't have any time to react. It looked like the man was sprinting towards the SWAT officers. They did not have a lot of time - it happened so very fast. The man made it to the last step on the porch just prior to hitting the side walk and was only feet away from the police. I saw the SWAT officers shoot the man. The man fell backwards onto the porch after being shot by the police. After the police shot the man, they sent their dog up to the porch. I think they did this to be sure it was safe for them to approach the man. The K-9 went up to the man and I could hear it barking. Shortly after the police dog went up to the man, the SWAT officers approached the man and took him to the rear of their SWAT truck. As soon as they got him to the rear of the SWAT truck, they began CPR on him. I was able to capture some of this on my cell phone camera. I was not able to record the actual shooting, only the moments after. I provided the video to State Police Detectives Beauton and Clabby.”

 

  6.    Louis Neals

         184 Oak Street, Manchester, CT

 

Louis Neals gave the following signed/sworn statement to Detective Barbero of the Connecticut State Police:

         “I live at 184 Oak St., Manchester, I've lived here with my mom and my sister for about 4 or 5 years. Last night, April 2nd, also my birthday, at about 7:50pm, I was getting out of my car in the back of my house and saw the police with guns drawn across the street. They were pointing their guns at the front porch and the door directly across the street from me, one or two of the cops had automatic rifles. They weren't saying anything, they just had guns drawn, probably for about an hour, and said nothing. About an hour later I saw SWAT show up, they all got out, and they all drew their guns. The police that were there before backed out and parked further away when SWAT pulled in. Right after, a bigger SWAT truck showed up. Like 10 minutes later, the guy runs outside, and then they started firing, right when he came outside, all I heard was gunshots, close to 10 probably, maybe even more, and then the dude dropped to the ground. When he was running outside they were yelling his name before they shot him. Right after they shot him, they put the dog on him, I saw the dog bite him on the leg, it sounded like the guy was saying something, like, ‘ow’ or something like he was still alive. They got the dog off of him, they dragged him to the sidewalk, and started pumping his chest. The ambulance showed up like 5 or 10 minutes later, they were still pumping his chest, then they put him in the ambulance. I made a recording on my phone and posted it on Facebook live, I then texted the video to Detective Barbero's work cell phone while giving this statement.”

 

 

7.       Rae Quan Barber

          190 Pine Street, Manchester, CT

 

        Rae Quan Barber gave the following signed/sworn statement to Detective Fitzsimons of the Connecticut State Police:

         “Today at around 6:30 pm I arrived at my friend Louis Neals house who lives on the first floor at 184 Oak Street, Manchester. We were in the back yard hanging out. Around 7 pm we saw a bunch of police pull up in the front yard of the house across the street. Lewis and I then went inside his house. We were looking out the window and saw the police with their guns drawn outside the house across the street. There were about 5 police officers. About an hour later a SWAT truck came, and about 30 minutes later another SWAT truck arrived. Both were parked in front of the house. About 30 minutes after the second SWAT truck arrived, a guy ran out the front door of the house. I heard the cops say Jose come out with your hands up. I saw a guy come out of the house onto the front porch with his hands up at about head level. The guy ran out of the house aggressively and got shot on the porch. I heard about 5 or 6 shots. Once I heard the shots I ducked down. I did not see anything in the guys hands. When I got up, I saw the police going into the house. The guy was laying on the porch. I then saw the police drag the guy to the back of the SWAT truck. The ambulance came shortly after and I saw the police and paramedics get the guy onto the ambulance. After that Louis and I got out of the window and stopped watching.

 

C.  Capital Region Emergency Services Team (CREST)

 

1.     CREST Policy Manual

 

        The Capital Region Emergency Services Team (CREST) is a multi-agency Regional Tactical Team staffed by law enforcement officers from 11 area police departments, including Coventry, Cromwell, East Windsor, Enfield, Glastonbury, Manchester, Rocky Hill, South Windsor, Vernon, Wethersfield, and the University of Connecticut.

        CREST was formed in 1999 with its mission to provide a tactical response to critical incidents in member towns. The following are considered Critical Incidents handled by CREST:

 

-Hostage Incidents;

-Barricaded Suspect;

-Sniper Suspects;

-High Risk Arrests;

-High Risk Warrant Service;

-Special Assignments such as executive protection; and

-Event protection.

 

       All CREST members are volunteers and subject to activation 24 hours per day, 365 days per year. There is no additional pay, and no added benefit.

        Although the total number of CREST Tactical team members has fluctuated over time, as of April 02, 2020, there were approximately 40 Tactical members of CREST. The officers assigned to CREST must undergo a rigorous selection process consisting of a physical fitness test, a firearms evaluation, and an oral board with current team leaders. Once selected, new tactical team members must attend an 80 hour SWAT School to be considered operational. Once on the team, members attend supplemental training in many facets of tactical operations.

        Although the total number of CREST Crisis Negotiator team members has fluctuated over time, on April 02, 2020, there were approximately 14 Crisis Negotiator members of CREST. Crisis Negotiator members of CREST also undergo a rigorous selection process. Once selected, Crisis Negotiator members must attend the 40 hours Basic Crisis Negotiator School.  Once on the team, Crisis Negotiator team members attend supplemental training in Advanced Negotiator training, among other topics.

        Additionally, as part of CREST, the Ambulance Service of Manchester (ASM) selects, trains, and assigns team members/paramedics and maintains at least 4 tactical medics as part of CREST.

        Although all members of CREST receive notification of an activation of the team, not all members respond to a scene, as some team members may have time off due to vacation or illness. Depending on where the location is, team members respond as soon as possible from their various locations. Therefore, team members do not arrive on scene at the same time.

        My research into the history of CREST reveals that since 1999, there have been 161 CREST activations. Of the 161 activations, only 2 have resulted in Officer Involved Shootings. The first was in 2011. The second was this incident involving Jose Soto on April 02, 2020.

        CREST has a policy manual consisting of 85 pages, last revised on December 01, 2017. The purpose of the policy is to establish the governing regulations in the selection, training, equipping, and use of CREST. The policy manual includes rules for the command structure, team selection, team training, team activation, use of force, uniform and equipment, weapons, general practice, operations, operational deployment procedures, casualty care, explosives, physical fitness standards, core training competencies, firearm qualifications, and after-action review, among other topics. See Appendix I.

 

2.     CREST Crisis Negotiator Team Reports

        a.     Sergeant David McNeice/East Windsor Police Department

        Sergeant David McNeese filed the following sworn report: On 4/02/20 at 1956 hours, a CREST Everbridge went out for a hot response to Manchester, Connecticut.  The staging area was the Nathan Hale School at 160 Spruce St. in Manchester.  The call out was for a barricaded suspect with a gun.

        Upon arrival, one of our negotiators, Detective Claire Hearn, had spoken with the suspect briefly on the phone.  The suspect was identified as Jose “Jay” Soto of 181 Oak Street in Manchester.  Parole had gone to the residence to attempt to take Jose Soto into custody on a Parole Violation, but he barricaded himself in the basement stating that he had a gun and if anyone came down, he was going to start shooting.  The information that we received was that Jose Soto was the suspect in approximately 4 or 5 armed robberies and the last one was a bank robbery in Ansonia in which he allegedly fired off a couple rounds.  I was able to verify through COLLECT that Jose Soto had an active arrest warrant for Absconding from Parole and was issued by Waterbury Parole.

         Detective (CREST Negotiator) Hearn was in her vehicle with Jose Soto’s ex-girlfriend Carla Hanson, who was receiving phone calls from Jose.  Officer (CREST Assistant Team Leader) Steve Austin and Officer (CREST Negotiator) Jamie Yott were outside Detective Hearn’s vehicle trying to gather intelligence.  The family of Jose Soto was parked in a vehicle directly next to Detective Hearn.

         Jose Soto’s mother was identified as Noraida Diaz.  Ms. Diaz told me that her son did not have a gun.  He had just come home the other day with a bag and nothing else.  Ms. Diaz wanted to speak to her son because she said that she could talk him into coming out.  The use of third party intermediaries in negotiations is not recommended when it is uncertain what the nature of the relationship is at the time of the incident, so I told his mother that we would keep her request to speak with him in mind.  Jose’s sister, Nicole Rivera, was also in the vehicle with her mother.  Family members told us that it was common for Jose to threaten suicide every time he gets caught committing a crime.  Jose was known to have PTSD and anxiety, but was not taking medication.  Jose was homeless until he moved back home a couple days ago.

        When the Command Post arrived on scene, I made arrangements for Detective Hearn to proceed to the Network Operations Center where we would begin Negotiations.  Since Detective Hearn had already established rapport with Jose Soto, she was assigned the lead Negotiator role.  Officer Jamie Yott was assigned the Coach role.  Officer Steve Austin was assigned the role of Scribe.  On April 2nd, 2020 at 2047 hours Detective Hearn called Jose “Jay” Soto on his cellular phone (787) 565-6333.

        We were able to establish communication with Jose Soto, but he kept hanging up on Detective Hearn.  Initially Jose Soto said he wanted to commit “suicide by cop.”  He stated that he had a decision to make.  He did not want to talk about his mother or his sister.  After several instances of Soto hanging up on the Negotiator on April 2nd, 2020 at 2111 hours Jose Soto called Detective Hearn back and apologized to her.  He stated that he wanted to come out and Detective Hearn instructed him to keep his hands up and she pleaded with him to stay on the line while he was surrendering, but it became clear to us that he wasn’t following her instructions.  He refused to stay on the phone with the Negotiator, so we were able to warn the tactical team that we thought he was coming out but he was not following instructions on the surrendering.  On April 2nd, 2020 at 2113 hours, Jose Soto hung up on Detective Hearn.  Detective Hearn continued to try to call him back.  On April 2nd, 2020 at approximately 2115 hours, we heard on the tactical radio that shots were fired.  We continued to try to ring Jose Soto’s cellular phone from 2116 hours to 2118 hours and were then notified that the suspect was down on the front porch.

 

        b.    Officer Jaime Yott/Enfield Police Department

        Officer Jaime Yott filed the following sworn report: On 04/02/2020, at approximately 1956 hours, as a member of the CREST negotiation team, I received notification to respond to the town of Manchester for a barricaded suspect with a gun.  Upon arrival, I learned that the male suspect, identified as 27 year old Jose Soto (Jay) had barricaded himself in his mother’s basement and said that he “was going to shoot” anyone who tried to come down after him.  I was also told that he was a potential suspect in a recent armed robbery where a “round had been fired off.”

        Det. Hearn of Manchester Police was inside of a vehicle with a female who I was told was the ex-girlfriend of Soto and both were speaking to Soto on speakerphone.  Soto’s sister, mother, and his mother’s boyfriend were in the staging area.  I spoke with the family briefly to obtain their names and asked them about Soto.  They stated that Soto had been living on the street and had shown up at the home the night before.  They informed me that Soto suffered from PTSD and Anxiety but that he didn’t take any medications.  I asked if there was an event that caused the PTSD and they said no, just that he suffered from it.

        The command post arrived shortly after and I was assigned the position of “coach” during the negotiations with Det. Hearn as the lead negotiator as she had already had some contact with Soto.  At 2046, Hearn placed a phone call to Soto.  Soto in the first couple minutes of the phone call stated numerous times that the incident was not going to end well and that he wanted “suicide by cop.”  I relayed that information to the Team leader and it was forwarded to the Tactical Commander.  Negotiations lasted approximately 30 minutes and in that time Soto disconnected the calls several times but would answer on the first or second attempt as Hearn always attempted to regain contact.  During the calls Soto stated that he did not want to go to jail, that he did not want to talk about the past, his family, anything of substance, and that was “all about him.”  Soto made mention of just wanting to “get to it” and that “he had a choice to make,” but would not elaborate what he meant by those statements.  At one point Soto had apologized to Hearn for giving her a hard time, and stated that he “knew she was just doing her job.”  At the beginning of the final phone call, Soto stated that he was ready to come outside.  Hearn repeated Soto’s words and said that she was going to need him to do it safely, with his hands up and several other directions for him to follow for his safety.  Soto did not acknowledge any of Hearn’s requests but kept repeating that he was going to go outside.  I informed the Team leader that Soto was not acknowledging Hearn’s instructions and that he may not be surrendering.  Hearn had offered to meet Soto outside of the house, but Soto said that he did not want Hearn to come down to the scene.  Soto disconnected the call.  Hearn made numerous attempts to regain contact until we were notified that “shots had been fired” and that Soto was “down on the porch.”

         c.     Lead Crisis Negotiator Detective Claire Hearn/Manchester Police Department

        Det. Claire Hearn provided the following sworn report in relation to her actions on 04/02/2020:

        “On 04/02/20 I responded as a member of the Crisis Negotiator Team for a report of a barricaded suspect possibly in possession with a gun. The suspect was identified as 27 year old Jose Soto. I arrived at [the] staging location of Nathan Hale Elementary School shortly after 2000 hours.

        At some point, Sgt. Desso arrived to the staging area along with several family members of Soto. Also with the family was Carla Hanson, who is the mother of Jose’s son. It was quickly discovered that Carla was on the phone with Jose. Carla entered my vehicle and placed Jose on speaker phone. Prior to knowing I was listening to the conversation, Jose made a comment to the nature of “the police will have to shoot me.” At some point, Carla introduced me to Jose and he and I spoke via speaker phone. Jose again repeated his declaration that the police would have “come down to get me” and shoot him. Jose ended the phone call and Carla made several attempts to call and text him to get him back on the phone.

        At some point, Jose answered the phone and he and I began speaking. He stated that he would not go back to jail and knew he would be going to jail for a long period of time. Jose was resistant to talking to me but eventually agreed to speak with me on the phone from the incident command vehicle. Carla reported she would not attempt to contact Jose for the remainder of the incident. Carla noted Jose recently terminated his parental rights to their 10 year old child.

        In the incident command vehicle, I was assigned the role as lead negotiator and Enfield Officer Jaime Yott was assigned as my coach, listening in the conversation with Jose Soto. There were several phone calls with Jose Soto. During the calls, Jose repeatedly commented that law enforcement would have to “come and get him” and shoot him. During the first call, Jose indicated no fewer than six times that he wanted police to shoot him. When directly asked about having suicidal thoughts, Jose noted he was not planning on killing himself, but would have police shoot him. When questioned about his possession of a gun, Jose avoided directly answering the question and deflected the commentary by noting he would “draw up” on police and force them to shoot him.

        Jose would often hang up the phone but would pick up upon call back. Jose was resistant to talking about his family. When presented with the concern his mother and younger sister were exhibiting by crying and pleading for him, he grew irate, stating he did not want to talk about them because it was time to talk about him. I attempted to find an emotional connection with Jose to any portion of his life. Jose was angered when conversation moved to family relationships, refused to speak about any current personal or legal issues. Several attempts were made to connect with Jose to illustrate that his current legal situation was temporary and urging him not to make the permanent decision of committing suicide via another person. Jose repeatedly returned to his knowledge that he was returning to prison and his unwillingness to do so. I attempted to engage Jose in a conversation about his life after his served time in prison but he repeatedly stated he would not go back to jail. I attempted to discuss the challenges he faced in jail, and if there were additional circumstances around his previous time served that may factor into his staunch resistance to returning. Although Jose did not discuss specific issues regarding his time incarcerated, he made comments stating he was not bad “like a pedophile.” When attempting to discuss more about this comment, Jose said that I could speak to his family “after.” Jose commented that he would be gone soon but that his family could tell police about the troubles of his life. Jose left little opportunity to find a connection and consistently repeated his plan to force police to shoot him. Throughout the conversation, Jose consistently stated his decision to force police to shoot him. Jose declared his desire to die no fewer than 50 times throughout our multiple phone conversations.

        At some point, Jose increased the urgency in quickness in his voice, stating he was coming out of the house and would force the police to kill him. Prior to disconnecting, I told Jose to keep his hands over his head and slowly walk out the front door and await instructions. He ultimately slowed down and reengaged in the conversation.

        Later in the conversation, Jose stated he had to make a choice. Jose asked me “Claire, what’s it like talking to a man who is about to die?” Jose eventually ended the call. Jose waited a brief period of time and called the negotiator line in incident command. Jose apologized to me for being challenging to speak with. His volume of his voice softened and he noted he made his choice and was going outside and would make police shoot him. I told Jose to be safe and to keep his hands up over his head and walk out. Jose again apologized to me. I told Jose I would meet him outside of his home and he quickly interrupted me telling me not to come to his home. Jose said goodbye and told me he was turning off his phone. The phone call disconnected.

        Numerous attempts to call and reestablish communication were made. The phone used by Jose Soto went to voicemail and was not answered. A period of time later we were informed Jose Soto was shot.”

 

 

3.     Manchester Police Department

       a.     Sergeant Adam Desso

 

        Sergeant Desso remained involved in the crisis and stated “With the situation contained to the residence and confirmation the suspect was in the basement, I turned command at 181 Oak St. over to Sgt. Guadino and proceeded to the Command Post to update personnel as they arrived.

        Noraida, “Tony”, Nicole and other family members were at the Command Post and stated they had Jose on the phone and were currently talking with him.  Det. Hearn was the first to arrive and I quickly filled her in on the situation as she assisted with family speaking with Jose on the phone.  Jose made a statement that he was going to come out of the house and he was advised to come out with his hands up and walk out the front door slowly.  I relayed this information to Sgt. Gaudino in order for him to prepare officers for surrender.  Jose did not surrender at this time and remained in the basement.

        Once CREST and MPD command staff arrived I provided them with updates and they assumed tactical control of the incident.  I remained in the command post at Nathan Hale for the duration of the incident.  I contacted Det. Moss in order to obtain more information regarding Jose.  Det. Moss informed me that Jose was a suspect in an armed robbery which occurred several weeks prior.  As the situation progressed I provided necessary updates to dispatch and patrol officers.  Once informed of the Officer Involved Shooting (OIS) I advised all patrol units to go to channel 2 Encrypted and provided them with this information.  As the ambulance was transporting Jose to Hartford Hospital I assigned Ofc. Jackson to follow and remain with him until ordered otherwise.

        Once the command center was broken down, Det. Sgt. Hughes was on scene at 181 Oak St. and I returned to MPD in order to assign units to relieve all involved personnel on scene.  I then returned to my normal duties as Patrol Supervisor.”

 

            b.    Officer Cory Fullana/Manchester Police Department

 

        Officer Fullana from the Manchester Police Department had stayed on scene and stated, “At approximately 2116 hours, I observed the suspect through a window of the residence exit from the basement door and begin walking towards the front door.  I told the CREST team that there was movement inside the residence.  The suspect stopped walking and appeared to be hiding behind the area of the front door.  The suspect was given clear, verbal commands to slowly exit the residence and keep his hands visible.  I observed the suspect make a sudden movement towards the front door and heard several shots fired at this time.  I observed the suspect fall forwards on the front porch of the residence.  I observed members of the CREST team carry the suspect to the rear of the Bearcat where they began performing lifesaving measures to the suspect. 

        After the suspect was transported to Hartford Hospital, I placed crime scene tape around the scene.  I was assigned scene security at the front of the residence by Sergeant Gaudino where I was later relieved by Officer Bruyette.”

 

          c.     Sergeant Justin Gaudino/Manchester Police Department

 

        Sergeant Gaudino from the Manchester Police Department stayed on the scene and stated in a sworn report, “While on scene, I remained behind the patrol SUV with Ofc. Rojo and Ofc. Rago while they maintained visual at the front of the residence.  At about 8:31 PM, the CREST Bearcat armored vehicle arrived at my location and replaced the patrol SUV that I was positioned behind.  I entered the rear passenger compartment of the Bearcat and maintained contact with Sgt. Desso at the command post.  At about 9:10 PM, I overheard other CREST team members say the suspect was going to come out the front door.  CREST team members took various positions around the Bearcat while I remained inside the passenger compartment.  At about 9:16 PM, I heard CREST team members advising that the subject is approaching the door.  A CREST member began giving verbal commands for a short period of time before several shots were fired and it was communicated that the suspect was down.  I was unable to see the suspect and associated shooting from my location inside the Bearcat.  My view was obstructed by other CREST members that were inside the Bearcat.  I exited the Bearcat and maintained an exterior perimeter while Medics and CREST personnel began to provide lifesaving measures to the suspect.  I requested additional patrol units to the scene to put up crime scene tape and maintain scene integrity.  I assigned Ofc. Hebert to scene security at the rear of the residence and Ofc. Fullana to scene security at the front of the residence.” 

 

4.       CREST Tactical Team

    a.       Lt. Glenn Buonanducci/South Windsor Police Department

 

        Lt. Buonanducci filed the following sworn report: On Thursday, 04/02/2020 at approximately 1955 hrs. I received a call from Sgt. Desso of the Manchester Police Department.  Sgt. Desso informed me that Parole Officers had located an absconder in their town at 181 Oak St.  The suspect and family claimed he was armed with a gun and he barricaded himself in the basement of the residence.  Sgt. Desso was requesting that the Capitol Region Emergency Services Team (CREST) respond to assist.  CREST is a regional tactical and crisis negotiation team that assists 11 agencies including the Manchester police Department.  I am a lieutenant with the South Windsor Police Department and have been a police officer for 20 years.  I have held a collateral assignment with CREST for 16 years and currently serve as the Team Commander.  As part of my responsibility and authority as the Team Commander, I authorized the activation of the team.  I sent a message via the Everbridge alert system to have the Tactical, Negotiations, and Support Elements of CREST respond to the staging area at Nathan Hale School, 160 Spruce St.  I responded from home to the staging area.

        Upon arrival, I met with Sgt. Desso who informed me that the family had been evacuated from the residence and it was believed that the suspect, Jose Soto, was the only remaining occupant of the residence.  The family had stated that he had a gun although it was unclear what type of gun.  Sgt. Desso stated that Soto also told parole officers that he had a gun and would shoot if they came in after him.  Sgt. Desso informed me that his patrol officers set a perimeter.  Detectives were interviewing the family and trying to make phone contact with Soto.

        Sgt. Monge arrived on scene and was the first available tactical team leader.  I instructed him to deploy with an emergency action team in the Bearcat armored vehicle.  His instructions were to set up near the main entry to the house and be prepared to take a surrender or respond to any immediate threats.  I also requested that he deploy with a full complement of equipment (breaching tools, less lethal weapons, and chemical munitions).  At 2036 hrs. Sgt. Monge reported that the emergency action team was in place and standing by.  I broadcast to all units on the SWAT radio frequency what the current situation was and my operational intent.  My plan was to relieve the patrol perimeter, have the negotiations team make contact with Soto, and arrange for a peaceful surrender to the officers outside.

        Sgt. Gonzalez was the next tactical team leader on scene and I instructed him to organize the relief of the perimeter units.  At that time, the Mobile Command Post (MCP) had been set up at 160 Spruce St. and we moved the command element (myself and Lt. Connolly) and the negotiations team to that vehicle.  It should be noted that the staging area and command post location did not have a view of the scene on Oak St.  I relied on radio communication with the operators in the field for information and situation updates.  Cpl. Thompson was the negotiations team leader relaying information to Lt. Connolly and me from the negotiators working from the closed rear area of the MCP.  I was informed that negotiators had Soto on the phone.  Lt. Connolly actively worked on team member accountability and positions as they moved to the scene.  In addition to the tactical operators, tactical paramedics were also deployed with the different elements of the team.  The parole officers also reported to the MCP so they could be debriefed.  They reported that Soto had been released on parole on a prior armed robbery charge.  It was believed that while out on parole Soto had done additional robberies and/or assaults.  It was the parole officers’ intent to remand him to the custody of the Department of Corrections.  Soto’s mother’s residence is 181 Oak St.

        At approximately 2101 hrs. Cpt. Thompson reported that Soto told the negotiator that he was coming out and going to “draw.”  Soto disconnected the phone call with the negotiator as well.  That information was immediately relayed on the SWAT radio frequency to the units in the field.  I told Cpl. Thompson to have the negotiations team immediately and repeatedly call the phone back so that we could reengage Soto in dialogue.  No movement in the residence was reported by any of the tactical operators in the field.  Within a minute negotiators stated that they had regained contact with Soto.  Cpl. Thompson, who was speaking to negotiators by phone, relayed to me that Soto was talking about suicide by cop, however, I was told that he was not highly agitated at that moment.

At approximately 2113 hrs., Cpl. Thompson reported that Soto wanted to come out.  I instructed him to ask his negotiations team what door he was planning to exit and to give him directions to exit the front door slowly with his hands up.  However, I was told that the suspect kept repeatedly saying that he is “sorry” and was not responding to the negotiator’s directions.  Negotiators then lost phone contact with Soto.  This information was again relayed to units in the field.  Shortly after, tactical operators from the emergency action team reported shots fired and that the suspect was down.  Lt. Connolly clarified that it was officers who shot.  I immediately authorized the team to approach the residence, conduct a protective sweep, and provide medical aid to Soto.  I later learned that, after operators fired, Soto fell in such a way this his upper body was not visible.  Operators could not determine if he was armed.  Operators gave additional verbal commands and a police canine was deployed which allowed them to confirm that Soto was no longer a threat.  As soon as that was determined, operators moved up to the steps, moved Soto to the rear of the Bearcat where the Tactical Medics were positioned, and began a protective sweep of the house.  Ofc. D. Williams reported over the radio that Soto was detained and within that minute Tactical Medics (3 CT licensed Paramedics) began rendering aid to Soto.  I asked Sgt. Monge to advise me when it was safe to move the ambulance to the scene.

        Staged Manchester Paramedics and Ambulance Service of Manchester crews were advised to be ready to move to the scene as soon as operators confirmed that the scene was safe.  Operators cleared the residence and confirmed there were no other suspects or hazards.  It was reported that the scene was safe for the local EMS crews to respond to the scene.  Sgt. Monge reported that the protective sweep of the house was complete.  Tactical Medics completed their handoff to Manchester Fire Department Paramedics and Soto was transported to Hartford Hospital.

        I instructed all team members to report to the Center St. Fire House when relieved from the scene.  The officers who were forced to fire their weapons were moved to the Manchester Police Department with an escort officer to meet with the Connecticut State Police.  Lt. Connolly went to MPD to meet with the operators there.  I remained at the staging area until the MCP was requested to move to the scene.  I then reported to the Center St. Fire House where I accounted for all team members and confirmed their on scene positions.  I then went to MPD and met with the operators and medics there.  All team members remained at these locations until released by the Connecticut State Police.

 

        b. Lt. Michael Connolly/Wethersfield Police Department

        Lt. Connolly filed the following sworn report: On Thursday, April 2, 2020, at approximately 1955 hours, I received an Everbridge message requesting that the CREST Team respond to a call out in Manchester for a barricaded subject who had a gun.  The subject location was 181 Oak Street in Manchester.  The requested staging area was Nathan Hale School, 160 Spruce Street in Manchester.  The request was for a hot (emergency) response.

        I am currently one of the CREST Assistant Team Commanders and have held this position for approximately 2 years.  Prior to this my SWAT experience includes being a CREST Operator and Team Leader for 13 years.  Additionally, I have been a Lieutenant with the Wethersfield Police Department for the past 3 years and have over 22 years’ experience as a Wethersfield Police Officer.

        After receiving the Everbridge message, I left my home and I arrived at the staging area at approximately 2030 hours.  Lt. Buonanducci was already at the staging area and was briefing some of the CREST Operators in order to get them ready as an emergency action team.  These Operators then deployed directly to the scene.

        Within minutes the Mobile Command Post arrived and I assisted with its set up.  Once positioned, personnel including Police Officers, Parole Officers, Negotiators, Lt. Buonanducci, and I went inside and began the process of Negotiating with the subject and communicating with the CREST operators that had already been deployed to the target location.  Shortly thereafter a second team with additional CREST Operators deployed.

        The subject was identified as Jose Soto and was wanted for parole violation due to an armed robbery.  I learned that Soto’s family members said that when Soto realized that he was going to be arrested for the parole violation, he made statements about shooting anyone who came into the house and then barricaded himself in the basement.  I was also informed that Soto’s criminal history included multiple armed robberies with a gun.

        CREST Negotiators, who were in a private area in the rear of the command post, were on the phone and talking with Soto.  The Negotiators in turn relayed necessary information, via internal phones, to Negotiator Corporal Thompson, who was sitting near Lt. Buonanducci and I. Corporal Thompson then verbally relayed the information he received to Lt. Buonanducci and I.  That information was then passed on to the CREST Operators via portable radios.

        Over a period of less than an hour, Corporal Thompson relayed information such as; Soto said he was coming out and was going to draw then he wasn’t coming out, then he was going to do a suicide by cop, and lastly that he was coming out but was sorry.  Again this information was passed on to the CREST Operators.  In my mind I felt the statement he was coming out and was sorry meant he was coming out to be shot.  Shortly thereafter, I heard shots fired come over the radio.  I clarified that it was the officers who shot and all of our Operators were okay.

        Once we heard Soto was safely detained and Medics were providing medical aid, CREST Operators were instructed to do a sweep of the house.  Ambulance personnel responded and took Soto to the hospital.

 

        c. Officer Justin Holchuk/Wethersfield Police Department

        Officer Holchuk filed the following sworn report: On 04/02/2020 at approximately 1955 hours the CREST Team was activated for an emergency callout at 181 Oak St. Manchester, CT.  CREST Command informed the responding operators that it was for a barricaded suspect with a firearm.  Lt. Connolly, Sgt. Gonzalez, Ofc. Murphy, Ofc. DiLoreto and I responded.

        Prior to deploying to the residence, CREST team members were informed Jose Soto (DOB 11/23/92) had threatened to shoot CT Parole Officers who went to the residence.  Soto then retreated into the basement.  The residence was evacuated and the callout was treated as an armed barricaded subject.

        I was assigned to deploy to the rear of the residence (#3 side) and was to relieve the two Manchester Police Officers.  Detective Patrizz and I made our way to the rear of the residence and relieved the two Manchester Police Officers.  Detective Patrizz and I were positioned in the driveway behind 181 Oak Street and in between another residence (possibly 177/179 Oak Street).

        CREST Snipers Sgt. Saucei (Glastonbury Police Department) and Sgt. Rutovich (Enfield Police Department) positioned themselves with us on the #3 side.  The Bear (armored vehicle) pulled into the driveway near the #2 and #3 side.  The bear contained more CREST team members and medics that were ready to deploy if needed.  After negotiations, CREST Command stated that Soto was going to come out the front of the residence and stated that he said, “I’m sorry.”  At this time, I could hear that CREST team members in the front of the house ordering him to show his hands.  Seconds later, I heard several gunshots.  CREST team members positioned in the front of the house then radioed “Shots Fired” and “Suspect Down 

 

 

 

        d. Officer Joel DiLoreto/Wethersfield Police Department

        Officer DiLoreto filed the following sworn report: On Thursday, April 2, 2020 at approximately 1955 hours CREST Tactical Operators were activated for an emergency callout at 181 Oak St., Manchester for a barricaded subject with a firearm.  I along with Lt. Connolly, Sgt. Gonzalez, Ofc. Murphy, and Ofc. Hilchuk responded.

        On scene, operators were informed by Manchester PD units, Jose Soto (DOB 11/23/92) had threatened to shoot Parole Officers at the residence and retreated into the basement.  Operators were told Soto was on parole for robbery and had an active felony warrant related to his parole conditions.  I was on the Bearcat, assigned the 40mm Less Lethal (single launcher), as part of the emergency action team positioned at the front (side 1) of the residence.  I loaded the 40mm launcher with a CTS foam baton round and had additional foam baton rounds in my dump pouch.  I also prepared CTS CS gas barricade rounds if we were ordered to deploy chemical munitions. 

        Operators were notified by command, via radio, that Soto was on the phone with negotiators and making repeated references to suicide by cop.  We were told Soto had disconnected the phone call, threatened to exit the home and draw on officers.  I moved to a position on the rear driver side of the Bearcat where Ofc. Alexander provided me lethal coverage. 

          Command then informed Operators that Negotiators had reestablished contact with Soto.  Moments later we were told Soto began apologizing, said he was sorry, and disconnected the phone call.  At that time Sgt. Krom took my position next to Ofc. Alexander.  I observed Soto’s head/face through the screen door and he appeared to be looking outside.  At the time he looked outside, I was unable to see Soto’s hands.  An Operator then ordered Soto to put his hands up.  The door then burst open.  Soto exited the residence, immediately turned left, and raised both of his arms, extending them in front of his body consistent with a shooting stance.  I then heard multiple shots fired and observed Soto lying face up on the front porch/stairs.

          I moved to the passenger side of the Bearcat and transitioned to my department issued Glock 9mm handgun.  I stepped behind Ofc. M. Williams and Ofc. Murphy who were holding lethal coverage on Soto and the front door of the residence.  Operators gave commands to Soto to show his hands and received no response.  MPD K9 Ofc. R. Johnson then deployed his K9, which pulled Soto further down the porch steps.  We then, as an element, moved up to the front porch.  I grabbed onto Soto’s pant leg and pulled him onto the front sidewalk.  Soto was then dragged to the rear of the Bearcat where CREST Tactical Paramedics Bak, Conley, and Rasmussen provided emergency care.  I assisted the paramedics roll Soto onto a backboard and check for wounds on his body.  I observed Soto had a large wound in the center of his chest, one small wound on the right side of his chest, and one small wound in his neck.  Soto was unresponsive while care was administered.

 

         e. Officer Ryan Bycholski/Manchester Police Department

        Officer Bycholski filed the following sworn report: I responded to the SWAT staging area (Nathan Hale School) in the Bearcat for this incident.  I was in my SWAT uniform and kit which identified me as a police officer.  From the staging area I deployed to the scene in the Bearcat as the Emergency Response Team along with several other operators.  The Bearcat was positioned on the front lawn of the incident address and I was part of a 3 operator team on the passenger side of the Bearcat.

        Command was giving Intel via the radio constantly during the incident; one piece of Intel was Soto was going to surrender and that he was apologizing to the negotiator.  I was the third operator in a stack on the passenger side of the Bearcat ready to take Soto into custody.  Soto abruptly exited the front door (the metal door swung open with force), quickly stepped onto the porch, and quickly turned toward the direction of my stack of operators. Soto was not acting like a subject who intended on surrendering to officers; Soto didn’t have his hands up over his head and didn’t make slow movements which based on my training and experience is how subjects typically act when surrendering.  Soto’s movements were fast and aggressive.  Soto brought his hands up from his waistband and “punched” both hands towards me as a person with a firearm would typically aim.  I heard what I believed to be a gunshot and I believed that Soto had shot at me.  I then heard several other gunshots and I watched Soto fall to the ground.

        Soto was laying on the front porch in front of the front door to the house.  I could see that Soto was breathing as I observed his chest rise and fall with each breath.  After the police K9 was deployed, other operators and I moved up to cover the K9 officer while he retrieved the K9.  I covered the front door during the K9 retrieval.  While I was covering the front door the K9 bit and held my left ankle/leg.  After the K9 let go of my ankle we were able to fall back to the Bearcat to get the K9 officer to safety.

        I then was the 2nd operator in the stack when the tactical element cleared the house (181 Oak St.) for any victims or remaining suspects.  The house was cleared without incident.  After the house was clear, I was ultimately given instruction to stage at the MFRE Fire Station #2.  I staged at the firehouse until I was released from the incident.

        f. Officer Timothy Levesque/Manchester Police Department

        Officer Levesque filed the following sworn report: At 1955 hours, Sgt. Krom and I simultaneously received an automated phone call “callout” activating CREST for a “hot response” to 181 Oak St. Manchester, CT for a barricaded suspect with a gun.  A designated staging area was established at Nathan Hale School, 160 Spruce St. Manchester, CT.

        Sgt. Krom and I responded to Manchester Police Headquarters where we met with Officer Bycholski and Officer M. Williams who are also CREST Operators.  Between the four of us all of the necessary CREST equipment was gathered and we responded to the staging area in the CREST Bearcat armored vehicle and the MPD CREST equipment van.

        As Sgt. Krom, Officer Bycholski, Officer M. Williams and I arrived to the staging area, we met with other CREST operators.  An Emergency Action Team was formed and boarded the Bearcat.  As the Emergency Action Team was in transport to 181 Oak St. information was relayed over the CREST SWAT 1 radio channel that Tactical Negotiators were in phone contact with the suspect at 181 Oak St.  According to the information relayed, the suspect made statements that he would not surrender, that he would come out shooting, and or that the police would have to shoot him.

        The Bearcat was being operated by a CREST Tactical Medic and came to a stop at 45 degree angle facing the front (south west) to a small front porch and the front door.  There was a closed storm door as well as the main wooden door.  Both doors were designed with clear glass, at least on the upper half, that provided a limited view of the interior of the home.  This front porch and main entrance to 181 Oak St. was visible to me from the exterior of the Bearcat as well as through the front windshield.

        Select Operators set up positions on the left and right exterior sides of the Bearcat as others remained inside.  I recall hearing a second radio transmission as I was seated inside the Bearcat.  Tactical Negotiators were in contact with the suspect, who was identified as Jose Soto, and that Soto was still refusing to surrender himself.  Soto continued to make comments about engaging police with a firearm.  The bear armored vehicle arrived on the scene around this time with the remaining CREST operators. 

        A short time later, a third transmission updating negotiations with Soto was made.  This time Soto had reportedly made comments; he was apologizing, stating that he was sorry and that he was coming out.  At no time did I hear that Soto was planning to “surrender” himself.  This prompted CREST Operators to begin exiting the Bearcat in anticipation of taking Soto into custody.

       Within approximately one minute of this last transmission, I began to see movement inside the front main entrance to 181 Oak St.,  Operators, including myself, began calling out this movement and others began yelling commands for Soto to come out with his hands up.  Moments later, a male wearing dark colored clothing, who I believed to be Soto, threw the door open and charged out onto the front porch.  I recall seeing Soto take a shooting stance, punching out both arms, as if he raised a handgun in the direction of CREST Operators.  Next, I heard instantaneous and brief succession of gunfire.  The individual collapsed out of my view immediately.  The entire exchange with Soto lasted seconds; however, from what I witnessed Soto did not make movements consistent with someone who was only attempting to flee.  Additionally, from my view, and from the motions Soto made, I did believe that he raised a handgun in the direction of CREST Operators. 

       I exited the Bearcat and joined the stack of Operators on the right side of the Bearcat.  Operators began calling for Soto to show his hands and to crawl towards the team.  I recall hearing Officer M. Williams and others stating that the upper half of Soto’s body was blocked by the front porch and that they could not identify whether Soto was in possession of a firearm or not.  After Soto failed to respond to commands, CREST Operators slowly began to clear the front porch.  Once the porch was cleared, the stack of Operators moved in on Soto.  Soto was eventually dragged from the front porch to the rear of the Bearcat where Tactical Medics could safely provide medical care.  Next, I entered 181 Oak St. with other CREST operators to clear the residence and search for further threats.  At the completion of the search no other individuals were located.

         CREST Operators exited the home where they were given further orders from Team Leaders.  I was instructed to enter the bear armored vehicle where I waited until I was transported from the scene with others.  All CREST Tactical Operators were transported to the Manchester Fire Department garage bay on Center St. where we remained until we were cleared around 0100 hours. 

        g. Officer Michael Williams/Manchester Police Department

        Officer Michael Williams filed the following sworn report: On 4/2/20 at approximately 1955 hours I received a cellular telephone page from the Capitol Region Emergency Services Team (CREST).  Everbridge system alerting me of a CREST callout at 181 Oak Street in Manchester.  The page indicated that a suspect with a firearm was barricaded inside of the residence and the staging area for this callout was at 160 Spruce St. (Nathan Hale School).

        I arrived at Manchester H.Q. a short time later and retrieved all of my callout gear.  I then drove to the staging area, donned all of my callout gear and awaited further instructions.  A short time later several CREST operators and I loaded into the Bearcat (the Bearcat is an armored personnel carrier) and drove to the target location of 181 Oak St.  The Bearcat drove on to the front lawn area of the residence near the front door.  Several spotlights mounted on the roof of the Bearcat were used to illuminate the front door as well as several exterior windows of the target location.

         While seated inside of the Bearcat, “command” notified us that the CREST negotiators were speaking with the suspect and that the suspect was alluding to suicide by the police.  An undetermined amount of time had passed and command notified us that the CREST negotiators were again speaking with the suspect.  Command informed us that the suspect stated that he was going to come outside and apologized several times before disconnecting the phone conversation.

         I exited the Bearcat and opened the front passenger door (to use as partial cover) and waited with Ofc. Shane Murphy to take the suspect into custody.  Ofc. Murphy was standing to my right rear, partially exposed to the front door from the right side of my body.  I heard a CREST operator yell something that sounded like “he is coming out” from the other side of the Bearcat.  I began to give the suspect commands, however, I was not able to finish my command before the front storm door suddenly opened and the suspect charged outside.  As the suspect rounded the corner from the front door towards us I observed him take his hands from his front waist area and punch his hands straight outward from his body at chest level as if he was holding and pointing a firearm at us.  I partially ducked my head behind the bullet resistant glass of the Bearcat’s front passenger door.  I immediately heard gunshots and believed that the suspect was shooting at us.  I observed the suspect fall backwards on the front porch.  I did not engage the suspect with lethal force.

        Several moments passed and I then began to give suspect commands to put his hands up.  This was repeated several times before Ofc. R. Johnson deployed K9 Vito.  Several CREST operators approached the suspect who was still laying on the front porch motionless.  I pulled the suspect off of the front porch with the assistance of other CREST operators.  The suspect was then carried to the rear of the Bearcat for medical treatment by CREST paramedics.

        Once an element of CREST operators was formed just outside of the front door we entered the residence and cleared the structure for any remaining threats to the public.  After walking outside we were instructed to go to the Manchester Fire Department Station 2 (on Center St. next to Manchester Town Hall) and await further instructions.  After several hours of waiting at the M.F.D. Station 2, CREST Team Leader Gonzalez informed us that we were dismissed.

 

        h.   Officer Jason Trudeau/Glastonbury Police Department

        Officer Trudeau filed a sworn report. In part, he stated during the time between arriving at the Command Post and the location of the barricaded male, there was several radio communications stating that the male wanted “suicide by cop” and that he was going to “draw” on the police.

 

        i.    Sergeant Richard Monge/Manchester Police Department

 

        Sergeant Monge filed the following sworn report: On 4/2/20 at approximately 1930 hours I received notification from Lt. Taylor that the Capitol Region Emergency Services Team (CREST) would be mobilized to respond to an incident occurring in Manchester at #181 Oak Street.  The information I received was that an armed male suspect had barricaded himself in the basement of his mother’s home at #181 Oak Street.  Shortly after, I received a phone call and text message through the Everbridge System indicating that a suspect with a firearm was barricaded inside of the residence and the staging area for this callout was at #160 Spruce St. (Nathan Hale School). 

        I arrived at Manchester H.Q. a short time later and retrieved all of my callout gear and my cruiser.  I then drove to the staging area and donned all of my callout gear while being briefed by Team Commander Lt. Buonanducci on the current situation.  I am assigned as a Team Leader and it was my responsibility to gather the operators that had already arrived and assemble a Quick Reaction Force (QRF).  A QRF is generally the first CREST Operators to arrive on any given scene who respond directly to the location of the actual incident and are prepared to react to whatever may happen, such as a surrender or further escalation of violence.  The QRF is often set in place while the rest of the CREST Team continues to arrive and team leadership and command form a more detailed plan of action.

        Shortly after, I loaded in the Bearcat (CREST armored personnel carrier) as the Team Leader of the QRF...  The Bearcat then drove to the target location of 181 Oak Street to relieve Patrol officers that were located in front of the home and on the inner perimeter.  The Bearcat drove on to the front lawn area of the residence near the front door… Several spotlights mounted on the roof of the Bearcat were used to illuminate the front door as well as several exterior windows of the target location.

       Once in position, I notified Command of our location and was informed that CREST Negotiators were continuing to speak over the phone with the suspect.  We were informed by Command that the suspect was alluding to “suicide by cop.”  An undetermined amount of time passed and command notified us that the Negotiators were again speaking with the suspect.  Command informed us that the suspect stated that he was going to surrender and apologized several times before disconnecting the phone conversation.

        I continued giving updates to Command as well as receiving information from Command in regards to the ongoing negotiations over the phone with the suspect.  After some time, Command notified us that the suspect claimed he was going to come out of the front door and draw his weapon on us.  Command explained that he claimed he would force police on scene to shoot him.  Command then stated that the suspect stated over and over again to the negotiator, “I’m sorry, I’m sorry.”  After a short amount of time it was again broadcast that the suspect was coming out of the house.

        A CREST operator yelled that they saw movement at the front door and that the suspect might potentially be coming out.  I then hear a loud “crack” sound come from the porch as the front door swung open very rapidly.  Almost simultaneously I observed the suspect charge outside in the direction where I was standing.  As the suspect ran toward me and the other CREST operators, I observed him take his hands from his front waist area and punch his hands straight outward from his body at chest level as if he was holding and pointing a firearm at us.  It seemed as though he was holding something black between his hands.  I partially ducked my head behind the rear door of the Bearcat as I believed the suspect had fired upon us.  I then heard and observed gunshots from the two CREST operators standing in front of me; Sgt. Krom and Ofc. Alexander.  I observed the suspect fall backward onto the front porch.  I did not engage the suspect with lethal force.

        I began checking on the CREST operators asking each one if they had been shot as I believed the suspect shot at us.  All operators responded that they were alright.  I maintained a visual of the suspect on the porch and could see some movement from the suspect.  I began giving the suspect commands to put his hands up.  I then moved to the driver’s side of the Bearcat and began forming a group that would make physical contact with the suspect as he continued to not respond to any of our commands for compliance.  I then requested that K9 Ofc. R. Johnson deploy K9, Vito, as we moved up to the suspect’s location on the porch. 

j.     Paramedic Jeffrey Rasmussen/Ambulance Service of Manchester

 

        Paramedic Rasmussen gave the following signed/sworn statement: On April 2, 2020 I was activated at 19:58 with the Capitol Region Emergency Services Team to respond to 181 Oak St. in Manchester, CT for a barricaded suspect.  I have been assigned as a Tactical Medic for CREST since November of 2018.  I have been employed in good standing at the Ambulance Service of Manchester since August of 2010 and have been a CT licensed paramedic with that company for 5 ½ years.  The staging point for this incident was Nathan Hale School on Spruce St.

        I, along with four other CREST operators, were the second group of team members to proceed to the scene in the Wethersfield team van.  Their objective was to relieve the patrol officers on the perimeter.  Our vehicle was positioned on the south side of 153 Oak St. approximately 70-80 yards from the target house.  I remained in the vehicle while the four operators I was tasked with moved up to the target house.  From my vantage point I had a clear view of the east side of the house where the front door was located.  The Manchester Bearcat was parked just in front of the house off to the right from my vantage point but did not obstruct my view.  The information that was passed along to team members was that negotiators were talking with the suspect and they were trying to convince him to leave the house.  The suspect had initially told the negotiator that he was going to come out of his house drawing before breaking off communications with negotiators.  After several minutes, communications were reestablished with the suspect and negotiations resumed.  The suspect again stated he would be coming out of the house and asked police to relay that he was sorry.  I watched as the suspect exited the house through the front door in an aggressive manner.  I could not see what the suspect had in his hands but when he came down the front steps of his porch he brought both hands together and raised his arms in front of him as if he were about to open fire on the Bearcat and the operators assigned to it.  I heard several gun shots and watched the suspect fall down onto the ground.  From that point on I no longer had a view of the suspect.

        After several minutes I received a radio transmission from Sgt. Gonzalez to move the Wethersfield van up to the scene.  While the operators were securing the scene the suspect was moved by CREST operators to the rear of the Bearcat and the medics exited our vehicles to begin rendering aid.  Myself, and the two other CREST medics on scene, Stephen Conley and Jason Bak, began our assessment and treatment.  For further information regarding medical care given please refer to ASM patient care report.

        Manchester Fire Department and ASM were called up from their staging area to take over patient care.  The suspect was placed on a longboard and placed on ASM 518 stretcher and loaded into the back of their ambulance.

        After the suspect was transported away from the scene, I remained behind awaiting transport to Manchester Fire Department Station 2 on Center St. to meet up with the rest of the team.  I was then taken along with the two other CREST medics to Manchester Police Department for further debriefing.

 

        k. Paramedic Jason Bak/Ambulance Service of Manchester

 

        Paramedic Bak gave the following signed/sworn statement: On Thursday, April 2nd at 7:55 PM I received a text alert stating the Capital Region Emergency Services Team (CREST) had been requested to respond to the Town of Manchester for a “Call Out.”  I currently serve as an active member of CREST as a Tactical Paramedic.  I have been employed at The Ambulance Service of Manchester since December of 2007, a CT licensed paramedic since 2013, and member of CREST since February of 2015.

        The “Call Out” requested that active members respond to stage at Nathan Hale School on Spruce Street in Manchester for a barricaded suspect with a gun on Oak Street in Manchester.

        Upon arrival at the staging location, I geared up and reported to a CREST Team Leader.  Shortly thereafter, I entered an armored vehicle called the “Bearcat” and positioned myself in the back of the vehicle in the seat directly behind the driver’s seat.  Per an Operator, the “Bearcat” was to serve as the vehicle for the “emergency reaction team.”  The Team Leader in the vehicle made note of the operators and medics within the unit.  In addition to me, another medic was assigned to the emergency reaction team.  While in the Bearcat, I learned from team operators that a warrant for the suspect’s arrest was in place related to a parole violation and “Robbery 1."

        The emergency reaction team moved to 181 Oak Street (suspect’s location) under direction from team leadership.  Upon arrival, the Bearcat was parked in the driveway facing the front of the house.  From where I was positioned, I had a clear view of the front door of the house when turned around to face it.

        Shortly after arrival on scene, our Medic Team Leader requested I contact dispatch at the Ambulance Service of Manchester to request an ambulance stand by to the staging location (Nathan Hale School).  The request was made and per the dispatcher, Advanced Life Support Unit Alpha 4 was to respond to the requested location.

        The radio communications indicated that the suspect was agitated and threatened “suicide by cop.”  At one point, I recall hearing that the suspect claimed to be coming out “drawing” a weapon.  The communication also indicated that additional CREST units were being deployed around the home on Oak Street.

        Another radio communication indicated that the suspect was telling negotiators he would be coming out of the front door of the house.  Shortly thereafter, I heard CREST operators stating that the suspect was coming out of the front door.  I turned to face the door and noticed the suspect’s head at the door, then within seconds, noticed the door open very abruptly.  The suspect appeared to be in an aggressive position with his hands raised.  It appeared as though the suspect was pointing a gun in the direction of the team. I heard gunfire upon witnessing the suspect raise his hands.  It appeared as though the gunfire was coming from his direction and from the direction of the team.

       The suspect fell to the ground and was no longer visible from my vantage point.  My immediate concern was that a member of our team had been struck by a bullet.  After the scene was secured by operators, the suspect was brought to the rear of the Bearcat where two CREST Tactical Paramedics and I began to render our assessment and treatment.  Patient care was turned over to Manchester Fire Rescue EMS and Ambulance Service of Manchester personnel.

        I remained on scene with the team until we were driven to Manchester Fire Rescue EMS headquarters.  After 15-20 minutes, I was driven to Manchester Police Department headquarters with the two other CREST Tactical Paramedics to await further instruction.

 

        l. Paramedic Stephen Conley/Ambulance Service of Manchester

 

        Paramedic Conley gave the following signed/sworn statement: On April 2, 2020 at approximately 2000 hrs. I was activated to stage at Nathan Hale School on Spruce Street in Manchester, CT.  This was the staging area for the Capitol Region Emergency Services Team (CREST) for a barricaded suspect with a gun at 181 Oak Street in Manchester, CT.  I am a Tactical Medic on CREST employed by The Ambulance Service of Manchester (ASM).  I have been employed by ASM for over 22 years, have been a Paramedic for 18 years, and a Tactical Medic with CREST for 6 years.

        Upon arriving at Nathan Hale School for staging, … while preparing the Bearcat and our equipment, I was informed by Team leadership that the suspect was barricaded in the basement of his mother’s house with a gun and was wanted for parole violation of an armed robbery.  When given the instruction to move into place, I drove the Bearcat to 181 Oak St.  Upon arrival to the house, a Manchester Police Department (MPD) vehicle was in the front lawn of 181 Oak St. directly in front of the main entry door to the house with officers behind the vehicle.  When we arrived, that MPD vehicle was moved by a MPD officer, and I then drove the Bearcat on to the front lawn of 181 Oak St. at the orders of CREST Team leadership.  The front end (hood and front bumper) of the Bearcat was less than 10 feet from the front steps of the house.  From my vantage point in the driver’s seat, I could clearly see the front entry door of the house.  The front screen door (bottom half metal, top half screen) was closed, but the main entry door was open and there was a clear view into a small area of the house.  I immediately turned on all four Bearcat spotlights and placed them on the house.  One was on the front door, one on the two side first floor windows, one on the one side second floor windows, and the last one on the one side first floor windows.

        From that point, we sat in front of the house receiving orders and updates from CREST command.  I never left or moved from my spot in the driver’s seat and was constantly scanning the windows and front door for movement.  We were informed at one point that the suspect was going to be “coming out of the house and drawing,” and that contact was broken with CREST negotiators.  I immediately began watching the front door, but no movement was noticed.  We were then informed that negotiators had regained contact with the suspect and he was talking about suicide by cop.  We were again notified that the suspect was going to be coming out of the front door and that he kept saying he was sorry.  I then again focused on the front door.  I saw the suspect approaching the front door and he then stepped to the right side (handle side) of the door where I could no longer see him.  For a very brief second the suspect looked out the screen at us and then ducked back to the right side of the door.  Almost immediately after he ducked back, the screen door burst open, almost like it was kicked open.  At the same time the door burst open, the suspect exited the house very aggressively and quickly.  He was running towards us down the front porch towards the front steps very violently with his arms stretched out in front of him in a shooting type stance. He was holding what I believed to be a weapon of some sort in his hands.  During that time I truly felt as though the suspect was a threat to the entire Team safety, and I was convinced the suspect was shooting at us.  By the time the suspect reached the front steps of the porch there were numerous shots fired and the suspect fell backwards on to the front porch.  His feet and legs were on the front steps and his torso was on the front porch right where it meets with the steps, his backside on the porch, his chest and face facing up.

        At that point, I immediately asked if everyone was okay, to which they said yes.  I then contacted ASM dispatch center via telephone and advised them to start Manchester Fire Rescue EMS to the staging area on Spruce Street and to send them on a hot response (using lights and sirens).  I also told ASM dispatch to give the staged ASM ambulance a heads up that we will likely need them to the scene.  Team members, after securing the suspect, carried him to behind the Bearcat.  This is where myself and the other Team Medics on scene began our assessments and treatment of the suspect…Once the scene was secure, I notified CREST command, via radio, to have both the staged ASM ambulance and fire department crews respond to the scene.  When they arrived on scene, we turned patient care over to those units.

        I then stayed on scene until I was driven to the fire department headquarters on Center Street in Manchester.  I stayed there a very short time and was then brought to MPD headquarters in Manchester and awaited further instructions.

 

        m.    Officer Matthew Alexander/Enfield Police Department

 

        Off. Matthew Alexander provided the following report in relation to his actions on 04/02/2020:

        “On 4/2/20 I was dispatched to the town of Manchester for a CREST callout. The page stated that there was an armed barricaded subject at 181 Oak St. Upon arrival I was tasked with being part of the immediate action team, which consisted of the first officers on a scene. I saw Sgt. Desso of the Manchester Police Department at the staging area and spoke to him briefly about the situation. Sgt. Desso stated that Parole went to the home to take Jose Soto into DOC custody. Sgt. Desso stated that while in the house, DOC heard a male’s voice state that he would start shooting if they did not leave. Parole backed out of the home and CREST was called in to assist. Sgt. Desso stated that Soto is believed to be the sole occupant of 181 Oak St at the time. I got dressed and entered the back of the Bearcat to go to the suspect’s house. My current assignment on the team is a breacher.

        Upon arrival in the Bearcat, it was nosed up close to the front door of 181 Oak St. I exited the Bearcat and took up a security position on the driver side of the Bearcat. I could see the front door of the home and what appeared to be a back door as well. On Crest the position of the Bearcat was designated as the 1,2 corner. Commander Buonanducci came over the radio and gave a brief update, the only new information was that negotiators were currently on the phone with Soto and he stated several times he wanted the police to shoot him. Soto told negotiators that he would come out and draw on the police. A Manchester police officer that was in the back of the Bearcat stated that Soto was on parole for Robbery with a firearm and is the primary suspect of other robberies throughout Connecticut.

        At approximately 2113hrs, Commander Buonanducci stated over the radio that Soto was given instructions to come outside. Commander Buonanducci stated that Soto was saying sorry over and over again and was given instructions to keep his hands up. Soto apologizing made me believe that he was not going to surrender but to actually force a use of force situation. I activated the light on my rifle and pointed it at the front door. Due to the angle I could see into the home. There was a storm door that was closed. I saw Soto come to the door and stand there for a few seconds. I could see Soto’s face which was grimacing and appeared angry/upset, his hands were down by his side. I yelled to other members of the team that Soto was at the front door. I did not hear anyone trying to make contact because I was speaking with Sgt. Krom who was to my immediate left. The storm door then flew open and Soto charged out. Soto’s hands were at first down by the side and after taking approximately 2 steps out the door he raised his hands up and together as if he was bringing a handgun up on target while moving towards the team members. Due to Soto’s threats, instructions on how to come out (hands up) and shootings stance when he came out I believed he was raising a handgun on the team of CREST Operators that were on the passenger side of the Bearcat. I fired my rifle at Soto, who went down on the front steps. Sgt. Monge, who was the team leader of the Bearcat team stated that a Manchester K9 would be brought up to pull Soto down from the porch area. CREST medics and operators brought Soto to the rear of the Bearcat while I made entry to the home with another group of CREST operators to conduct a protective sweep of the home. After the protective sweep was completed, I was directed by team leadership to stay in the Bearcat and was transferred off site, ultimately to Manchester Police Headquarters where my rifle, uniform and armor were seized as evidence and turned over to the Connecticut State Police Major Crimes Unit."

 

        n.    Sergeant Shawn Krom/Manchester Police Department

 

        Sgt. Shawn Krom provided the following report in relation to his actions on 04/02/2020:

        “At around 1900hrs I, Sgt. Shawn Krom, received an automated emergency page requesting Capitol Region Emergency Services Team (CREST) for a barricaded suspect with a firearm. At the time I happened to be at the East Central Narcotics Task Force Office and began monitoring Manchester Patrol radio transmissions. I learned that Patrol units were staged at the residence of 181 Oak Street after attempting a warrant service with the Department of Corrections (DOC) Fugitive Task Force for a parole absconder.

        Officer Levesque and I responded to Manchester Police Department where we began equipping the Manchester Armored Bearcat and Manchester equipment van. There we met with other Manchester CREST members and responded to the staging area of Nathan Hale School located on Spruce Street, Manchester.

        Upon arrival I initiated contact with CREST commander Glenn Buonanducci. At this time the decision was made to formulate an Emergency Action Team (EAT) to respond to the residence with the armored Bearcat. This team included CREST Team Leader (TL) Richard Monge and Assistant Team Leader (ATL) Jarred Johnson. I was among the operators assigned to this group. Commander Buonanducci reported that communication with the suspect had been established with CREST negotiators and asked that we allow their communication to continue instead of administering announcements over the PA system.

        The suspect was identified to me as Jose Soto (11/23/1992). It was reported that when officers made contact with residents of 181 Oak Street Soto fled into the basement. It was further reported that Soto conveyed he was armed with a firearm and threatened to shoot officers. This information was derived from several sources including Manchester radio transmissions, our contact with Commander Buonanducci at the staging area, and briefing from on scene personnel. It should be noted that I had received information that morning from Detective Jason Moss that Soto was the suspect in an armed robbery in the Town of Manchester.

        The Emergency Action Team responded to the scene and established a position on the front lawn of 181 Oak Street, relieving Sgt. Justin Gaudino and Officer Robert Johnson. Sgt. Justin Gaudino and Officer Johnson briefed TL Monge and members of the Emergency Action Team about the events that led to their arrival. They reported Soto’s last known location to be the basement of the residence; however he had unrestricted access to the entire structure. Sgt. Gaudino and Officer Johnson advised that the basement door was located just inside the front entry door.

        At that time, the Emergency Action Team confirmed t[h]rough radio transmissions that Soto did in fact have an active warrant for the parole violation.

        CREST members continued receiving updated information through SLACK workspace real time messaging application regarding Soto and his communication with Negotiators.

        During the course of our assignment we received radio updates regarding Soto’s communication with negotiators. At one point we were advised that Soto would be exiting the residence and ‘drawing,’ meaning that he intended to engage officers with a firearm. The suspect did not exit the structure at this time. Subsequent updates revealed on and off communication with Soto, meaning he was terminating the phone calls. Further updates suggested that Soto was intending on engaging officers with the ultimate goal of forcing a deadly confrontation. Toward the latter stages of the incident Soto stated that he was ‘sorry’ for what he was about to do. I understood this to mean that he was moving forward with his intention of forcing a deadly confrontation.

        At this time, I assumed a position at the driver’s side rear of the Bearcat beside Operator Alexander. Operator Alexander was positioned at the immediate corner of the Bearcat and I assumed a position covering to his left side, just off his left shoulder. A short time after taking this position, Soto was observed peering out the front door windowpane. Soto was looking back and forth, his movements were fast and twitchy. It appeared that Soto was taking note of tactical officer’s positions. It should be noted that Soto’s hands were not visible at this point, as if he was attempting to conceal something at his side. One of the Tactical Operators on scene began to call commands for Soto to keep his hands in the air. Suddenly Soto abruptly opened or kicked the door and hastily exited the threshold in a direct line toward Tactical Operators on the passenger side of the Bearcat. As he exited the threshold, Soto assumed what I would describe as a combat shooting stance; crouched with a low center of gravity, both arms extended, hands gripped together with a dark object clasped between them. The object appeared to have a light colored or metallic portion closer to the top. The object had a linear appearance, extending from the suspects hands. It was my belief that the object in [the] Soto’s hands was the firearm he threatened to use against officers. Soto’s body position and assumed firearm position were oriented toward tactical officers on the passenger side of the Bearcat. In that instant I believed Soto was intent on engaging tactical operators with gunfire and the tactical operators lives were in imminent danger. At this time I discharged approximately two-three rounds at Soto. Soto disappeared from my view at which point I reengaged my rifle’s safety. It was apparent that Soto was down on the front porch. Soto’s lower body was extending off the stairs and his abdomen was visible; however his upper body was not visible to me. This sequence of events was extremely quick and I believed that tactical operators had exchanged gunfire with Soto. I advised members of the Emergency Action Team to hold their cover positions. I then spoke to Team Leader Monge and asked if any tactical operators had been struck by gunfire. TL. Monge stated that he would assess the situation and instructed me to continue covering this position.

        I advised members of the Emergency Action Team to resume their cover positions until it could be established if Soto was still in possession of a weapon or posed a threat. Tactical members on the passenger side of the Bearcat formed a contact team. The team included Manchester Patrol Officer Robert Johnson and K9 partner Vito. The contact team approached Soto. As they made the approach, I advanced to the front of the house and assumed a covering position on the front door. K9 Vito was deployed on Soto. Soto was secured at the base of the front porch. At this time I approached the steps of the porch where Soto was down. It was apparent that Soto was unresponsive and in need of immediate medical attention. Do [Due] to the location of Soto, and the fact that the residence had not been cleared. I advised that Soto needed to be relocated to the rear of the Bearcat so CREST medics (unarmed personnel) could safely administer medical attention. Soto was relocated to the rear of the Bearcat at which time medics Bak and Conley began to administer medical care.

        At this time, I joined the entry team and proceeded to clear the residence. It should be noted that at this point the suspect’s firearm had not been located. I do recall walking over a dark colored object on the stairs of the porch which resembled a cellular telephone.

        After the residence was determined to be clear, I was advised to remain in the Manchester Bearcat until receiving further instruction from Chief Darby.

        I then accompanied a group of Tactical Officers to Manchester Center Street Fire House, before responding to Manchester Police Department. I remained in the Manchester Police Department second floor training room until speaking with representatives from Connecticut State Police (CSP) Major Crimes Division. CSP detectives photographed the equipment and clothing I was wearing. These items were seized by CSP detectives for investigative purposes.

 

        o.    Officer David Williams/Manchester Police Department

 

        Off. David Williams provided the following report in relation to his actions on 04/02/2020:

        “On April 2nd around 1955 hours, I was notified of the activation of the Capitol Region Emergency Services Team which I am part of. It was reported that a suspect armed with a gun had barricaded himself in a residence located at 181 Oak St. in Manchester. The CREST Team was to report [to] 160 Spruce St. to stage. Upon arrival to 160 Spruce St. I reported to Lt. Buonanducci.

        It was reported the suspect was identified as Jose Soto. Jose had threatened to shoot two parole officers who were attempting to locate him. Jose also threatened to shoot himself. Jose was last reported to be locked in the basement of the home; no one else was reported to be in the home with Jose. It was believed Jose had a firearm based on his threatened actions, and his family members reports, but no further details could be provided as to the type, make or caliber. Manchester police officers were currently maintaining a perimeter on the residence and Jose was still believed to be in the basement. A negotiator was currently in contact with Jose as well.

       I was assigned to go with Sgt. Monge to be part of an immediate action team in the event Jose decided to surrender or engage the patrol officers that were currently holding the perimeter of the home with gun fire. I was with the following members of CREST for this assignment: Sgt. Monge, Sgt. Krom, Ofc. J. Johnson, Ofc. M. Williams, Ofc. Bycholski, and Ofc. Levesque of the Manchester Police Department, Ofc. Murphy, Ofc. DiLoreto from the Wethersfield Police Department, Ofc. Alexander from the Enfield Police Department, Medic S. Conley and Medic Bak from the Ambulance Service of Manchester. We all loaded into the Bearcat armored vehicle to respond to the location. My assignment within this team was to provide coverage from the Bearcat’s turret to protect the team.

       Medic S. Conley drove the Bearcat to the suspect’s residence and parked on the front lawn, angled off the southwest corner of the home. The final parked position of the Bearcat was around ten yards from the front door to the home. The front door to the home was underneath a covered porch. The front door was facing to the left (west) side of the home, not towards the street, and was set back from the corner of the home. The porch had a half wall that ran two sides, one on the front side and one along the west side of the home, and the stairs came down in the front (south side) of the home attached to the corner where the front door is.

        I used the port in the turret to maintain visual of the front door. From the port I could see the entire porch, stairs leading to the sidewalk and the front door. The front door was open but the screen door was closed. The screen door was white and metallic. The bottom half of the door was solid, the upper half of the door was screened material in the middle with white metal frame on the outside of the screen. The front door was only a few steps from the stairs. If someone was to exit the front door, they would step down one step to be on the porch, then turn left and the steps leading to the porch are right there. The lights from the top of the Bearcat were used to illuminate 181 Oak St. I did not see any movement from within the home when we arrived on scene. It was raining at the time of the incident as well.

        I saw Ofc. M. Williams and Ofc. Murphy were on the passenger side of the Bearcat, and that they had opened the front passenger side door for better protection. The rest of the team was located towards the rear of the Bearcat and I did not know their exact locations. I saw two other Manchester Police Officers located on the front steps to the home just east of 181 Oak St. I radioed to Lt. Buonanducci that the next set of CREST Snipers locate themselves towards this area to assist with the Manchester Police Officers located there.

        Ofc. R. Johnson was one of the Manchester Police Officers we relieved from their perimeter position. Ofc. R. Johnson advised me the basement door was to the left side of the front door and if it opened up I should be able to see it. I maintained visual of this area and advised Sgt. Monge this is where I would be covering. It was aired over the radio that Jose was still on the phone with negotiators.

        While maintaining visual of the front door, a photograph of Jose was sent out to all CREST team members. I viewed this photo and then shared it with the other members of the immediate action team. Other CREST team members, not assigned to the immediate action team, were arriving on scene and relieving other Manchester Police officers from their perimeter positions around 181 Oak St. They were also making contact with other residences in the area to ensure they were sheltered in place. This was radioed in so we all were aware of their actions to protect people in the residences around 181 Oak St. I also heard Ofc. M. Williams yelling for bystanders to get back in their homes and not congregate in the street so they wouldn’t be harmed.

        It was reported Jose was going to come out and shoot at any police on scene. After a little while of silence we were advised the negotiators were able to reestablish communication with Jose. We were also advised he claimed to be in possession of a firearm and wanted to commit suicide by police.

        Not too long after the above radio transmissions, it was radioed that Jose was willing to come out and surrender to us. Over the radio we were notified that Jose was provided instructions to come outside slowly and with his hands in the air. After a brief period of time I saw Jose walk slowly across the doorway from the left to right as I looked at it. Jose then tucked in behind the right side of the door frame as if to hide himself. This was very unusual compared to other surrenders I have been part of in the past. Suspects usually follow the instructions given and open the door slowly and immediately raise their hands. Even though Jose was directed by negotiators to raise his hands, Jose kept them out of sight. I immediately yelled to the rest of the immediate action team that Jose was at the front door and requested someone to begin giving verbal commands to him. I could just make out Jose from his partially hidden pose against the door frame. Jose had his body perpendicular to the door frame to make his outline smaller. Jose then peeked out from his position, looked at us quickly and returned to his hidden position against the door frame. He did this one more time. While this was happening I could hear verbal commands being given from a police officer on scene for Jose to keep his hands up. With a very quick motion I saw Jose turn his full body towards the door and burst through it. Jose immediately raised his arms to chest level with his hands clasped together pointed straight out towards the Bearcat as he moved through the door. It appeared he had a black firearm in his hands and was pointing it towards my teammates standing on the passenger side of the Bearcat. I looked through the scope on my rifle and fired one shot at Jose. I feared that if I did not shoot Jose he would have shot and killed one of my teammates or the innocent bystanders Ofc. M. Williams was yelling at earlier. I heard other gunfire at the same time I shot but could not distinguish where the other shots came from. At this point I saw that Jose fell face up onto the stairs. His feet were at the bottom of the stairs and his upper body was partially obscured by the enclosed portion of the front porch. Jose was lying on his back and still breathing. I put down my rifle and got on top of the Bearcat and drew my issued pistol. I attempted to gain a better visual of Jose but could not see any better from the elevated position. Jose was not reacting to any verbal commands at this point but was still breathing.

       Ofc. R. Johnson gave Jose further verbal commands about the use of his K9 partner. Jose was still breathing, I could tell this as his shirt was raised and his exposed stomach was still moving up and down. Jose did not respond and Ofc. R. Johnson released his K9. While the K9 took a hold of Jose’s left leg the team moved in to pull Jose from the stairs. I remained on top of the Bearcat to provide cover. Jose was pulled from the stairs and on to the sidewalk. Jose was then taken to the rear of the Bearcat where Medics Conley and Bak began to provide treatment. The rest of the immediate action team entered the residence to ensure there were no other victims or suspects inside.

        I briefly covered my rifle while it was on top of the Bearcat with a poncho due to the rain. I got off the top of the Bearcat and saw CPR was being done to Jose. An ambulance was called for and Jose was transported to the hospital. I had retrieved my rifle and closed the turret to the Bearcat to help keep the rain out.

        Myself, Sgt. Krom, Ofc. Alexander and Ofc. Murphy were identified as the officers who shot at Jose when he quickly exited the front door with his arms raised and pointing what looked like a black firearm in our direction. We were told to gather our gear and would be headed to the Manchester Fire and Rescue station on Center St. I grabbed my rifle and cleared it safe. This was done by removing the magazine and then ejecting the live round out of the chamber. This ejected round was put back into the magazine. I then got into the CREST van and was transported to the MFRE station. After a short time there we were requested to head to the Manchester Police Department. Once at the police department, we remained in the second floor training room until we were spoken to by the Connecticut State Police. My rifle and uniform (to include pants, boots, shirt, gun belt, helmet and night vision goggles) were turned over to the CSP Detectives.”

 

        p.    Officer Shane Murphy/Wethersfield Police Department

 

        Off. Shane Murphy provided the following report in relation to his actions on 04/02/2020:

        I, Ofc. Shane Murphy, have been a Wethersfield Police Officer for more than 8 years. I have been on the Capitol Region Emergency Services Team for more than 5 years.

        On Thursday, April 2nd, 2020 I was working evening shift patrol. At approximately, 1955 hours I received a text message for a Capitol Region Emergency Services Team (C.R.E.S.T.) call out at 181 Oak Street, Manchester, CT for a barricaded suspect with a gun. I responded from Wethersfield to the staging area at Nathan Hale School, 160 Spruce Street, Manchester, CT.

        After arriving at the staging area I changed out of my patrol uniform and equipment into my C.R.E.S.T. uniform and equipment. I got onto the Bearcat with several other officers and we left the staging area to go to 181 Oak Street. While en-route to 181 Oak Street, I was informed by C.R.E.S.T. team leaders in the Bearcat that the suspect in the house was wanted by CT DOC Parole and had an active Robbery in the First Degree warrant from Manchester PD. I was told that Parole and Manchester PD went to 181 Oak Street in an attempt to serve the Parole and Robbery warrants. My team leaders told me once Parole and Manchester PD went to the house and spoke to the suspect’s mother, she told them that her son was in the house. Parole and Manchester police heard the suspect yelling from inside the house that he had a gun and would start shooting if anyone came inside. I was told that the mother and other family members had been removed from the house and only the suspect remained inside. I was also told that the C.R.E.S.T. Negotiators were on the phone with the suspect.

        Once we arrived at 181 Oak Street, I exited the rear of the Bearcat. The Bearcat was positioned near the house at an angle, facing the front porch. I looked at the house from both sides of the Bearcat and believed that the passenger side of the Bearcat provided me with the best combination of protection and sightline to the front door. The front porch had approximately 3 stairs with an enclosed railing about 2 feet high. The front door of the house exited onto the porch, facing the driveway; however, the stairs to the porch faced the street. The front door of the house was open but there was a storm door that was closed. The storm door was approximately a 50/50 split, with glass on the top allowing visibility and a solid material on the bottom, which you could not see through. I positioned myself by the front passenger side door of the Bearcat. After approximately 15-20 minutes after we positioned ourselves, Command radioed to us that the suspect told the C.R.E.S.T. Negotiators that he was coming out and was going to commit suicide by cop.

        After a few minutes Command radioed us again, stating that the suspect was back on the phone with C.R.E.S.T. Negotiators. I returned to the back of the Bearcat and checked the C.R.E.S.T. Slack account as further details were being added to the thread. I saw at approximately 2053 hours a photo of the suspect was uploaded, identifying him as Jose Soto DOB 11/23/1992, as well as pictures of the house. There was also a brief recap of the last few minutes, which stated: ‘Suspect claimed to be coming out and drawing. Broke contact with negotiators.’ ‘Negotiators regained contact with the suspect.’ ‘Suspect talking about suicide by cop but is not highly agitated.’

        Once I obtained that information I returned to my position by the front passenger door of the Bearcat. Approximately 20 minutes later Command again radioed that the suspect was going to come out the front door and told C.R.E.S.T. Negotiators that he was sorry. At no point in time did the C.R.E.S.T. Negotiators tell us that the suspect was going to surrender.

        The front passenger door of the Bearcat was open in its furthest opening position. C.R.E.S.T. Operator Ofc. Mike Williams of Manchester PD had his left shoulder against the outermost portion of the door, facing the porch. I was positioned slightly back from Ofc. Mike Williams but with my left shoulder touching his right shoulder. I was also facing the porch. The porch was approximately 10 yards away.

        I heard one of the C.R.E.S.T. operators call out that they saw movement at the door. The door was lit by a spot light, which allowed me to see slightly into the doorway through the glass. I saw a male quickly look out from behind the glass portion of the storm door; his head quickly moved from his right to left, I believed that he was scanning to see our positions. Several C.R.E.S.T. operators yelled out the suspect’s first name, ‘Jose.’ The storm door flew open, in a right to left path, away from my position.

        Ofc. Mike Williams yelled, ‘Jose, keep your hands up’ at the same time the suspect came running out of the house onto the porch. The suspect brought both of his hands from his waistband, his right hand from his right side and his left hand from his left side and drew them together in front of his chest. He was slightly crouched and punched his arms out, extending his arms in front of his chest in a firing position. As the suspect did this I saw what I believed to be a silver muzzle of a handgun in his hands. I feared for my own life, as well as the life of my teammates and fired my patrol rifle at the suspect. I believe I may have fired twice. At the same time I fired, I believed that the suspect also fired at me.

        I saw the suspect fall down on the porch, his legs were extended down the stairs, which I had a clear view of. I could see his legs and his lower abdomen as he was lying on his back. I could not see anything above his abdomen, including his arms and hands. Numerous commands were made for the suspect to show us his hands. There was no response but I could see the suspect’s lower abdomen moving up and down in a manner consistent with breathing.

        I was fearful that the suspect was still a threat to us. A decision was made to utilize a Police K9 to secure the suspect before we approached. Manchester PD Ofc. Rob Johnson arrived at our position with his K9. Ofc. Rob Johnson made several announcements to the suspect to show his hands or to respond verbally to him. After not getting a response and believing the suspect was armed, Ofc. Rob Johnson’s K9 pulled the suspect a little further down the stairs. Seeing no reaction we approached the suspect. I covered the now wide open doorway of the house while Ofc. Rob Johnson removed his K9 from the suspect. I was told to fall back to the Bearcat. I returned to the rear of the Bearcat and saw that the suspect was being treated by several of the C.R.E.S.T. Medics.

        After several minutes I learned that three other C.R.E.S.T. Operators had also fired at the suspect. The four of us were told to sit in the Bearcat and each of us were accompanied by another C.R.E.S.T. Operator. We then moved to the Wethersfield PD C.R.E.S.T. van and were driven to Manchester Fire House #2. After a short time we were then driven to Manchester PD. We all gathered in a large room upstairs and removed our gear/equipment. A few hours later two members of the CT State Police arrived and met with each of us individually. They asked us to put our gear and equipment back on exactly as it was. When it was my turn the State Police took pictures of me and collected all of my gear and equipment except my T-shirt, underwear and socks.”

 

5.        Training/Discipline Records

     a.  Detective Claire Hearn/Manchester Police Department

Detective Hearn has been a member of the Manchester Police Department since May of 2005, graduating #1 in her class at the academy. She has served as a Field Training Officer for new officers. She was promoted to Detective in 2010. She has been a member of CREST as a Crisis Negotiator since 2019.

 

          In addition to scheduled training throughout her career, which regularly involves mental health, behavioral issues and police, Detective Hearn completed other relevant training such as the Finding Words training, which trains police officers how to better interview children and emotionally traumatized sexual assault victims in 2007, Mental Illness/Citizens with Special Needs in 2009, the Crisis In Training in 2015, Managing your Message in a Crisis in 2017, Mental Health First Aid in 2017, Suicide Recognition in 2019, and the FBI Crisis Negotiator Training in 2019.

 

          Detective Hearn has been an instructor in this field for fellow police officers and State of Connecticut Judicial Branch employees. Additionally, she is a member of the Peer Support Team which counsels and supports law enforcement personnel after a traumatic incident. Detective Hearn has been called to assist in East Hartford after a police officer’s suicide and in Newtown after the Sandy Hook tragedy.

 

          Additionally, during an interview for this investigation, Detective Hearn informed me that during her career, she has been able to use her skills and training to successfully conclude, in excess of 25 encounters with emotionally disturbed people threatening to harm themselves with a weapon or drugs.

 

          A review of Detective Hearn’s personnel records from the Manchester Police Department reveals one disciplinary action; unauthorized use of a fellow officer’s computer. There were no sustained Internal Affairs complaints. Additionally, prior to this incident, she had not been involved in any other Police Involved Shootings. 

 

          Detective Hearn received an award from Manchester Youth Service Bureau Award in 2008 to recognize her work with youth and the community. She also received the Meritorious Service Unit Citation in 2010, the Medal of Valor in 2010, a Letter of Commendation in 2011, an Exceptional Service Medal in 2013, the Distinguished Service Unit Citation in 2013, the Meritorious Service Unit Citation in 2014, and a Letter of Commendation in 2018, all from the Manchester Police Department.

 

            b. Officer Matthew Alexander/Enfield Police Department

 

        Officer Alexander has been a member of the Enfield Police Department since March 2014 and a member of CREST since December of 2016.

        In addition to the 80 hour Basic SWAT School, successfully completed in 04/16 to become a member of the Tactical unit within CREST, Officer Alexander completed the following pertinent training: Handgun/Rifle 02/20, Handgun/Shotgun/Chemical Munitions/Defensive Tactics/Hostage Rescue 01/20, Firearms/Shooting Decisions/Use of Force/Patrol Rifle 05/19, Firearms/Shooting Decisions/Use of Force/.Patrol Rifle 04/19, and Use of Less Lethal(EDW) 01/19. Officer Alexander has also successfully completed periodic, mandatory CREST training.

        A review of Officer Alexander’s personnel records from the Enfield Police Department reveals that there were 4 disciplinary actions; 2 for tardiness, and 2 for missed overtime assignments and there are no sustained Internal Affairs complaints. Additionally, prior to this incident, he had not been involved in any other Police Involved Shootings.

        Officer Alexander received a Letter of Commendation in 2019, and a Medal of Valor in 2019 from the Enfield Police Department.

 

        c. Sergeant Shawn Krom/Manchester Police Department

 

        Sergeant Krom has been a member of the Manchester Police Department since June of 2008. He was promoted to Detective in July 2015. He was then promoted to Sergeant in April 2019. He has been a member of CREST since December 2013.

        In addition to the 80 hour Basic SWAT School, successfully completed in 04/14 to become a member of the Tactical unit within CREST, Sergeant Krom completed the following pertinent training: Patrol Rifle/Use of Force 11/19, Firearms/Shooting Decisions 09/19, Use of Force, 09/19, Use of Force/Use of Less Lethal(EDW) 06/19, Patrol Rifle/Use of Force 06/19, Firearms/Shooting Decisions/Use of Force 05/19, Use of Force 01/19, Basic Firearms Instructor 03/16, Patrol Rifle/Shotgun Instructor 12/13. Sergeant Krom has also successfully completed periodic, mandatory CREST training.

        A review of Sergeant Krom’s personnel records from the Manchester Police Department reveals that there is no disciplinary history and there were no sustained Internal Affairs complaints. Additionally, prior to this incident, he had not been involved in any other Police Involved Shootings.

        Sergeant Krom received a Meritorious Service Award in 2015, a Distinguished Service Award on 04/12/12, a Distinguished Service unit Citation in 2011, and a Meritorious Service Unit Citation from the Manchester Police Department in 2010.

 

          d. Officer David Williams/Manchester Police Department

 

        Officer Williams has been a member of the Manchester Police Department since September of 2005. He has been a member of CREST since March of 2009.

        In addition to the Basic SWAT School, successfully completed in 04/09 to become a member of the Tactical unit within CREST, Officer Williams completed the following pertinent training: Constitutional Law/Use of Force 12/19, Patrol Rifle/Use of Force 11/19, Crosshairs Police Sniper/Supervisor Class, 09/19, Patrol Rifle/Use of Force/ 05/19, Firearms/Shooting Decisions/Use of Force 04/19, Glock Armorer’s Course 03/19, Shooting Decisions 01/16. Officer Williams has also successfully completed periodic, mandatory CREST training.

        A review of Officer Williams’ personnel records from the Manchester Police Department reveals that there is no disciplinary history and there were no sustained Internal Affairs complaints. Additionally, prior to this incident, he had not been involved in any other Police Involved Shootings.

        Officer Williams received a Distinguished Service Award in 2011, a Medal of Valor in 2010, and a Letter of Commendation in 2007 from the Manchester Police Department. Additionally, he has served as an Instructor for the Basic SWAT School. 

 

          e. Officer Shane Murphy/Wethersfield Police Department

 

        Officer Murphy has been a member of the Wethersfield Police Department since April of 2011. He became a K-9 handler in April of 2015. He has been a member of CREST since January of 2014.

        In addition to the 80 hour Basic SWAT School, successfully completed in 04/14 to become a member of the Tactical unit within CREST, Officer Murphy completed the following pertinent training: Mini Missions/Taser with Entry 12/19, Handgun/Sub Gun/K-9 Integration 12/19, Firearms/Shooting Decisions, 11/19, Firearms/Firearms (Deadly Force)/ Shooting Decisions/Rifle, 05/19. Officer Murphy has also successfully completed periodic, mandatory CREST training.

        A review of Officer Williams’ personnel records from the Wethersfield Police Department reveals that there was one instance of discipline in his history; Inadequate Record Keeping in 12/13. There were no sustained Internal Affairs complaints. Additionally, prior to this incident, he had not been involved in any other Police Involved Shootings.

        Officer Murphy has received a Medal of Merit Award from the Wethersfield Police Department.

 

 

D.   Evidence/Forensic Laboratory Examination

 

The following items of evidence were seized as part of this investigation:

Exhibit #0001 – One (1) 8GB Compucessory thumb drive containing video taken on Samsung Note 9 belonging to Roberto Soto (04/12/86)

Exhibit #0002 – One (1) Verbatim brand 8GB thumb drive containing dispatch recordings from Manchester PD

Exhibit #0003 – One (1) 32GB thumb drive containing data extraction from cellular phone belonging to Carla Witham

Exhibit #0004 – One (1) piece of black cotton t-shirt with surgical cuts

Exhibit #0005 – One (1) expended .223 caliber casing

Exhibit #0006 – One (1) expended .223 caliber casing

Exhibit #0007 – One (1) expended .223 caliber casing

Exhibit #0008 – One (1) expended .223 caliber casing

Exhibit #0009 – One (1) expended .223 caliber casing

Exhibit #00010 –One (1) expended .308 caliber casing

Exhibit #00011 – One (1) expended .223 caliber casing

Exhibit #00012 – One (1) expended .223 caliber casing

Exhibit #00013 – One (1) expended .223 caliber casing

Exhibit #00014 – One (1) expended.223 caliber casing

Exhibit #00015 – One (1) expended.223 caliber casing

Exhibit #00016 – White fleece slipper with black stripes

Exhibit #00017 – White fleece slipper with black stripes

Exhibit #00018 – One (1) ZTE cellphone, model Z3001S, s/n 320794680426, IMEI 990008987873846, color black, located on the 2^nd step of the front porch

Exhibit #00019 – One (1) Samsung tablet, s/n R52K409PD4J

Exhibit #00020 – One (1) Samsung cellphone in black/pink case

Exhibit #00021 – One (1) Samsung S9, model SM-960U, IMEI 356417093396469

Exhibit #00022 – One (1) Samsung S9, model SM-G960U, IMEI 356417093395339

Exhibit #00023 – One (1) LG smartphone, color black

Exhibit #00024 – Piece of wood sheathing with lead residue

Exhibit #00025 – One (1) piece of fragmented projectile

Exhibit #00026 – One (1) piece of fragmented projectile

Exhibit #00027 – One (1) lead projectile

Exhibit #00028 – One (1) piece of fragmented projectile

Exhibit #00029 – One (1) piece of fragmented projectile

Exhibit #00030 – One (1) piece of copper jacketing

Exhibit #00031 – One (1) piece of fragmented projectile

Exhibit #00032 – One (1) ZTE Model N9518, s/n 324565684215

Exhibit #00041 – One (1) Stag Arms, model Stag 15 rifle, s/n Y432233, with EOTech Optic and Primary Arms magnifier; 25 rounds Winchester .223 ammo

Exhibit #00042 – One (1) green tactical ballistic vest with Taser, first aid kit, large OC spray, mini flash bang, .223 mag (29 rounds), (2) .45 mags, radio/comms

Exhibit #00043 – One (1) Bianchi Duty Belt, color black, with brown nylon trouser belt, flashlight, handcuff case (no cuffs)

Exhibit #00044 – One (1) Bianchi Duty Belt, color black, with brown nylon trouser belt, flashlight, handcuff case (no cuffs)

Exhibit #00045 – One (1) unknown metallic object from Officer Krom’s clothing

Exhibit #00046 – One (1) Tru-Spec tactical jacket, color green, size large regular

Exhibit #00047 – One (1) Tru-Spec tactical operator shirt, color green/black with CREST patches on sleeves, size large regular

Exhibit #00048 – One pair of 5-11 Tactical pants, color green, size 34X34

Exhibit #00049 – One pair of Garmont E3 tactical boots, color sand brown, unknown size

Exhibit #00050 – One (1) G+A Precision Winchester .308 caliber rifle, s/n HRT 159, with NightForce scope, America Defense bipod, magazine with 4 rounds Federal 308 Win ammo

Exhibit #00051 – One (1) camouflage tactical ballistic vest with radio-comms, earphones, tourniquet, chocks (2) .223 magazines, (2) .308 magazines with 5 rounds of Federal 308 Winn ammo

Exhibit #00052 – One (1) nylon duty belt with handcuffs, .223 magazine, .45 cal. magazine and carabiner

Exhibit #00053 – One (1) camouflage tactical operator shirt with CREST patches on sleeves, size 2XL regular

Exhibit #00054 – One (1) pair of camouflage 5-11 tactical pants with black belt, size 40X32

Exhibit #00055 – One (1) camouflage tactical ballistic helmet with Warrior Systems night vision monocular

Exhibit #00056 – One pair of Merrell tactical boots, color sand brown, size 12

Exhibit #00057 – One (1) Stag Arms model Stag 15 rifle, s/n 221146, with Vortez scope, flashlight and laser; 27 rounds of Winchester .223 ammo

Exhibit #00058 – One (1) tactical ballistic vest, color green, with radio/comms, (2) mini flash bangs, handcuffs, .45 cal mag, first aid kit, .223 mag with 30 rounds of Winchester .223 ammo

Exhibit #00059 – Cabela’s rain suit, color green, large regular pants and large tall jacket

Exhibit #00060 – One (1) nylon duty belt with holster, gloves, gas mask (2) .45 cal magazines, and .223 cal magazine with 30 .223 Win rounds

Exhibit #00061 – One (1) Tru-Spec tactical operator shirt, color green/black, size large regular; no patches

Exhibit #00062 – One pair of UF/PRO tactical pants with RDR brand nylon belt, color green; Sure Fire flashlight in left thigh pocket

Exhibit #00063 – One (1) tactical ballistic helmet, color green with earphones and flashlight

Exhibit #00064 – One pair of Salomon Cross5 GTX shoes, color black, size 9.5

Exhibit #00065 – One (1) Stag Arms model Stag 15 rifle, s/n 325021, with EOTech sights, magnifier and laser; 29 rounds of Federal .223 ammo in a 32 round magazine

Exhibit #00066 – One (1) tactical ballistic vest, color green with CREST patches on sleeves; radio/comms, magnets, breach pen, ceramic shotgun rounds, (2) flash bangs, window punches, night vision

Exhibit #00067 – One (1) nylon duty belt with holster, gas mask, first aid kit, (3) .40 cal mags, .223 cal magazine with 32 rounds

Exhibit #00068 – One (1) UF/PRO full zip tactical jacket, size XL with CREST patches on sleeves

Exhibit #00069 – One pair of UF/PRO tactical pants, color green, unknown size, with handcuffs, notebook, keys, flashlight, knife and gloves

Exhibit #00070 – One (1) tactical ballistic helmet, color green, with earphones

Exhibit #00071 – One pair of Salomon boots, color green, size 11

Exhibit #00072 – Calvin Klein crewneck sweatshirt, color black, size Large; with BLS, bullet holes on right chest, and surgical cuts

Exhibit #00073 – One (1) Russell full zip hooded sweatshirt, color gray, size medium; with BLS, bullet holes in abdomen, and surgical cuts

Exhibit #00074 – One pair of AGCotton sweatpants, color gray, size XL; with BLS and surgical cuts

Exhibit #00075 – One (1) purple/blue US Forces brand short sleeve t-shirt, size XL; with BLS, bullet holes on right chest and surgical cuts

Exhibit #00076 – One pair of white mesh basketball shorts, no tags; with BLS

Exhibit #00077 – One pair of Layer 8 sweatpants, color black, size medium; with surgical cuts

Exhibit #00078 – One pair of black crew socks

Exhibit #00079 – One pair of black/purple Nike Air Jordan sneakers, size 8.5 with BLS and a Bic lighter in left shoe

 

        The firearm from Officer Matthew Alexander from the Enfield Police Department was seized and examined. It was a Stag Arms model Stag 15 5.56mm (cal. 223) semi-automatic carbine (serial number 0325021). Exhibit #0065. This weapon was equipped with a holographic sight and separately mounted optical magnifier. A flashlight and laser aiming device were also mounted to the rifle. The weapon was accompanied by a thirty-two round (32) magazine that contained twenty-nine (29) .223 jacketed soft point (JSP) cartridges with Federal (FC) head stamps. The two (2) spare magazines in Alexander’s ballistic vest contained thirty-two (32) and thirty-one (31) rounds of the same type.

        The firearm from Sergeant Shawn Krom from the Manchester Police Department was seized and examined. It was a Stag Arms model Stag 15 caliber .223 semi-automatic carbine (serial number Y432233). Exhibit #0041.The rifle was equipped with a holographic sight and separately mounted optical magnifier. A laser aiming device was also mounted to the rifle. The weapon was accompanied by a thirty round magazine that contained twenty-five (25) .223 jacketed soft point (JSP) cartridges with Winchester head stamps. The spare magazine in Krom’s ballistic vest contained twenty-nine (29) rounds of the same type. Krom’s helmet was equipped with a night observation device.

       The firearm from Officer David Williams from the Manchester Police Department was seized and examined. It was a G+A Precision caliber .308 bolt action rifle (serial number HRT 159). Exhibit #0050. The rifle was equipped with a variable 5.5-22x optical sight and a sound suppressor. The detachable box magazine contained four (4) .308 caliber hollow point boat tail (HPBT) cartridges with Federal (FC) head stamps. William’s helmet was also equipped with a night observation device.

       The firearm from Officer Shane Murphy from the Wethersfield Police Department was seized and examined. It was A Stag Arms model Stag 15 5.56mm (cal. 223) semi-automatic carbine (serial number 221146). Exhibit #0057. This weapon was equipped with a 1-6x optical sight, flashlight, laser aiming device and a sound suppressor. The weapon was accompanied by a thirty round magazine that contained twenty-seven (27) .223 jacketed soft point (JSP) cartridges with Winchester head stamps. The spare magazine in Murphy’s ballistic vest contained thirty (30) rounds of the same type.

       A total of eleven (11) shell casings were recovered from the scene at 181 Oak Street. Ten (10) expended caliber .223 casings were recovered from the vicinity of the police vehicles parked off the front of the house. One (1) expended caliber .308 casing was found as well. Three (3) of the caliber .223 casings bore the head stamp ‘FC’ (exhibits #6, #7, and #9). The remaining seven (7) caliber .223 casings bore the head stamp ‘Winchester’ (exhibits #5, #8, #11, #12, #13, #14, and #15). The expended caliber .308 casing (exhibit #10) bore the head stamp ‘FC.’

       The evidence showed that all projectiles were fired from the vicinity of the tactical police vehicles on the front lawn towards the front porch of the house at 181 Oak Street. The DESPP Forensic Laboratory examined the four (4) rifles seized from CREST team members the eleven (11) cartridge casings collected at the scene. The results of the examinations were written into a report generated by the Firearms Section of the Laboratory on June 4, 2020. The Laboratory matched all of the submitted cartridge casings to the submitted rifles.

       The Laboratory found the Stag Arms model Stag 15 5.56mm (cal. 223) semi-automatic carbine (serial number 0325021) obtained from Officer Matthew Alexander of the Enfield Police Department to be operational. The Laboratory also identified the .223 casings seized as exhibits # 6, #7, and #9 as having been fired in this weapon.

       The Laboratory found the Stag Arms model Stag 15 caliber .223 semi-automatic carbine (serial number Y432233) obtained from Sergeant Shawn Krom of the Manchester Police Department to be operational. The Laboratory also identified the .223 casings seized as exhibits # 5, #8, and #11 as having been fired in this weapon.

       The Laboratory found the G+A Precision caliber .308 bolt action rifle (serial number HRT 159) obtained from Officer David Williams of the Manchester Police Department to be operational. The Laboratory also identified the .308 casing seized as exhibit #10 as having been fired in this weapon.

       The Laboratory found the Stag Arms model Stag 15 5.56mm (cal. 223) semi-automatic carbine (serial number 221146) obtained from Officer Shane Murphy of the Wethersfield Police Department to be operational. The Laboratory also identified the .223 casings seized as exhibits # 12, #13, #14 and #15 as having been fired in this weapon.

  

E. Office of the Chief Medical Examiner

 

        On or about June 3, 2020, the Western District Major Crime Squad received the completed autopsy and toxicology reports for Jose Soto from the Office of the Chief Medical Examiner. The examining physician, Associate Medical Examiner Gregory Vincent, M.D., noted that the decedent had been struck by four (4) bullets. The wounds were described as follows and in no particular sequence:

        The first wound noted was a perforating gunshot wound to the left outer ear. The trajectory was from front to rear. The entrance of the second gunshot wound was located on the right side of the neck slightly right of midline. The trajectory was downward into the chest cavity, left to right, front to back. Bullet fragments were recovered from the muscles of the back. The third gunshot wound was a penetrating wound entering at the right side of the chest. The trajectory of this round was from front to back, left to right, and downward. Fragments were recovered from the muscles of the right side of the chest. The fourth gunshot wound track also entered on the right side of the chest. This round traveled front to back, right to left and downward. Fragments from this round were recovered from the muscles of the left side of the chest and axilla. Superficial wounds consistent with secondary projectiles were noted in the chest and injuries from a dog bite were noted on the left leg.

        The toxicology report noted positive findings for marijuana. Dr. Vincent reiterated the cause of death as rifle wounds of the neck and torso and the manner of death as homicide.

        Based upon the bullet fragments recovered by Dr. Vincent, the DESPP Forensic Laboratory could not determine which of the four seized rifles fired any of the rounds that struck Mr. Soto.

        Mr. Soto’s fingerprints were taken during the autopsy and sent to the Connecticut State Police Bureau of Identification to confirm his identity. See Appendix H.

  

F.  Video Evidence

 

The neighborhood canvass and interviews uncovered two (2) videos.

 

1.       Roberto Soto Video

 

        One sequence of videos was recorded by Roberto Soto, from 190 Oak Street., which is located opposite 181, on the south side of the road, east of 181. The approximate distance between the residences is one hundred and thirty nine (139) feet.

         The first video in the sequence was recorded on 04/02/2020 at approximately 9:16 pm. It is thirty two (32) seconds long and depicts CREST members standing by the Bearcat. Conversation can be heard but it is inaudible. An officer and a K-9 can be seen walking along the street side of 181 Oak Street.

         The second video in the sequence was recorded on 04/02/2020 at approximately 9:18 pm. It is one (1) minute and four (4) seconds long and depicts an individual, later identified as Jose Soto, lying on the front porch, with a CREST member moving on the sidewalk. A dog can be heard barking and moments later, the dog approaches and engages Mr. Soto. Multiple CREST members then approach the front porch and a voice can be heard saying, "ow." Multiple CREST members drag Soto off the porch and position him on the front sidewalk before carrying him to the rear of the Bearcat, which is not visible from this recording view.

         The third video in the sequence was recorded on 04/02/2020 at approximately 9:22 pm. It is five (5) seconds long and depicts members of CREST walking and moving about in the area of the Bearcat. There is activity to the rear of the Bearcat. One CREST member is on his knees, with his upper body and arms moving in a reciprocating motion while over another individual who is on the ground beneath him. This motion is indicative of performing CPR.

         A second video was recorded by Louis Neals, from 184 Oak Street., which is located opposite 181 Oak Street, on the south side of the road. The approximate distance between the residences is one hundred and one (101) feet.

         There is a tree blocking a partial view of where the incident takes place.

         At the start of the video, one sees CREST's Bearcat vehicle parked in the front yard of 181 Oak Street. Multiple uniformed officers are in and around the Bearcat. The front of 181 Oak St. is lit up with lights from outside sources. At the nine (9) second mark, one can hear the name, "Jose," being said, almost simultaneously to the front door of 181 Oak St. opening. Another voice is heard saying, "Jose, put your hands up." Once the door is open, an individual steps out from the doorway. This individual, who was later identified as Jose Soto, exits the residence very abruptly, with his left arm noticeably by his waist area, which is then seen coming upward, meeting his right arm, so as both arms are positioned/extended directly out in front of him. Mr. Soto is advancing from the doorway towards the front steps while conducting these actions. Mr. Soto takes one step onto the front porch before the first round is fired at him. Multiple rounds are then fired at Mr. Soto and he falls on the front porch. This series of events takes place over an approximate two (2) second time frame. Once Mr. Soto falls, another light is cast onto the area.

        The device the video was recorded on then moves so as to not visually record the ongoing incident but it still captured audio. (Neals is heard reacting to what he just saw). A voice can be heard saying, "put your hands up," in the background. Other voices are then heard saying, "dog." A voice is then heard saying, "Jose, put your hands up." A dog is then heard barking. As voices can be heard stating something about a dog, the device is then moved back into a position where the ongoing incident can be seen. Members of CREST move towards the front porch and a voice can be heard saying, "ow," several times. Multiple CREST members are standing around where Soto had fallen. Members of CREST are then seen carrying Soto to an area by the Bearcat.

 

4.       Officer Rago’s Dashboard Camera Video

 

        Seventeen (17) dashboard cameras from Manchester Police Department cruisers were recording at times throughout incident. Only one (1), from “Timothy Rago Car 1” recorded pertinent footage for this investigation. There is no audio. The view is obstructed by vehicles, rain, and windshield wipers. During the timeframe when this dashboard camera records the pertinent information for this investigation, the camera is facing east on Oak Street, with 181 Oak Street in the center of the camera’s view.

21:14:08 – a door is seen swinging open. An individual is seen abruptly emerging from the door. The individual is quickly seen falling out of view.

21:17:28 – first movement of individuals/officers approaching the residence.

21:18:12 – movement seen of individuals/officers exiting the residence’s premises.

21:18:22 – movement seen at the rear of the Bearcat with an individual on the ground and multiple other individuals around the individual on the ground.

21:18:32 – individual approaches the individual on the ground with bags in hands. The individual on the ground can be seen being medically treated, with CPR in progress, until the ambulance arrives and that individual is put in the ambulance at 21:25:14.

 

          See Appendix C for Video Evidence

 

 

 

G.   Cell Phone Examinations

 

        A number of cell phones obtained during this investigation were examined by means of search warrant obtained through a Superior Court Judge or by means of consent given by the cell phone owner. Two of the cell phones contained relevant information for this investigation. The cell phone downloads were conducted by Detectives from the Connecticut State Police and the Manchester Police Department at the Center for Digital Investigations. All of the downloads were done via the Cellebrite Logical UFED System.

 

1.     Carla Hansen 860-xxx-3166

 

        An examination of Carla Hansen’s cell phone revealed that there were 2 contact entries for “Jay Soto” with 860-268-2703 as the associated phone number. One of the entries listed “jay.soto.9237,” as an associated username. It was determined that Mr. Soto was using a cell phone with 787-565-6333 associated with it on 04/02/20.

 

Based on the timeline of this incident 27 calls on 04/02/20 were deemed pertinent:

19:38:17 – incoming/rejected call from 787-565-6333 (Voice Mail)

19:39:06 – incoming call from 787-565-6333 (duration 00:02:19)

19:41:41 – outgoing call to 860-xxx-0252 (duration 00:01:03)

19:47:45 – outgoing call to 860-xxx-6115 (duration 00:00:00)

19:48:40 – outgoing call to 860-xxx-6115 (duration 00:00:00)

19:48:49 – outgoing call to 860-xxx-6115 (duration 00:00:00)

19:50:06 – outgoing call to 787-565-6333 (duration 00:00:02)

19:51:18 – outgoing call to 787-565-6333 (duration 00:01:34)

19:51:22 – incoming call from 787-565-6333 (duration 00:03:00)

19:54:51 – outgoing call to 860-xxx-6115 (duration 00:00:00)

20:00:47 – incoming call from 787-565-6333 (duration 00:14:35)

20:15:35 – outgoing call to 787-565-6333 (duration 00:00:04)

20:15:52 – outgoing call to 787-565-6333 (duration 00:00:00)

20:17:22 – outgoing call to 787-565-6333 (duration 00:00:02)

20:17:53 – outgoing call to 787-565-6333 (duration 00:00:01)

20:18:18 – outgoing call to 787-565-6333 (duration 00:00:01)

20:18:46 – outgoing call to 787-565-6333 (duration 00:00:02)

20:19:23 – outgoing call to 787-565-6333 (duration 00:00:01)

20:19:39 – outgoing call to 787-565-6333 (duration 00:00:01)

20:20:27 – outgoing call to 787-565-6333 (duration 00:00:03)

20:21:01 – incoming call from 787-565-6333 (duration 00:05:53)

20:28:09 – incoming call from 860-xxx-0252 (duration 00:00:04)

20:28:20 – incoming/rejected call from 860-xxx-0252

20:28:28 – incoming/rejected call from 860-xxx-0252

20:28:56 – incoming call from 787-565-6333 (duration 00:05:54)

20:40:08 – incoming call from 787-565-6333 (duration 00:01:31)

21:24:50 – incoming/missed call from 860-xxx-0252

 

        Additionally, one voicemail was located under the file name “voicemail12.amr.” The voicemail is 13 seconds long and states the following:

 

“Carla. This is me, J. The cops is at my mother’s house on Oak Street. I’m going to shoot it out with them, they’re going to kill me. Tell JJ I love him. I’m sorry.”

 

   

2.     Jose Soto 787-565-6333

 

Exhibit #00018 – One (1) ZTE cellphone, model Z3001S, s/n 320794680426, IMEI 990008987873846, color black, located on the 2nd step of the front porch

 

Based on the timeline of this incident 25 calls on 04/02/20 were deemed pertinent:

 

19:39:50 – outgoing call to 860-xxx-3166 (duration 00:00:40) VM Ms. Hansen

19:40:44 – outgoing call to 860-xxx-3166 (duration 00:02:24) Ms. Hansen

19:43:15 – outgoing call to 860-xxx-9502 (duration 00:00:00)

19:52:58 – outgoing call to 860-xxx-3166 (duration 00:03:01) Ms. Hansen

19:56:11 – outgoing call to 203-xxx-9702 (duration 00:01:10)

19:57:28 – outgoing call to 860-xxx-9502 – “Domskii” in contacts (duration 00:00:56)

19:58:38 – outgoing call to 860-xxx-1458 – “My Guy” in contacts (duration 00:00:57)

19:59:58 – outgoing call to 860-xxx-1576 – “John” in contacts (duration 00:00:42)

20:02:24 -outgoing call to 860-xxx-3166 (duration 00:14:38) Det. Hearn

20:22:07 -outgoing call to 860-xxx-3166 (duration 00:00:05) Det. Hearn

20:22:38 -outgoing call to 860-xxx-3166 (duration 00:05:58) Det. Hearn

20:30:31 -outgoing call to 860-xxx-3166 (duration 00:05:58) Det. Hearn

20:36:51 -outgoing call to 203-xxx-9702 (duration 00:00:40) Det. Hearn

20:41:47 -outgoing call to 860-xxx3166 (duration 00:01:48) Det. Hearn

20:46:21 -incoming call from 860-841-8057 (duration 00:04:34) Det. Hearn

20:51:46 -incoming call from 860-841-8057 (duration 00:02:17) Det. Hearn

20:55:31 -incoming call from 860-841-8057 (duration 00:01:49) Det. Hearn

20:58:00 -incoming call from 860-841-8057 (duration 00:00:00) Det. Hearn

20:58:29 -incoming call from 860-841-8057 (duration 00:03:17) Det. Hearn

21:02:59 -incoming call from 860-841-8057 (duration 00:00:00) Det. Hearn

21:03:26 -incoming call from 860-841-8057 (duration 00:01:27) Det. Hearn

21:05:58 - incoming call from 860-841-8057 (duration 00:03:23) Det. Hearn

21:10:20 -outgoing call to 860-841-8057 (duration 00:00:21) Det. Hearn

21:10:48 -outgoing call to 860-841-8057 (duration 00:00:17) Det. Hearn

21:11:22 -outgoing call to 860-841-8057 (duration 00:02:03) Det. Hearn

 

-860-xxx-9502, identified as “Domskii” in the contacts in Mr. Soto’s phone, was contacted by the Connecticut State Police. A voicemail was left on 06/10/2020 and went unreturned.

 -860-xxx-1576, identified as “John” in the contacts in Mr. Soto’s phone, was contacted by the Connecticut State Police on 06/10/2020 at 1155 hours. The female who answered the phone identified herself as Jessica. She stated she “kind of dated” Soto for a while. She stated Soto had her phone for a few days. She stated Soto called her the night of the incident and told her the cops were outside, he was scared, and this was the last time he was going to speak with her. She stated she didn’t believe him until she saw the Facebook video. She stated she was willing to give a statement because she “wants justice for Jose.” An interview was scheduled for 06/19/2020 at 1200 hours at the Manchester Police Department. This individual did not show for the scheduled interview and no further communication occurred between her and the Connecticut State Police, despite attempts to do so.

 -203-xxx-9702 – The Connecticut State Police called this number and left a voicemail on 06/10/2020 that went unreturned.

 -860-xxx-1458 – identified as “My Guy” in the contacts in Mr. Soto’s phone was contacted by the Connecticut State Police. A voicemail was left on 06/10/2020. On 06/13/2020, a voicemail recording by a male relayed the following statement: “Someone called my phone asking if they could speak to me because [inaudible] doing an investigation. I have no comments. I don’t want nothing to do with it. Leave me alone, otherwise I’ll have to contact my attorney. Have a nice day.”

        The examinations of Carla Hansen’s cell phone and Jose Soto’s cell phone corroborate each other, corroborate Mr. Hansen’s statement, corroborate Ms. Hansen’s statement, and corroborate Detective Hearn’s report. 

         Aside from the voice mail left by Mr. Soto to Ms. Hansen, and the cell phone conversations between Mr. Soto and Ms. Hansen at the beginning of the incident, there were a total of fourteen (14) telephone conversations between Mr. Soto and Detective Hearn on 04/02/20 totaling 47 minutes, 55 seconds. The first conversation is at 20:00:47 (8:00:47 pm) and the last conversation is at 21:11:22 (9:11:22 pm). The conversations range in length from as little as 00:00:05 (5 seconds) to as long as 00:14:38 (14 minutes, 38 seconds). The first 5 conversations take place with Detective Hearn utilizing Ms. Hansen’s cell phone, and the last 9 conversations take place with Detective Hearn utilizing the department issued telephone in the Mobile Command Post. The first 5 of the 14 conversations are initiated by Mr. Soto, the next 6 conversations are initiated by Detective Hearn, and the last 3 conversations are initiated by Mr. Soto. Additionally, there are 2 calls from Detective Hearn that Mr. Soto does not answer at 20:58:00 (8:58:00 pm) and 21:02:59 (9:02:59 pm).

 

 

 

H.    Miscellaneous

        Jose Soto was on parole for an incident that occurred on 08/31/13. The clerk at a convenience store on Oak Street in Manchester, CT indicated that a white male robbed the store of money and cigarettes while displaying a black handgun. The male fled the scene. Surveillance video from the store was reviewed and Jose Soto was identified as a suspect. A search warrant was executed and evidence was recovered from Mr. Soto that was relevant to the case. Mr. Soto was arrested for Robbery in the 1^st Degree on 01/09/14. He was convicted of Robbery in the 1^st Degree on 09/05/14 and received a sentence of 4 years to serve, followed by 4 years of Special Parole.

        Mr. Soto was released to Special Parole and sent to halfway house on 07/21/17. After 3 prior violations at a halfway house, with a return to the Department of Corrections, and subsequent reinstatement of Special Parole each time from 10/17/19 through 11/18/19, Mr. Soto was released to the Eddy Center (halfway house) on 08/28/19. On 09/10/19, Mr. Soto failed to return to The Eddy Center and his whereabouts were unknown. He was declared an absconder on 10/07/19.

        The Connecticut Parole Fugitive Task Force provided Detective Koeppel of the Connecticut State Police with the following information:

        A warrant for re-imprisonment was issued on 10/07/19. The File 05, Wanted Person Entry, for Mr. Soto, Message #: 9284023, indicating full extradition was authorized for parole violation, absconding, noting his original offense as Robbery in the 1st Degree.

        The following are law enforcement computer data base bulletins posted about Mr. Soto prior to 04/02/20:

 

 

Message #: 9250454                09/09/2019 11:43

DOC Parole Hartford

Date Supervision Started: 09/09/2019

Date Supervision Ends: 07/20/2021

Miscellaneous Information: "Subject resides in DOC HWH [Halfway House]. No drinking. No driving. No drugs. No weapons. [...] If arrested contact PO immediately..."

 

 

File 17 - Supervised Person Modify

Message #: 9257935               09/16/2019 15:08

DOC Parole Hartford

Miscellaneous Information: "Escaped from HWH. Do not release. Absconded from HWH. Contact PO

immediately via 24hr answering service..."

 

File 05 - Wanted Person Entry

Message #: 9284023              10/10/2019 17:07

DOC Parole Fugitive Unit

Soto, Jose

Date of Warrant: 10/10/2019

Extraditable

Original Statute violation: C.G.S. 53a-134 - Robbery in the 1st Degree

Current violation: C.G.S. 54-125e - Parole Absconder

Miscellaneous Information: "Subject is a parole absconder. Any contact please detain and call the fugitive investigations unit. [...] Will extradite from anywhere in the US..."

 

        Additionally, Mr. Soto was suspected of committing a series of robberies throughout the state Of Connecticut during the fall of 2019 through the winter of 2019/2020.

        On 10/28/2019 the American Eagle Financial Credit Union in West Hartford was robbed. The suspect was described as white/Hispanic male, 5’10”, in his mid/late 20’s. The suspect implied he had a gun. Mr. Soto was developed as a suspect, and Danisha Soto, Mr. Soto's sister, was contacted and shown surveillance photos of the suspect from the bank robbery. She positively identified the suspect as her brother Jose Soto, albeit not in a sworn written statement, but verbally to the investigating detective. Noraida Diaz, mother of Mr. Soto, also confirmed the surveillance footage images looked like Jose Soto, but was unwilling to get further involved. A third individual, Celia Fournier, a friend of Jose's, also positively identified Jose Soto from the surveillance footage, but also did not provide a written statement. Finally, Parole Officer Lindgren was contacted and viewed a surveillance photo from the incident, and he stated he was 90-100% positive that the photo was of Jose Soto. Swabs were taken from the scene in an attempt to obtain DNA and were sent to the laboratory for analysis, which found low level DNA, insufficient for analysis. The case was closed with Soto being named as the prime suspect on 04/02/20.

        On 02/27/2020 an armed robbery occurred at the 7-Eleven, 706 Main Street, Manchester, CT. The suspect, described as a white or Hispanic male, was in possession of a black handgun. Fingerprints from the suspect were obtained from the scene and sent to the DEESP Forensic Laboratory for analysis, and Mr. Soto was positively identified as the suspect on 04/01/20.

        On 03/15/20, an armed robbery occurred at the 7-Eleven, 517 Boston Post Road, Milford, CT. The suspect implied he possessed a gun and was described as a Hispanic male, approximately 5'8", with facial hair. The incident was captured on the store's surveillance camera. Parole Officer Christopher Sullivan identified the suspect from the surveillance footage as Jose Soto. A West Hartford Police Detective investigating the robbery from the American Eagle Financial Credit Union on 10/28/2019, identified Soto from the surveillance footage. A counselor at Soto's halfway house, Kenneth Mogor, also identified Soto as the suspect from the footage. A warrant for Mr. Soto’s Arrest for Robbery in the First Degree was signed on 03/26/20 by Supervisory Assistant State’s Attorney Howard Stein from the Ansonia-Milford State’s Attorney’s Office, and a Superior Court Judge signed the warrant on 04/01/20.

 

 

TIMELINE OF SIGNIFICANT EVENTS OF THE INVESTIGATION

 

04/02/20 Officer Involved Shooting, 181 Oak Street, Manchester

04/02/20 Search and Seizure Warrant for 181 Oak Street, Manchester

04/02/20 Witness Interviews begin, continue through 08/26/20

04/03/20 OCME Post-Mortem Exam

04/10/20 Search and Seizure Warrant for Facebook

04/16/20 Telephone Meeting with Mr. Soto’s Family

04/16/20 Zoom Meeting with AABAC

04/21/20 OCME Toxicology Report

04/23/20 Zoom Meeting with portion Manchester Board of Directors

04/23/20 Zoom Meeting with portion Manchester Board of Directors

04/23/20 Zoom Meeting with portion Manchester Board of Directors

04/29/20 Telephone Meeting with Mr. Soto’s Family

05/01/20 Firearms and Casings Delivered to Forensic Lab

05/06/20 Zoom Meeting with MLAC

05/28/20 OCME Post-Mortem Report

06/04/20 Forensic Lab Report Re: Firearms/Casings

06/04/20 Meeting with State of Connecticut Representative for Manchester

06/10/20 Zoom Meeting with AABAC

06/26/20 Cell Phone Download Analyzed

06/30/20 Facebook Response; Video Deleted, Therefore No Enhancement

07/10/20 Telephone Meeting with Mr. Soto’s Family

07/20/20 First Reports Delivered from CSP, continue through 09/03/20

07/30/20 Interview with Select CREST Personnel

08/24/20 Cell Phone Download Analyzed

08/26/20 Last Witness Interview

09/03/20 Last Report from CSP

09/29/20 Last Information Received from the Three Police Departments

10/07/20 Tolland State's Attorney's Report submitted to the Office of the Chief State's Attorney

 

 

III. LAW REGARDING DEADLY FORCE BY POLICE OFFICERS

 

        The purpose of this investigation is to determine whether the use of deadly force by Officer Alexander, Sergeant Krom, Officer Williams, and Officer Murphy was appropriate under CGS §53a-22.

        Connecticut General Statutes § 53a-22(c) provides:

“A Peace Officer. . . is justified in using deadly physical force upon another person for the purposes specified in Subsection (b) of this section only when he reasonably believes such to be necessary to:  (1) defend himself or a third person from the use or imminent use of deadly physical force; or (2) effect an arrest or prevent the escape from custody of a person whom he reasonably believes has committed or attempted to commit a felony which involved the infliction or threatened infliction of serious physical injury and if, where feasible, he has given warning of his intent to use deadly physical force.”

        Connecticut General Statutes § 53a-22(b) provides:

“Except as provided by subsection (a) of this Section, a Peace Officer. . . is justified in using physical force upon another person when and to the extent that he reasonable believes such to be necessary to:  (1) Effect an arrest or prevent the escape from custody of a person whom he reasonably believes to have committed an offense, unless he knows that the arrest or custody is unauthorized; or (2) Defend himself or a third person from the use or imminent use of physical force while attempting to effect an arrest or while preventing or attempting to prevent an escape.”

       Consequently, pursuant to Connecticut General Statutes § 53a-22(c)(1), a police officer may use deadly force when he reasonably believes the use of such force is necessary to defend himself or another from the use or imminent use of deadly physical force.  The test is both subjective and objective. First, the officer must believe that the use of deadly force is necessary to defend himself or another from the imminent use of deadly physical force.  Second, that belief must be objectively reasonable.  See State v. Prioleau, 235 Conn. 274(1995).

       The test is not whether it was in fact necessary for the officer to use deadly physical force in order to defend against the imminent use of deadly physical force.  The test is whether the officer believed such to be the case, and whether such belief was objectively reasonable, based on the facts and circumstances known to the officer at the time the decision to use deadly force was made.  See State v. Silveira, 198 Conn 454 (1986); State v. Adams, 52 Conn. App. 643 (1999).

       The United States Supreme Court explained this test in detail in a civil rights action.

“The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than the 20/20 vision of hindsight. . .  The calculus of reasonableness must embody allowance to the fact that police officers are often forced to make split-second judgments---in circumstances that are tense, uncertain, and rapidly evolving---about the amount of force that is necessary in a particular situation.”  Graham v. Connor, 490 U.S. 386, 109 S. CT 1865, 104 L. Ed. 2d 443 (1989).

 

IV. FINDINGS/CONCLUSIONS

        Based upon a review of all of the information available, including all of the police reports, witness statements, video evidence, audio evidence, Medical Examiner’s post-mortem report, reports from the Department of Emergency Services and Public Protection, Division of Scientific Services, as well as a review of the scene itself, it is found that on 04/02/20 at approximately 7:00 pm, Parole Officer John Lindgren and Parole Officer Frank Vieira of the Department of Correction, Board of Pardons and Parole went to 181 Oak Street in Manchester, CT to speak to Noraida Diaz, mother of parole fugitive Jose Enrique Soto. Parole Officer Lindgren and Parole Officer Vieira went to that address to gather intelligence of the whereabouts of Mr. Soto because Mr. Soto was considered a parole absconder and had a remand to custody order for arrest. Mr. Soto was on parole for Robbery in the 1st Degree and has been an absconder since 10/07/19 when he failed to return to the halfway house he had been assigned to. Since absconding from parole, Mr. Soto has been identified in several armed robberies in several towns in Connecticut, including Manchester, and Mr. Soto was alleged to have displayed a handgun during at least one of the robberies.

        The Parole Officers knocked on the front door of Ms. Diaz’s residence at 181 Oak Street. After some time, a male (later identified to be Anthony Vazquez) came to the door. This male told the Parole Officers that he needed to go get a mask due to the Covid-19. After some delay, an unknown younger male who was hiding behind a basement door about 8-10 feet from the open front doorway started communicating with Parole Officer Vieira, by yelling, “Get the fuck out of here, my mother doesn’t want to talk to any police, I just talked to her and she’s tired of talking to you guys about my brother, Get the fuck out.” The Parole Officers began to think that the unknown male was Mr. Soto. The unknown male then stated “Please mommy, please mommy don’t let them in.” It then became apparent that the male subject behind the basement door was Jose Enrique Soto.

        A woman was seen through the kitchen window, wearing a mask and gloves, and was assumed her to be Noraida Diaz. She appeared to be in distress, and it appeared she was not being allowed to exit the residence by the unknown male. The two Parole Officers then determined that the Manchester Police Department needed to be notified.

        Ms. Diaz finally agreed to come outside. Once Ms. Diaz was outside, she was asked if her son Jose Enrique Soto was in the residence, and she responded, “Yes.” She was then asked if he had a firearm, and she stated, “I think he has a gun and that he may try to harm himself.” Ms. Diaz was then asked who else was in the residence, and she stated that her 15-year-old daughter and her boyfriend who answered the front door earlier were still inside the residence.

        At approximately 7:38 pm the first Manchester Police Department personnel arrived on the scene. Sergeant Desso of the Manchester Police Department arrived at the residence at 181 Oak Street and joined Parole Officer Vieira in directing Ms. Diaz to call out to the her boyfriend and her daughter to leave the residence, which ultimately occurred. Parole Officer Vieira stated that while this was occurring he heard Mr. Soto becoming more agitated and stated the following to his mother, “if they come in here I’m going to start shooting.” Sergeant Desso stated that as this was occurring he heard the male inside say, “If you come in I’m going to be shooting”, and the male made references to killing everyone.  Sergeant Desso stated that now that Ms. Diaz realized the severity of the situation, she stated that she wasn’t sure if Jose actually had a gun.

        More officers from the Manchester Police Department began to arrive at the residence at 181 Oak Street and took up positions around the house. A decision was made to activate the Capitol Region Emergency Services Team (CREST). A command post was established in the Nathan Hale School parking lot located at 160 Spruce Street.  Ms. Diaz and her family were relocated to that location and officers met her there and gathered more information from her.

        CREST was formed in 1999 with its mission to provide a tactical response to critical incidents in member towns. The following are considered Critical Incidents handled by CREST, such as, hostage incidents, barricaded suspect, sniper suspects, high risk arrests, high risk warrant service, special assignments such as executive protection, and event protection. CREST is a multi-agency Regional Tactical Team staffed by law enforcement officers from 11 area police departments, including Coventry, Cromwell, East Windsor, Enfield, Glastonbury, Manchester, Rocky Hill, South Windsor, Vernon, Wethersfield, and the University of Connecticut. The team consists of Tactical personnel, Crisis Negotiator personnel, and Tactical Medic personnel. At approximately 7:51 pm on April 02, 2020, the initial CREST activation took place.  CREST personnel began to arrive, and a plan was made. A perimeter around 181 Oak Street had been established by personnel from the Manchester Police Department, and CREST personnel assumed those positions and others as more personnel arrived. The first CREST specialized vehicle arrived on scene at 8:31 pm.     

        Carla Hansen, mother of a child from Mr. Soto stated that on at about 7:30 pm, she received a call on her phone. She declined the call and the individual left a voicemail. Her phone rang again and her husband, Demario, answered the call. Jose told my husband, “Don't freak out, but it's Jay (Jose), the cops are at my mom's house. I'm going to have a shootout.” Ms. Hansen stated that she took the phone from her husband, and Jose told her, “Carla, it's me. The cops are at my house. I'm going to have a shootout,” and, “I have a lot of other people to call tonight, but I am gonna die tonight.”

        Mr. and Mrs. Hansen drove to 181 Oak Street, while Ms. Hansen continued to try to talk to Mr. Soto. Upon arriving at 181 Oak Street, they saw police officers already there and Ms. Diaz, her boyfriend and Mr. Soto’s sister. Conversations continued with Mr. Soto via Ms. Hansen’s phone, trying to get Mr. Soto to come out peacefully. They then were directed to the command post at Nathan Hale School. At Nathan Hale School, Ms. Hansen met Detective Claire Hearn, of the Manchester Police Department, and a trained, experienced Crisis Negotiator with CREST.

        Detective Hearn joined the telephone conversation between Mr. Soto and Ms. Hansen, and eventually continued the conversation without Ms. Hansen, first on Ms. Hansen’s phone, and then on a phone in the command post. There were a total of fourteen (14) telephone conversations between Mr. Soto and Detective Hearn on 04/02/20 totaling 47 minutes, 55 seconds. The first conversation is at 8:00:47 pm and the last conversation is at 9:11:22 pm. The conversations range in length from as little as 5 seconds to as long as 14 minutes, 38 seconds. The first 5 conversations take place with Detective Hearn utilizing Ms. Hansen’s cell phone, and the last 9 conversations take place with Detective Hearn utilizing the department issued telephone in the Mobile Command Post. The first 5 of the 14 conversations are initiated by Mr. Soto, the next 6 conversations are initiated by Detective Hearn, and the last 3 conversations are initiated by Mr. Soto.

        Detective Hearn indicated that while she felt that she was establishing a relationship with Mr. Soto, he would often hang up the phone, and would generally pick up upon call back. Significantly, they were on a first name basis. He was resistant to talking about his family. Several attempts were made to connect with him to illustrate that his current legal situation was temporary and urging him not to make the permanent decision of committing suicide via another person. Mr. Soto repeatedly returned to his knowledge that he was returning to prison and his unwillingness to do so. She indicated that she told him that he was not going to prison that night; that he was going to a hospital. Detective Hearn indicated that he left little opportunity to find a connection and consistently repeated his plan to force police to shoot him.  He would say things like “stop that psychological bullshit with me.’ And “You are just trying to stall me.” Throughout the conversation, Jose consistently stated his decision to force police to shoot him, “I’m going to light them up.” She indicated that she was trying to find out if he was holding a gun by asking, “Are you was touching the gun now?”, and “Would you be willing to at least take your hand off the gun?” She stated that he declared his desire to die no fewer than 50 times throughout our multiple phone conversations.

        Detective Hearn indicated to Mr. Soto that the police don’t want to shoot him. His reply was that if they don’t shoot him, he will shoot them. Prior to disconnecting, she told him to keep his hands over his head and slowly walk out the front door and await instructions. He ultimately slowed down and re-engaged in the conversation. Detective Hearn indicated that later in the conversation, Mr. Soto stated he had to make a choice. He asked me “Claire, what’s it like talking to a man who is about to die?” He eventually ended the call. After a brief period of time, Mr. Soto called the negotiator line again. He apologized to Detective Hearn for being challenging to speak with, and he understood that she was just doing her job. He noted he made his choice and was going outside and would make police shoot him. Detective Hearn told Mr. Soto to be safe and to keep his hands up over his head and walk out. He again apologized to her. Detective Hearn told Mr. Soto that she would meet him outside of his home and he quickly interrupted her by telling her not to come to his home, to not come near the porch. “Sorry Claire, gotta go.” The phone call disconnected.

        Numerous attempts to call and reestablish communication were made. The phone was not answered. A period of time later Detective Hearn was informed Jose Soto was shot.

        CREST team members had positioned themselves around the residence at 181 Oak Street. They were briefed about what had occurred at the residence before their arrival and were kept updated about the Crisis Negotiator’s conversations with Mr. Soto throughout the evening. At one point, when the CREST team was alerted that Mr. Soto was going to come out, numerous CREST team members saw Mr. Soto aggressively exit the house through the front door with the screen door opening quickly. Although he was instructed to keep his hands up. His hands were not above his head. Instead, Mr. Soto brought his hands from his sides, “punching” his hands up together in a firing position, while holding a black object, as if he was shooting a handgun at the police on scene. Multiple CREST team members thought that they were being fired upon. Several CREST team members fired at Mr. Soto at approximately 9:16 pm. Several rounds struck Mr. Soto, and he fell to the front porch of the house. All three paramedics assigned to CREST rendered medical treatment to Mr. Soto on scene, and ultimately turned over care of Mr. Soto to Manchester Fire/ Rescue, EMS Paramedics. They continued care on scene and departed for Hartford Hospital at approximately 9:43 pm and arrived at Hartford Hospital at approximately 9:55 pm, where patient care was transferred to Hartford Hospital Emergency Department staff. Mr. Soto was pronounced deceased on 04/02/2020 at 10:12 pm. Hospital staff notified the Office of the Chief Medical Examiner.

        During the course of the investigation, items of evidence were seized from the scene, from the officers involved, from the Manchester Police Department, and the OCME.  There was no gun recovered in the area of the front porch. There was no gun was recovered from the basement. A black cell phone was recovered on 2nd step of front porch. This phone was determined to be the phone Mr. Soto was using on 04/02/20, and was determined to be the black object in his hands when he was shot exiting the house.

        A voicemail from Mr. Soto was recovered from Ms. Hansen’s phone. It said “Carla. This is me, J. The cops is at my mother’s house on Oak Street. I’m going to shoot it out with them, they’re going to kill me. Tell JJ I love him. I’m sorry.” 

        A resident on Oak Street was able to capture the critical moment of this incident when Mr. Soto was shot. There is a tree blocking a partial view of where the incident takes place. The video shows Mr. Soto, exiting the residence very abruptly, with his left arm noticeably by his waist area, which is then seen coming upward, meeting his right arm, so as both arms are positioned/extended directly out in front of him. Mr. Soto is advancing from the doorway towards the front steps while conducting these actions. Soto takes one step onto the front porch before multiple rounds are then fired at Mr. Soto and he falls on the front porch.

        At the time of this incident, the Manchester Police Department did not utilize BWC for its officers. At the time of this incident, CREST did not utilize BWC. At the time of this incident, the Manchester Police Department equipped its police patrol vehicles with dashboard cameras. This investigation determined that during this incident, one of the Manchester Police Department cruiser’s camera captured part of this incident because it was pointed in the direction of 181 Oak Street. And finally, CREST radio transmissions were not recorded and at the time of this incident, negotiations by CREST Crisis Negotiators were not recorded.

        It was determined that four CREST team members fired their weapons; Officer Alexander of the Enfield Police Department, Sergeant Krom of the Manchester Police Department, Officer David Williams of the Manchester Police Department, and Officer Shane Murphy of the Wethersfield Police Department. Their weapons and equipment were seized by the Connecticut State Police as evidence that evening. This investigation could not determine which rounds struck Mr. Soto from one or more of the officers who fired their firearms. Furthermore, if rounds from more than one of the officers struck Mr. Soto, this investigation could not determine which round was fatal. Considering this conclusion, I am proceeding as if rounds from all four officers who fired their weapons struck Mr. Soto and determining if each officers had justification for firing their weapon.

         Officer Alexander stated that he was told that Mr. Soto was saying sorry over and over again and was given instructions to keep his hands up. That Mr. Soto apologizing made him believe that he was not going to surrender but to actually force a use of force situation. The storm door that was closed. He saw Mr. Soto come to the door and stand there for a few seconds. He could see Mr. Soto’s face which was grimacing and appeared angry/upset, his hands were down by his side. The storm door then flew open and Mr. Soto charged out. Mr. Soto’s hands were at first down by the side and after taking approximately 2 steps out the door he raised his hands up and together as if he was bringing a handgun up on target while moving towards the team members. Officer Alexander stated that he fired his weapon due to Mr. Soto’s threats, failure to follow instructions on how to come out, and shootings stance when he came out he believed he was raising a handgun on the CREST team members that were on the passenger side of the CREST vehicle.

          Sergeant Krom stated that he observed Mr. Soto peering out the front door windowpane. Mr. Soto was looking back and forth, and his movements were fast and twitchy. It appeared to Sergeant Krom that Mr. Soto was taking note of the officers’ positions. Sergeant Krom stated that Mr. Soto’s hands were not visible at this point, as if he were attempting to conceal something at his side. Sergeant Krom heard one of his colleagues on the scene call commands to Mr. Soto to keep his hands in the air. Mr. Soto abruptly opened or kicked the door and hastily exited the threshold in a direct line toward CREST personnel on the passenger side of the CREST vehicle. Sergeant Krom stated that as he exited the threshold, Mr. Soto assumed a combat shooting stance; crouched with a low center of gravity, both arms extended, hands gripped together with a dark object clasped between them. The object appeared to have a light colored or metallic portion closer to the top. The object had a linear appearance, extending from the suspects hands. It was his belief that the object in Mr. Soto’s hands was the firearm he threatened to use against officers. Mr. Soto’s body position and shooting position were toward CREST officers on the passenger side of the CREST vehicle. In that instant Sergeant Krom stated that he believed Mr. Soto was intent on engaging his colleagues with gunfire and their lives were in imminent danger. At that time, he stated he discharged approximately two to three rounds at Mr. Soto.

        Officer Williams stated that he had heard radio updates that Mr. Soto was willing to come out and surrender with his hands up. After a brief period of time he saw Mr. Soto concealing himself before walking out. Officer Williams stated that he found this very unusual compared to other surrenders he had been part of in the past. He stated that suspects usually follow the instructions given and open the door slowly and immediately raise their hands. Even though Mr. Soto was directed by negotiators to raise his hands, he kept them out of sight. Mr. Soto then peeked out from his position, looked at the CREST team outside quickly and returned to his hidden position against the door frame. He did this one more time. Officer Williams stated that he could hear verbal commands being given from a police officer on scene for Mr. Soto to keep his hands up. With a very quick motion he saw Mr. Soto burst through the door. Mr. Soto immediately raised his arms to chest level with his hands clasped together pointed straight out towards the CREST vehicle as he moved through the door. It appeared he had a black firearm in his hands and was pointing it towards Officer Williams’ teammates standing on the passenger side of the vehicle. Officer Williams stated that he looked through the scope on my rifle and fired one shot at Mr. Soto. He stated that he feared that if he did not shoot Mr. Soto he would have shot and killed one of his teammates or the innocent bystanders another officer was yelling at earlier.

        Officer Murphy stated that he saw a male quickly look out from behind the glass portion of the storm door and he believed that he was scanning to see the officers’ positions. Officer Murphy heard several CREST team members yell out Mr. Soto’s first name, “Jose.” He stated that the storm door flew open. Officer Murphy heard one of his colleagues yell, ‘Jose, keep your hands up’ at the same time Mr. Soto came running out of the house onto the porch. Mr. Soto brought both of his hands from his waistband, his right hand from his right side and his left hand from his left side and drew them together in front of his chest. He was slightly crouched and punched his arms out, extending his arms in front of his chest in a firing position. As the suspect did this he saw what he believed to be a silver muzzle of a handgun in his hands. Officer Murphy stated that he feared for his life, as well as the life of his teammates and he fired his rifle at the Mr. Soto. Officer Murphy believed he may have fired twice, at the same time he believed that the Mr. Soto also fired at him.

        The fact that it was ultimately determined that Mr. Soto possessed a cell phone in his hands and did not possess a firearm at the time of the shooting does not end the analysis. The test is not whether it was in fact necessary for the officer to use deadly physical force in order to defend against the imminent use of deadly physical force.  The test is whether the officer believed such to be the case, and whether such belief was objectively reasonable, based on the facts and circumstances known to the officer at the time the decision to use deadly force was made.  In other words, the final analysis is: Was it reasonable for the 4 officers to believe Mr. Soto was armed with a firearm and ready to fire at the time they fired their weapons? The analysis is the same for each officer, and therefore, the conclusion is the same for each officer.

        While it is true that Mr. Soto did not possess a firearm at the time of the shooting, and his mother had informed law enforcement personnel that he did not possess a firearm, there was an enormous amount of evidence to support the four officers’ reasonable beliefs that Mr. Soto was about use deadly physical force upon one of the officers, their colleagues, or a civilian in the area.

         First, all four officers, as well as other CREST team members on the scene describe Mr. Soto’s actions in similar terms; while holding what appeared to be a firearm in his hands, he brought his hands up to firing position aimed at CREST personnel on the passenger side of the CREST vehicle. These actions alone would support the officers’ reasonable belief that Mr. Soto had a firearm at the time of this shooting.

          Additionally, although Ms. Diaz had had informed law enforcement personnel that Mr. Soto did not possess a firearm, Ms. Diaz also told law enforcement personnel that he did possess a firearm. And, law enforcement personnel heard Mr. Soto say “if they come in here I’m going to start shooting.”, and “If you come in I’m going to be shooting.”

          Mr. Soto’s conviction for Robbery in the 1^st Degree, as well as the fact that he was suspected of committing recent armed robberies, while displaying a firearm during at least one of the recent robberies, also supports that the officers’ belief that Mr. Soto had a firearm at the time of the shooting was reasonable.

          Mr. Soto’s conversations with Ms. Hansen and Mr. Hansen, as well as the voice mail that he left for Ms. Hansen, supports that the officers’ belief that Mr. Soto had a firearm at the time of the shooting was reasonable.

          Mr. Soto’s conversations with Detective Hearn supports that the officers’ belief that Mr. Soto had a firearm at the time of the shooting was reasonable.

          And the video filmed from across the street, showing Mr. Soto aggressively exit the house and bring his arms up to firing position supports that the officers’ belief that Mr. Soto had a firearm at the time of the shooting was reasonable.

          Although it was ultimately determined that Mr. Soto possessed only a cell phone in his hands and not a firearm, the evidence supports and corroborates that the officers who fired their weapons reasonably believed that Mr. Soto possessed a firearm and was going to fire the weapon. In fact, under these facts and circumstances, with this evidence, it would have been unreasonable for any of the officers to believe that Mr. Soto did not possess a firearm and was ready to fire it.

        Therefore, based upon the facts as set forth in this investigation, Officer Alexander, Sergeant Krom, Officer Williams, and Officer Murphy reasonably believed that the use of deadly force was necessary to defend themselves, fellow officers and civilians in the immediate area from the imminent use of deadly physical force from Mr. Soto. The use of deadly force by Officer Alexander, Sergeant Krom, Officer Williams, and Officer Murphy was entirely appropriate under Connecticut General Statutes §53-22.

 

Accordingly, the Division of Criminal Justice will take no further action.

 

                                                                                /s/

                                                                      __________________

 

                                                                      Matthew C. Gedansky

                                                                      State’s Attorney,

                                                                      Judicial District of Tolland

 

  

 

1. ANALYSIS UNDER PUBLIC ACT 20-1§29

           Public Act 20-1 was signed by Governor Lamont on 07/31/20. The various sections of this of this new law have different effective dates.

           §34, effective 10/01/20, describes a new Deputy Chief State’s Attorney position to be called the Inspector General. The Inspector General’s role will be to investigate all cases pertaining to the use of physical force by a peace officer that results in the death of another person. The Inspector General will determine whether the peace officer’s actions were justified under § 53a-22, and (3) any future action to be taken by the Division of Criminal Justice. The Inspector General will then prosecute any case that he or she determines that the use of force was not justified under §53a-22.

           §29 of Public Act 20-1, effective 04/01/21, modifies Connecticut General Statutes §53a-22, and states in pertinent part that, a peace officer is justified in using deadly physical force upon another person only when his or her actions are objectively reasonable under the circumstances, and he or she reasonably believes such use to be necessary to defend himself or herself or a third person from the use or imminent use of deadly physical force and he or she has exhausted the reasonable alternatives to the use of deadly physical force, reasonably believes that the force employed creates no substantial risk of injury to a third party, and reasonably believes such use of force to be necessary to effect an arrest of a person whom he or she reasonably believes has committed or attempted to commit a felony which involved the infliction of serious physical injury, or prevent the escape from custody, and if, where feasible under this subdivision, he or she has given warning of his or her intent to use deadly physical force.

           Further this section of the Public Act provides factors to be considered in evaluating the actions of a peace officer, including, but not limited to, whether the person upon whom deadly physical force was used possessed or appeared to possess a deadly weapon, the peace officer engaged in reasonable de-escalation measures prior to using deadly physical force, and whether any conduct of the peace officer, led to an increased risk of an occurrence of the situation that precipitated the use of such force.

           Although §29 does not become effective until 04/01/21, and the death of Jose Soto occurred on 04/02/20, an analysis under this new law would yield the same conclusion: that the action of the four officers on 04/02/20 in causing the death of Jose Soto were justified.

           The actions of Officer Alexander, Sergeant Krom, Officer Williams, and Officer Murphy on 04/02/20 were objectively reasonable to defend themselves, other officers, and citizens from what they reasonably believed to be Mr. Soto’s use or imminent use of deadly physical force. The officers’ beliefs were objectively reasonable because Mr. Soto’s actions by aggressively exiting the house while holding an object in a shooting stance, indicated that he possessed a firearm ready to fire. Mr. Soto made statements to law enforcement personnel that he had a firearm, and was going to “start shooting”. Mr. Soto made statements that he “was going to shoot it out” with the police. One of these statements was recorded in a voicemail. Mr. Soto made statements to Detective Hearn that he was going to “draw up” on the police, and that he was going to make the police shoot him. Mr. Soto had a violent criminal history, including an armed robbery that he was a parole escapee for. Additionally, Mr. Soto was identified as the person who committed three recent robberies, at least one of which he displayed a firearm. Finally, Mr. Soto’s actions by aggressively exiting the house while holding an object in a shooting stance were recorded by a neighbor across the street and confirm what the officers observed. 

           Mr. Soto’s aggressive, quick exit from the house did not allow for the officers to exhaust reasonable alternatives to the use of deadly physical force. Less lethal weapons were available to the CREST team on 04/02/20. The examination of when those less lethal alternatives would be used revealed that those less lethal weapons are used when time and distance allows for their use safely. For instance, if officers and civilians were at a safe distance and if Mr. Soto had exited from the house armed with a knife, while not posing a threat to anyone, or if it appeared he was not armed with any weapon, but was non-compliant with officers’ commands, time and distance would allow for the use of less lethal weapons. While many of the police officers at the scene, and the CREST team, had less lethal weapons available, Mr. Soto’s aggressive, quick exit from the house, his initiation of the confrontation, and the fact that he exited in a shooting stance provided a reasonable belief that he possessed a firearm, and was preparing to fire the weapon, and therefore, there was not the ability to have used any reasonable alternative.

           The actions Officer Alexander, Sergeant Krom, Officer Williams, and Officer Murphy created no substantial risk of injury to a third party. There was a reasonable belief that Mr. Soto was the only person remaining in 181 Oak Street at the time of the shooting. There was no evidence to the contrary.

           There were numerous instructions given to Mr. Soto to come out with his hands above his head. A number of the law enforcement personnel on scene observed Mr. Soto scanning their positions before he aggressively exited the house. In the second that he exited in a shooting stance, there was no reasonable time for the officers to give a warning of their intent to use deadly physical force; Mr. Soto initiated and force their actions.

           Officer Alexander, Sergeant Krom, Officer Williams, and Officer Murphy all indicated that Mr. Soto appeared to possess a deadly weapon. This observation is confirmed by numerous other witnesses on scene and video from across the street. Further, de-escalation measures were used by means of Crisis Negotiator Detective Hearn, a highly trained, experienced crisis negotiator. Detective Hearn had fourteen separate conversations with Mr. Soto for a total of over 47 minutes, over the course of over one hour. All attempts to convince Mr. Soto to come out of the house peacefully were unsuccessful; as Mr. Soto said, he made up his mind. Finally, there were no actions from Officer Alexander, Sergeant Krom, Officer Williams, or Officer Murphy that increased risk of an occurrence of the situation that precipitated the use of such force; there was no action from any of the law enforcement personnel on 04/02/20 that increased risk of an occurrence of the situation that precipitated the use of such force. Mr. Soto made a decision that he not want return to prison, thought suicide was the better option, and initiated and forced the use of deadly physical force.

           Therefore, if Public Act §29 was effective 04/02/20, under the analysis contained in this new law, the use of deadly physical force by Officer Alexander, Sergeant Krom, Officer Williams, and Officer Murphy was objectively reasonable and justified under the law.   

    

    

    

2. RECOMMENDATIONS

 

         The Division of Criminal Justice is mandated to conduct an investigation when a police officer, in the performance of his/her duties, uses physical force on another person, and that person dies as a result thereof. It is the most important type of investigation that the Division of Criminal Justice undertakes.

        Connecticut General Statutes § 51-277a(a) provides that: Whenever a police officer, in the performance of his duties, uses physical force upon another person and such person dies as a result thereof, the Division of Criminal Justice shall cause an investigation to be made and shall have the responsibility of determining whether the use of deadly physical force by the peace officer was appropriate under 53a-22.

        While the investigation mandated by this law is the most significant of all investigations, the law does not describe any further action by the Division of Criminal Justice if the investigation determines the actions of the police officer were justified. Although not legally mandated to, I offer the following recommendations.

 

1. Body Worn Cameras and Dashboard Cameras

    

           At the time of this incident, the Manchester Police Department did not utilize Body Worn Camera (BWC) for its law enforcement personnel. From the night of the incident, I have had many discussions with Chief Darby about the general need for BWC, how they can assist every day interactions with the public, how they can assist investigations, assist in training, and in particular, how valuable BWC can be to an investigation under  Connecticut General Statutes § 51-277a(a). Equally as important, BWC help the public understand what occurred during a use of deadly physical force incident. Based upon my discussions with Chief Darby, I know that, starting on the evening of April 02, 2020, he was pursuing a new policy for the Manchester Police Department to obtain BWC.

           While some police departments that are in CREST utilize BWC, not all of the police departments do. Additionally, when CREST gets activated, the CREST equipment and uniform do not include a BWC. BWC cameras for CREST personnel at the scene of a critical incident would enhance any criminal investigation that results from an incident that CREST is involved in, and would allow the public to better understand what occurred.   

           (Under Public Act 20-1, BWC are mandated for all police departments in Connecticut, effective July 01, 2022).

           At the time of this incident, the Manchester Police Department equipped its police vehicles with dashboard cameras. But, unless the camera is pointing at the incident, a video recording will not assist investigators or the public. In the present cases, police cruisers were utilized to block traffic to protect the public. Only one Manchester Police Department cruiser was pointing in a relevant direction so that its dashboard camera recorded some of the incident. Additionally, CREST vehicles were not equipped with cameras.

           I certainly understand that often incidents unfold in a quick, unpredictable manner, that incidents can move from one location to another, and that law enforcement officers have other priorities in a critical incident besides their dashboard cameras. But, a video recording of a critical incident is invaluable to investigations, assists the public in understanding what occurred, and that understanding, should in turn, cause law enforcement personnel to attempt to record critical incidents when possible.

    

2. CREST Radio Transmissions and CREST Crisis Negotiation Recordings

    

           On the evening of this incident, among other requests and direction that I made, I asked that the recordings of the CREST radio calls and CREST Crisis Negotiation be set aside and preserved. I was told that at the time of this incident, CREST radio communications were on a separate frequency from the Manchester Police Department radio transmissions and they were not recorded. Additionally, I was told that CREST Crisis Negotiations were not recorded. When I asked why CREST Crisis Negotiations were not recorded, it was explained to me that often, as it occurred in this incident, Crisis Negotiations begin on a private citizen’s phone before transitioning to a law enforcement phone.

           CREST radio transmissions need to be recorded. This will assist investigations, assist the public’s understanding of what occurred, and assist in training. The technology exist to record CREST crisis Negotiations, whether they begin on a private citizen’s phone or not. Once, CREST Crisis Negotiators become involved, the conversations must be recorded. This will assist investigations, assist the public’s understanding of what occurred, and assist in training.

    

3. Government/Community Leadership

 

         In this case, I was able to meet Mr. Soto’s family on the night of the incident. I explained my role, explained how the investigation would unfold, and explained the estimated time frame of the investigation. Over the next few weeks and months, I was able to have further conversations with Mr. Soto’s family to keep them updated on the investigation and assist them with their requests.

        Additionally, I was able to meet with local and State of Connecticut governmental leaders from the area and explain my role in the investigation, update them on the investigation, and give them an estimated time frame for the completion of the investigation.

        Furthermore, I was able to meet with leaders of a number of community groups to explain my role in the investigation, update them on the investigation, and give them an estimated time frame for the completion of the investigation.

        It is critical that the family of a decedent of any untimely death, but especially one involving the police, be confident in the thoroughness and accuracy of the investigation into the death of their loved one. The only way to accomplish this is to communicate with them as frequently as possible and keep them informed. Similarly, local and state governmental leaders, and local community leaders must have confidence in the thoroughness and accuracy of the investigation, and an understanding that a thorough/accurate investigation takes time. I would think that the public wants a thorough and accurate investigation. Governmental leaders and community leaders can assist in helping the public to understand the process so that the public does not have unreasonable expectations.