Report of the State’s Attorney for the Judicial District of Danbury on the Death of John V. Valluzzo in the Town of Ridgefield, Connecticut, on May 24, 2013

Circumstances of the Incident | Scene Processing | Autopsy Results | Lab Results | Applicable Law and Analysis | Conclusion

On Friday, May 24, 2013, John V. Valluzzo, age 75, died after approaching Ridgefield police officers at the door to his house armed with a 38 Special, Smith and Wesson revolver and was shot by Ridgefield Police Officer Jorge Romero. This occurred at 423 Ridgebury Rd., Ridgefield, Connecticut, Mr. Valluzzo’s home, at approximately 5:20 p.m.

Pursuant to Connecticut General Statutes (C.G.S.) Sec. 51-277a, “(a) Whenever a peace officer, in the performance of his duties, uses deadly 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  C.G.S. Sec. 53a-22.”^[1]

In accordance with the above statute, this State’s Attorney for the Judicial District of Danbury caused such an investigation to be conducted through the Connecticut State Police Western District Major Crime Squad. The completed investigation was turned over to this office earlier this year.  

After reviewing the Connecticut State Police investigation including witness interviews, analysis of the physical evidence, police radio transmissions, the initial call to the Ridgefield Police Department and the applicable law, it is the conclusion of this State’s Attorney that the use of deadly physical force by Office Jorge Romero was appropriate under C.G.S. Sec. 53a-22 and that no further action will be taken by the Division of Criminal Justice as a result of the incident.

CIRCUMSTANCES OF THE INCIDENT

The information below is broken up by source and witness.  As the information is from each source/witness, there is some repetition of information.

Law Enforcement Sources

A.  Ridgefield Police Department ^[2] Intake and Dispatch

On May 24, 2013 at 4:58 p.m. a telephone call came into the Ridgefield Police Department on a non 9-1-1 routine line. The call was received by Lt. Michael Gates, the Evening Shift Commander. The caller identified herself as Janine Saviano.  She was calling from Florida and stated that she had received a call from her female cousin who was at 423 Ridgebury Rd. in Ridgefield, CT. Ms. Saviano said that her cousin had called her and that her cousin’s boyfriend John Valluzzo was “…flipping out…,” “…waving a gun around in the house…,” and “…pointing it…” at the cousin. Ms. Saviano said that there had been domestic violence in the past and that Mr. Valluzzo gets “drunk” and “nasty.”  Ms. Saviano said that Mr. Valluzzo had told the cousin to get out and that she was trespassing.^[3]

Ms. Saviano reported that she heard the whole conversation and that her cousin was screaming “Stop pointing the gun at me. Stop pointing that gun at me.” Ms. Saviano reported that Mr. Valluzzo had a lot of guns. She said that she had been telling her cousin to get away from Mr. Valluzzo and that one of these days Mr. Valluzzo was going to get drunk and shoot her.

The Ridgefield Police Department dispatcher then radioed out to send police officers to 423 Ridgebury Rd. The officers were advised over the radio that a call was received from a relative in Florida. That caller said the woman at 423 Ridgebury Rd. had called her and said that her husband (sic) is waving a gun around threatening her. It was unknown what kind of gun. The husband (sic) was supposedly intoxicated. Ofc. Jorge Romero radioed back and heard again that the call involved a domestic incident with an intoxicated man, born in 1936, waving a gun, the type of which was unknown.

A review of the actual radio transmissions and the state police investigation regarding the Ridgefield Police dispatch to 423 Ridgebury Rd. indicated that Ofc. Romero, Unit 185, responded to a domestic incident as a “Code 3” which calls for the officers to use their lights and siren. The call was also a “possible 13” meaning the involvement of a gun type weapon.

At approximately 5:15 p.m. Ofc. Romero arrived at the scene first and was told to wait. Sgt. Craig Worster then arrived. Approximately two minutes later Sgt. Worster reported shots fired.  Assistance was requested from area town police departments. At 5:21 p.m. Sgt. Worster reported that the suspect was down and requested an ambulance. The Connecticut State Police (CSP) and the detective bureau were requested to come to the scene. A second ambulance was requested for a Ridgefield officer.

Mr. Valluzzo was treated for his injuries at first by members of the Ridgefield Police Department who were relieved by emergency medical personnel of the Ridgefield Fire Department.  He was transported to Danbury Hospital by ambulance. On Friday, May 24, 2013 at 6:13 hours Dr. Robert Bazuro pronounced John Valluzzo dead at Danbury Hospital.

B.  Lt. Michael Gates

Lt. Michael Gates went to the scene and saw Ofc. Romero visibly shaken but uninjured. Sgt. Worster was administering first aid to a man later identified as John Valluzzo. Sgt. Worster advised Lt. Gates to be careful of the two spent cartridge casings on the ground as well as a stainless steel revolver.  Shortly thereafter paramedics arrived and took over the care of Mr. Valluzzo who was taken to Danbury Hospital.  Lt. Gates requested a second ambulance for Ofc. Romero, who was transported to Danbury Hospital.

Sgt. Worster reported to Lt. Gates that he and Ofc. Romero arrived at the side door of the home and that the door was open when they arrived. Inside they saw John Valluzzo with a hand gun.^[4] Ofc. Romero ordered Mr. Valluzzo to drop the gun two or three times.  Mr. Valluzzo did not drop the gun as ordered, but pointed it in the direction of the officers.  Ofc. Romero fired two rounds from his weapon, a Glock 22 pistol, striking Mr. Valluzzo.

Lt. Gates said that he found Mr. Valluzzo’s girlfriend, Anna Messina, locked in a bedroom of the house.  Ms. Messina is Ms. Saviano’s cousin. Ms. Messina stated to Lt. Gates that Mr. Valluzzo has a drinking problem and when she came home Mr. Valluzzo was intoxicated and was yelling at her to get out of the house.  Ms. Messina stated that Mr. Valluzzo got a gun which he kept in his bed stand and was waving it around and pointing it at Ms. Messina.  Ms. Messina said she called her cousin in Florida.

Det. Nicholas Fowler was instructed by Lt. Gates to interview Anna Messina. Det. Fowler observed that Ms. Messina was visibly upset and she said that she wasn’t feeling well. Ms. Messina was asked to gather her belongings and wait outside in Det. Fowler’s car.  While there, Det. Fowler took a written statement from Ms. Messina. This statement was later reviewed, clarified and expanded upon by the CSP.

The house was cleared pending the arrival of the CSP Western District Major Crime Squad.

C.  Ofc. Mark Caswell

Ridgefield Officer Mark Caswell arrived at the scene at the same time as Lt. Gates.  He saw Ofc. Romero sitting on a step next to the garage. He checked Ofc. Romero to make sure he wasn’t injured. He also saw Mr. Valluzzo lying on his back in the hallway.  He had two gunshot wounds, one in the chest and one in the stomach. Sgt. Worster was administering first aid and CPR. Sgt. Worster pointed out a revolver and a shell casing.  Ofc. Caswell took over CPR.  Paramedics arrived and took over the care of Mr. Valluzzo. 

Sgt. Worster and Ofc. Caswell then cleared the house room by room and found Messina locked in the first floor bedroom. She was told to stay there. The remainder of the house was cleared. Rifles unrelated to the incident were found in one of the second floor bedrooms.  The house was secured and Ofc. Caswell then maintained security at the scene and logged people in and out.

D.  Ofc. Jorge Romero

CSP Det. Alison Peters, as part of the investigation, sought to meet with both Ofc. Jorge Romero and Sgt. Craig Worster and take their statements as to what had occurred. Attorney Kelly Rommel, the police union attorney, was contacted to set up the interviews. Attorney Rommel told Det. Peters that the officers had already written out their statements. Det. Peters tried to meet with the officers personally to go over their statements with them. She was told by Attorney Rommel that the officers would not be talking to the State Police and that the statements they wrote would be sufficient.^[5]

In relevant part, Ofc. Romero reported hearing and responding to a police radio call regarding a domestic dispute involving an intoxicated man waving a gun. He arrived at 423 Ridgebury Rd. at approximately the same time as Sgt. Worster. A pass code had to be entered on the gate to gain entry to the property. Ofc. Romero drove half way up the drive way, got out of his car and removed his gun, a Glock 22 pistol, from its holster and moved across the lawn to the south side of the house. Sgt. Worster followed Ofc. Romero. In his statement, Ofc. Romero wrote:

E.  Sgt. Craig Worster

In relevant part Sgt. Craig Worster reported being dispatched to an active domestic dispute. The dispatcher indicated that the male party was waving a gun around while he argued with his girlfriend. When they arrived at the house the officers moved across the property with their guns drawn. Ofc. Romero suggested they approach an open door located between the main house and the garage. No movement was detected coming from the home. In his statement, Sgt. Worster wrote:

Officer Romero then raised his pistol and shouted “drop the gun, drop the gun, sir drop your gun”. Officer Romero then fired two shots. After he fired, I observed a gun slide out to the threshold of the doorway and a white male fell to the floor in front of me, almost on top of my left foot. The suspects (sic) gun came to rest approximately 5-6 feet in front of the body on the doormat. Therefore, the suspect must have been moving forward at the time he was shot. I radioed in “shots fired”. I then removed the suspects’ (sic) arms out from under him to ensure that there was not a second weapon. He appeared to be lifeless. 

Sgt. Worster then proceeded to do a check of the kitchen area where the man had come from. He heard a female voice from further inside the house say “I’m here, I’m here,” and “did you shoot him in the leg.” The woman was told to stay where she was. Sgt. Worster rolled the man over and saw that he had two wounds, one in the stomach and one in the chest. He started first aid and asked for a medical bag which Ofc. Romero obtained. Shortly thereafter Lt. Gates and Ofc. Caswell arrived and Ofc. Caswell continued first aid to Mr. Valluzzo. Sgt. Worster obtained Ofc. Romero’s pistol and duty belt and secured them in his police car. The Ridgefield Fire Department arrived and took over medical treatment of Mr. Valluzzo from Ofc. Caswell. Shortly thereafter, Mr. Valluzzo was taken to Danbury Hospital in an ambulance. 

Sgt. Worster then searched the house for additional threats, clearing the first and second floor. Two rifles were found in plain sight on the second floor. Additional officers arrived from other departments and the scene was preserved. Sgt. Worster guarded the gun and the shell casings in their locations while Mr. Valluzzo was moved to the ambulance. He photographed the overall scene with his patrol camera. There were two spent shell casings, one on the doormat just inside the doorway and near Mr. Valluzzo’s gun. The other was found outside near the left side of the steps leading into the house. 

Lay Witnesses

F. Ms. Janine Saviano

Janine Saviano was interviewed over the telephone on August 13, 2013. She also provided a written statement. Ms. Saviano provided the information immediately below.

Ms. Saviano lives in Florida and spoke with Anna Messina, her cousin, on a daily basis. She indicated that on May 24^th she received a call from her. Ms. Saviano said she could hear Mr. Valluzzo swearing and screaming in the background. Mr. Valluzzo was drunk having a “fit” and Ms. Messina was trying to calm him down. Ms. Saviano told Messina to just leave the house and reminded Ms. Messina how a few days earlier Mr. Valluzzo had said he had a gun and would shoot her. Ms. Messina said she was gathering her things and would be leaving shortly. Mr. Valluzzo sounded like he was in a “rage.” At one point she heard her cousin say “John… what are you doing! (sic) Put that gun down, John! (scream) stop pointing that gun at me! (scream) Janine, call the police! (scream), John…get that gun away from me!” Janine then hung up the telephone and got the number for the Ridgefield Police and called. A short time later Ms. Messina called her back. “[S]he was in the bedroom, scared to come out….”  She said the police “…had just shot John and she saw him lying on the floor & heard him moaning & groaning.”

F. Ms. Anna Messina

Anna Messina, age 43, was interviewed on May 24, 2013 by Ridgefield Police Det. Nicholas Fowler and a sworn written statement was obtained. She was later interviewed by CSP Dets. Rachael Van Ness and Michael Mudry and provided an additional written statement.

Ms. Messina, when speaking with Det. Fowler, was visibly upset and said that she wasn’t feeling well. She was asked to gather her belongings and leave the home so that it could be secured pending the arrival of the Connecticut State Police. Her written statement to Det. Fowler recounted the entire day. For the purposes of this report only those portions relevant to the shooting will be included.

In her statement to Det. Fowler, Ms. Messina indicated that when she arrived at the home Mr. Valluzzo was yelling. “He was frothing around his mouth and when he yelling (sic) he was spitting on me and I kept telling him to calm down….” He accused Ms. Messina of trespassing and home invasion, which she said she was not.^[7]

Mr. Valluzzo told Ms. Messina to leave or he was calling the police. She said she would leave. As Ms. Messina went about packing her things, Mr. Valluzzo went toward the bed, bent down and pulled out a gun. He pointed the gun at Ms. Messina and continuously shouted the entire time while she was trying to get out. When she went to the kitchen he followed her as she took her belongings. He took the telephone and said that he was calling 9-1-1.^[8]

Mr. Valluzzo continued to holler and nudge and poke Ms. Messina with the gun.  Ms. Messina used her cellular telephone and called her cousin who heard what was going on. Ms. Messina also took a photograph of Mr. Valluzzo holding the gun.^[9] Ms. Messina’s cousin shouted at her to get out.

Mr. Valluzzo went to the door, opened it to let Ms. Messina out and then came back into the kitchen, leaving the door open. In her statement to Det. Fowler, Ms. Messina wrote:

Later that evening CSP Dets. Van Ness and Mudry reviewed Ms. Messina’s statement to Det. Fowler with her, making sure that it was complete and accurate, as well as clarifying various portions of it with her. Specifically relevant to the shooting Ms. Messina indicated that she had no idea whether or not the gun Mr. Valluzzo had was loaded. While Mr. Valluzzo had the gun pointed at Ms. Messina she was gathering some of her belongings to leave and Mr. Valluzzo opened the door leading to the portico. In her statement to Dets. Van Ness and Mudry, Ms. Messina wrote:

G. Emergency Medical Technician

One of the responding emergency medical technicians was interviewed by the CSP.  He indicated he and others responded to 423 Ridgebury Rd. for a report of shots fired.  Upon arrival he entered through the side door and saw Mr. Valluzzo laying supine on the floor with Ridgefield police officers performing CPR.  He noticed a nickel plated revolver on the floor just inside the hallway on the right hand side and a pair of glasses also in the hallway about two feet from the handgun. He and those with him then took over CPR and first aid to Mr. Valluzzo eventually transporting him to Danbury Hospital.

H. Neighborhood Canvass

A neighborhood canvas was conducted by the CSP.  No one spoken with heard or saw anything of the events regarding the shooting, except for the arrival of the ambulance.

SCENE PROCESSING

As part of the investigation, a search warrant was executed for the house at 423 Ridgebury Road by the CSP Western District Major Crime Squad. The scene was processed and documented by members of the Western District Major Crime Squad Van unit. Items of relevance to this report that were recovered at the scene were two .40 cal. cartridge casings and one unloaded 38 Special Smith and Wesson .38 cal. revolver that Mr. Valluzzo was holding at the time he was shot. The two .40 cal. cartridge casings were consistent with the unfired cartridges in Ofc. Romero’s Glock 22 pistol. Ofc. Romero’s clothing, Glock 22 pistol and duty belt were seized as well.

AUTOPSY RESULTS

An autopsy on Mr. Valluzzo’s body was conducted on May 27, 2013 by Dr. Frank Evangelista of the Office of the Chief Medical Examiner. Dr. Evangelista determined that the cause of death was multiple gunshot wounds. Two gunshot wounds were noted. There was one to the right upper chest and the other was to the right upper abdomen. There were no exit wounds. The manner of death was determined to be homicide.^[10] Mr. Valluzzo’s blood was tested and the presence of caffeine and ethanol (alcohol) were found. The alcohol quantity was .14%.^[11]

Two projectiles, later determined to be bullets, were recovered from the body and were turned over to the CSP who sent them to the Department of Emergency Services and Public Protection Division of Scientific Services for examination.^[12]

LAB RESULTS

The following items were sent to the Department of Emergency Services and Public Protection Division of Scientific Services for examination:

The 38 Special, Smith and Wesson .38 cal. revolver held by Mr. Valluzzo was test fired and determined to be operable. Mr. Valluzzo had a valid pistol permit.

Ofc. Romero’s Glock 22 .40 cal. pistol was test fired and determined to be operable.

The projectiles recovered from Mr. Valluzzo’s body were examined and determined to be fired jacketed hollow point bullets. They were “…consistent in structure, diameter and weight with all of Ofc. Romero’s unfired cartridges, i.e. Federal .40 S & W jacketed hollow points, recovered from his weapon.

These fired bullets were microscopically compared to test fires produced by Ofc. Romero’s gun. They have the same class characteristics of the test fired bullets, but both lack sufficient areas of agreement to make a positive identification as being fired from Officer Romero’s gun. They cannot be identified or eliminated as being fired from the gun.^[13] 

APPLICABLE LAW AND ANALYSIS

The applicable law in this case is C.G.S. Sec. 53a-22(c) which states in relevant part:

In the present case, Ofc. Romero arrived at the scene with the knowledge or reasonably believing that:

1. He was responding to a call of domestic violence involving a male and a female;
2. The male suspect was intoxicated;
3. The male suspect was armed; and
4. The male suspect had been threatening a female in the house with the gun.

Once at the scene Ofc. Romero saw the man, later determined to be Mr. Valluzzo. He saw Mr. Valluzzo armed with a silver revolver. The officers had made their presence known. Mr. Valluzzo walked toward the open door with the gun still in his hand. Ofc. Romero while crouched down, shouted at Mr. Valluzzo to drop the gun.^[14]  Sgt. Worster was in close proximity to Ofc. Romero. Ofc. Romero had information that another person, that being Ms. Messina, was in the house. Mr. Valluzzo did not drop the gun and was shot by Ofc. Romero.^[15]

Based on the facts of this case, as determined from the Connecticut State Police investigation, including witness statements, analysis of the physical evidence, radio transmissions and the initial call to the Ridgefield Police Department, Ofc. Romero acted reasonably in the defense of Sgt. Worster, Ms. Messina and himself. As the United States Supreme Court has stated on the Fourth Amendment issue of the use of force by police:

Graham v. Connor, 490 U.S. 386, 396-97, 109 S.Ct. 1865, 104 L.Ed 2d 443 (1989).

At the time of the shooting, the number of bullets in Mr. Valluzzo’s gun was unknown to Ofc. Romero. That the gun Mr. Valluzzo held was unloaded does not affect this determination of justifiable behavior by the officer. It is the reasonable belief of the officer at the time he is called to act. It was entirely reasonable for Ofc. Romero to treat Mr. Valluzzo’s gun as being loaded with ammunition that could take his life and the lives of those around him.

CONCLUSION

This State’s Attorney finds, based on the facts determined to exist in this case that Ofc. Romero was justified under C.G.S. Sec. 53a-22(c) in using deadly physical force upon another person, that being Mr. Valluzzo. He was justified based upon his reasonable belief that the use of such force was necessary to defend himself and other persons. As such, this State’s Attorney determines that the use of deadly force was appropriate under C.G.S. Sec. 51-277a and no further action will be taken by the Division of Criminal Justice as a result of this incident. 

This State’s Attorney thanks Det. Alison Peters and the Connecticut State Police Western District Major Crime Squad for their thorough investigation and the Ridgefield Police Department for their cooperation.

Dated at Danbury, Connecticut this 9^th day of July, 2014.

Stephen J. Sedensky III
State’s Attorney
Judicial District of Danbury

^[1] C.G.S. 53a-22(c) provides as follows:   (c) 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 or she reasonably believes such to be necessary to: (1) Defend himself or herself 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 or she 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 or she has given warning of his or her intent to use deadly physical force.

^[2] The Ridgefield Police Department cooperated fully with this investigation.

^[3] Information obtained during the investigation revealed that the cousin, identified as Anna Messina,  regularly stayed at the house.

^[4] Mr. Valluzzo’s specific identity was unknown to the officers at the time of the shooting.

^[5] Personal interviews with both officers would have been helpful to the investigation. The officers, like any other person, may decline, on their own or through counsel, to be interviewed.

^[6] This physical configuration is unclear from the statement. 

^[7] It appeared that day and from the investigation that Ms. Messina stayed at the house often and had personal belongs there.

^[8] There is no indication that Mr. Valluzzo or anyone else called 9-1-1 from 423 Ridgebury Rd. that evening.

^[9] This photograph was recovered from Ms. Messina’s cellular telephone. It shows John Valluzzo holding the 38 Special Smith and Wesson revolver.

^[10] Homicide is the killing of one human being by another, as opposed to suicide or death by natural causes.

^[11] Danbury Hospital records, received via a search warrant, indicate that Mr. Valluzzo’s serum ethanol was 177 mg/dL which converts to .153 g/100ml. The Office of the Chief Medical Examiner and Danbury Hospital each obtained their own blood samples and did their own testing. It is illegal in Connecticut to operate a motor vehicle with a ratio of alcohol in the blood of .08 percent or more.  See C.G.S. Sec. 14-227a(a).

^[12] While the autopsy report notes that a member of the Ridgefield Police Department took the projectiles, the Office of the Chief Medical Examiner’s Receipt of Evidence /Police form indicates that Det. Arthur Walkley of the CSP Western District Major Crime squad took the bullets. Det. Walkley’s report indicates this as well. 

^[13] There is no indication that any shots were fired by anyone else or that Officer Romero fired anything but two shots from his gun.

^[14]  Although Ms. Messina did not specifically indicate to Dets. Van Ness and Mudry that she heard an officer yell for Mr. Valluzzo to drop the gun, she did hear an officer shout something to Mr. Valluzzo as Mr. Valluzzo approached the police. This is consistent with the officers’ statements of yelling at Mr. Valluzzo to drop his gun. 

^[15] It is noted that Ofc. Romero fired two shots from his weapon and no more, though his gun was fully loaded.