Report of the State's Attorney for the Judicial District of Waterbury Concerning the Death of Jayson Negron in the City of Bridgeport on May 9, 2017^[1]

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CONTENTS

I. INTRODUCTION AND LEGAL AUTHORITY

II. FACTUAL SUMMARY

III. EVENT TIMELINE

IV. WITNESS STATEMENTS

V. MEDICAL REPORTS AND FINDINGS

VI. COLLECTION OF EVIDENCE

VII. EXAMINATION OF THE VEHICLES INVOLVED AND ACCIDENT RECONSTRUCTION

VIII. THE STATUS OF THE SUBARU FORRESTER

IX. CONCERNS REGARDING THE INVESTIGATORY PROCESS

X. CASE LAW

XI. FACTUAL ANALYSIS

XII. CONCLUSION

FOOTNOTES

I. INTRODUCTION AND LEGAL AUTHORITY

On May 9, 2017, Jayson Negron was shot and killed by Bridgeport Police Officer James Boulay. The undersigned State’s Attorney for the Judicial District of Waterbury was assigned the task of conducting an investigation into this shooting and determining whether the use of deadly force by the police officer involved was appropriate under Connecticut General Statute Section 53a-22.

Legal Authority

Connecticut General Statutes Section 51-277a provides as follows:

Pursuant to Division of Criminal Justice policy and the above-cited statute, shortly after the incident on the evening of May 9, 2017, Chief State’s Attorney Kevin T. Kane referred this matter to the State’s Attorney for the Judicial District of Waterbury for an investigation and the issuance of a report regarding the death of Jayson Negron. The Connecticut State Police (CSP) Western District Major Crime Squad (WDMCS) was assigned the task of investigating this matter. Further details of the incident as related in this report are compiled inter alia from investigative reports by the WDMCS including sworn statements later provided by the officers at the scene and other witnesses to the incident, reviews of surveillance video, forensic examination of social media and cell phone data, laboratory testing, autopsy findings of the Office of the Chief Medical Examiner, additional first responder reports and police dispatch recordings.

II. FACTUAL SUMMARY

On May 9, 2017, 15-year-old Jayson Negron was operating a stolen 2012 Subaru Forrester (“the Subaru”) in the area of Fairfield Avenue in the city of Bridgeport, Connecticut. He was accompanied by an adult male (“the Passenger”) in the front passenger seat. After a brief pursuit with a marked Bridgeport Police cruiser that will be examined in extensive detail in this report, Bridgeport Police Officer James Boulay discharged his City of Bridgeport issued firearm, killing Mr. Negron and wounding his passenger.

A. Physical Layout of the Scene

This incident started in the parking lot of the Walgreens Pharmacy located at 1000 Park Avenue in Bridgeport, Connecticut. This area is a commercial property situated between Park Avenue (to the west), Washington Avenue (to the north), Fairfield Avenue (to the south), and West Avenue (to the east) as shown in this photo. [2]

( Note : For purposes of this report, Park Avenue will be referenced as running north/south while adjacent roadways will be considered to run east/west.)

The Walgreens lot includes five total access driveways: two access driveways from Washington Avenue; one driveway from Park Avenue northbound; and two driveways from Fairfield Avenue.

Designated traffic flow for Park Avenue is northbound/southbound, although a median divider prevents access to the lot for motorists traveling southbound on Park Avenue. Washington Avenue traffic flows both east and west with access to the Walgreens lot from both directions. Fairfield Avenue is located along the southern border of the Walgreens lot and is a one-way street with a designated westbound traffic flow.

The exterior of the Walgreens building is equipped with two security cameras. The primary camera is located on the west side of the building, and its field of view is south along the side of the building directly towards the Fairfield Avenue driveway.

As shown above [3] , the Walgreens building is pictured on a Google maps photo and the camera position is captioned. The Google maps photo shows the west Washington Avenue access driveway which was the path of travel used by Jayson Negron in this event. The camera’s field of view yielded the most comprehensive footage used in this investigation.

The second photo (above) shows the perspective recorded by the primary camera [4]. The west access driveway to Fairfield Avenue appears in the top center portion of this frame. The secondary camera is located on the south wall of the building and its field of view is west along the south side of the Walgreens building towards Park Avenue as shown in the following photo. [5]

This secondary camera captured the Subaru crossing the field of view from right-to-left (see photo below) [6] . Due to its positioning, however, this secondary camera provided inferior footage of the event as compared to the primary camera.

The shooting took place on Fairfield Avenue approximately fifteen feet east of the Walgreen’s driveway when Officer James Boulay attempted to take Mr. Negron into custody.

As noted above, Fairfield Avenue is a two-lane, one-way roadway with a designated traffic flow in a westerly direction. In this event, the Subaru turned left (eastbound) from the Walgreens driveway onto Fairfield Avenue against the traffic flow. Multiple vehicles were stopped in traffic on Fairfield Avenue at the time due to a red traffic control light at Park Avenue approximately 150 feet west of the scene. When the Subaru turned left onto Fairfield Avenue, it attempted to drive between stopped cars, striking multiple vehicles in the process, as well as repeatedly backing up and striking the Bridgeport Police cruiser.

B. Initial Investigation

Immediately after the shooting, the Office of the Waterbury State’s Attorney requested that the Connecticut State Police Western District Major Crime Squad (WDMCS) Troop G office be assigned to fully investigate this incident. The WDMCS Commanding Officer at the time was Lieutenant Chris Bartolotta. The WDMCS Troop G supervisor, Sergeant Ken Ventresca, assigned Detective John Kimball as the case officer. Members of the WDMCS arrived on scene at approximately 1900 hours and were met by Inspector Gary Pelosi from the Waterbury State’s Attorney’s Office, who had already assumed control of the scene. The WDMCS Crime Van, supervised by Sergeant Mark Davison arrived at 1945 hours, and undertook the processing of the crime scene and subsequent processing of seized evidence, including two vehicles: the Subaru; and a 2008 Honda Accord, owned and operated by Civilian Witness #1, which had been struck by the Subaru.

B. Identification of Witnesses

Efforts began immediately to identify and interview witnesses. Every person who had witnessed the event and who had remained on scene was interviewed. Further efforts were undertaken to determine the identity of other witnesses who may have left the scene or had other information about the case. The Connecticut State Police (CSP) Public Information Office posted a request on the CSP Facebook page asking any witnesses to contact Text-A-Tip. [Refer to: Facebook Posting by WDMCS .] Detectives proactively sought out material on social media pertaining to the case and contacted each user via the respective platform requesting an interview. Detectives conducted neighborhood canvasses of the scene, of the neighborhood of Jayson Negron on Magnolia Street, and the neighborhood of the passenger. During these canvasses, detectives also looked for any available video sources that could provide documentation of the event. No individuals were identified during canvasses that could offer additional information. Video was obtained and reviewed from the Center for Family Justice at 753 Fairfield Avenue and found to provide no further information than the Walgreens video. [Refer to canvass reports: Magnolia Street (Detective Grabowski), Magnolia Street  (Detective Frechette), Northeast Generator (Sgt. Ventresca), Magnolia Street/Iranistan Avenue (Detective Allegro), Fairfield Avenue & Surrounding Area (Detective Pearston), and Fairfield Avenue & Surrounding Area (Detective Fawley).] Detectives also went to the workplace of the passenger of the Subaru hoping to gather further information. It should be noted that WDMCS sought out and spoke to all individuals claiming to have information regarding this case to ensure that the investigation was as complete and thorough as possible.

III. EVENT TIMELINE

The following is a timeline developed by detectives. Time formats are based upon their sources. Every effort has been made to ascertain the accuracy of these times to a high degree of reliability. However, all time calculations must be considered, to a minor degree, approximations. All times are given in military time. Names and other identifying material have been redacted for information associated with civilian witnesses. Due to the graphic nature of some photographs, certain images have been deleted or obscured.

04/12/2017

• Overnight hours: The Subaru is stolen from a residential driveway in Shelton. Confirmed with Shelton Police under Case # 17-00009761. [Refer to: Shelton PD – FILE 01 Report .]1651 hours: A juvenile Facebook Friend of Jayson Negron sends a photograph via Facebook Messenger to Jayson Negron of a Subaru key. [Refer to: Photo of Subaru Key Sent to Negron .]

05/08/2017

• 2330 hours: License Plate Reader (LPR) Hit shows Subaru parked on Magnolia Street approximately 327 feet east of Negron’s residence. [7]

05/09/2017

• 1349 hours: Negron home video system shows Jayson Negron at home speaking with his father’s girlfriend and trying on outfits.

• 1624 hours: Jayson Negron is shown on security system exiting the front door of his residence and walking out onto Magnolia Street. He turns left to walk west. [Refer to: Negron Home Video Clip #5.]

• 1653 hours: Jayson Negron driving the Subaru picks up his passenger at the passenger’s residence at a location in Bridgeport. [Source: Jayson Negron’s LG Cellphone Download Report.]

• 1700 hours: Bridgeport Police Detective James Borrico, while working undercover and operating an unmarked Bridgeport Police Department vehicle, observes a Subaru Forrester on Maplewood Avenue traveling at a high rate of speed. He calls in the plate and is advised that this vehicle is reported as stolen. Borrico continues to follow the Subaru to Walgreens. [Refer to: Detective Borrico Statement , Interview Report of Detective Borrico .]

• 17:00:30 hours: According to the Bridgeport Police Dispatch recordings, unit Amber-23 containing Officer James Boulay (passenger) and Officer Mario Pecirep (driver) respond to the dispatch request for backup for Detective Borrico. [Source: Bridgeport Police Dispatch Recordings. Refer to: CH1 ]

• 17:02:03 hours: The Subaru enters the Walgreens lot from Washington Avenue and Officer Pecirep activates his lights and siren to initiate a motor vehicle stop. [Source: Walgreens security primary/secondary footage. Refer to: Primary Camera, Secondary Camera.]

• 17:02:12 hours: The Walgreens video shows the Subaru continuing to travel through the Walgreens lot and stopping at the exit driveway onto Fairfield Avenue. Fairfield Avenue is a street with a designated one-way traffic flow westbound. [Source: Walgreens security primary camera footage.]

• 17:02:14 hours: Officer Pecirep appears to stop the cruiser behind the Subaru. Officer Boulay then exits the passenger door of the cruiser and begins running towards the Subaru. The Subaru appears to move forward onto Fairfield Avenue turning left (eastbound) against the flow of traffic and towards vehicles stopped in traffic as Officer Boulay runs after the vehicle. Footage from the secondary Walgreens camera shows multiple vehicles stopped in both lanes of Fairfield Avenue. [Source: Walgreens security primary/secondary footage. Refer to: Primary Camera, Secondary Camera.]

• 17:02:17 hours: [Note: Obstacles situated between the camera and Fairfield Avenue obstruct portions of the activity from this point forward.] The Subaru appears to stop on Fairfield Avenue near the Walgreens driveway facing the wrong way in heavy traffic. According to his statement, Officer Boulay arrives at the driver’s side of the Subaru and confronts Jayson Negron. Simultaneously, Officer Pecirep appears to inch the cruiser forward to stop in mouth of driveway. [Source: Walgreens security primary/secondary footage. Refer to: Statement of Officer Boulay, Interview Report of Officer Boulay.]

• 17:02:18 hours: Subaru appears to back up and comes to abrupt stop, possibly striking a vehicle. [Source: Walgreens security primary/secondary footage, Officer Boulay statement, Interview Report of Officer Boulay.]

• 17:02:20 hours: The Subaru appears to move forward again, passing Officer Boulay’s reported position, and drives out of camera view to the left. Officer Boulay appears to run east along Fairfield Avenue on foot after the vehicle. [Source: Walgreens security primary/secondary footage.]

• 17:02:22 hours: With the Subaru still out of frame, a vehicle consistent with the Honda Accord operated by Civilian Witness #1 appears to pull up in the right lane of Fairfield Avenue and stop just prior to the Walgreens driveway. It is believed at this time the Subaru had already sideswiped the Honda and the Civilian Witness #1 is pulling over. [Source: Walgreens security primary/secondary footage.]

• 17:02:23 hours: Officer Pecirep appears to pull the cruiser out of driveway and onto Fairfield Avenue facing the wrong-way. Detective Borrico appears to pull in behind Officer Pecirep’s cruiser. [Source: Walgreens security primary/secondary footage.]

• The shooting occurs between approximately 17:02:24 and 17:02:28 hours in a position where the primary camera’s view of the Subaru is blocked by the west wall of the Walgreens building. Based upon the documented movements of the vehicles, and personnel who are shown on the footage, combined with the written statement of Officer Boulay and other witnesses, it appears the following events take place starting directly behind the Honda of Civilian Witness #1:

• Officer Boulay fires one round into Subaru driver’s side rear tire trying to immobilize the vehicle.

• Officer Boulay opens driver’s door of Subaru and stands inside the opening to apprehend the operator Jayson Negron.

• As he continues to resist Officer Boulay’s attempts to take him into custody, Jayson Negron shifts the Subaru into reverse and presses on the gas pedal, causing the vehicle to begin to move backwards, striking the left side of Officer Boulay’s body and trapping him in the door opening.

• Officer Boulay discharges four rounds from his service weapon in the direction of operator, striking both Negron and the passenger.

• As the Subaru comes back into the field of view of the primary Walgreens camera, it forcibly strikes both the Honda and the Bridgeport Police cruiser before coming to a stop.

• 17:02:28 hours: The Walgreens primary camera footage appears to show the Subaru backing up with sufficient force and speed to strike and move the Honda stopped in the right lane just before striking the Bridgeport Police cruiser. At the time of this impact, the Bridgeport Police cruiser appears to be stationary, and the force of the Subaru visibly rocks the cruiser backwards. At the time the cruiser is struck, Officer Pecirep appears to be sitting in the driver’s seat of the vehicle. The Honda can then be seen slowly moving forward onto the right shoulder, the position in which it was found and documented by WDMCS Crime Van personnel. [Source: Walgreens primary/secondary security footage. Refer to: Primary Camera, Secondary Camera.] 

• 17:02:32 hours: Additional Bridgeport Police units begin arriving as Officer Boulay and Detective Borrico remove Jayson Negron from the driver’s seat of the Subaru, place him face down on the ground and handcuff him. During this time, Officer Pecirep and other Bridgeport Police officers, including Officer Julio Diez, remove the passenger from the passenger seat of the Subaru, place him on the ground and secure him in handcuffs.

• 17:03:00 hours: According to the Bridgeport Dispatch Recordings, which are not time-synchronized with the Walgreens video, the first Bridgeport Police radio request is made to “Get a medic over here ASAP.” Note: Over the next seven minutes, there are five additional radio transmissions requesting medical assistance, for medics to “step it up” (expedite), and to provide avenues of approach to the scene to hasten the arrival of medical care for the patients. [Source Bridgeport Police Radio Recordings. Refer to: CH1 .]

• 17:05:19 hours: Bridgeport Police unit advises “Going code to Saint V’s with one of ours” in reference to the transport of Officer Boulay. [Source Bridgeport Police Radio Recordings. Refer to: CH1 .]

• 17:08:58 hours: Bridgeport Police officers begin putting up crime scene tape in Walgreens lot. [Source: Walgreens security primary/secondary footage.]

• 17:10 hours: Bridgeport Police report “First medic on scene.” Bridgeport Police Dispatch responds, “1710. First medic on scene. 1710.,” as AMR Paramedic Supervisor Robert Calzone arrives on scene. [Source: Bridgeport Police Radio Recordings. Refer: CH1 .]

• 17:10:33 hours: Unit Amber-22 transmits “25 to Saint Vincent’s with one of ours” – transport of Officer Pecirep. [Source: Bridgeport Police Radio Recordings, Refer to: CH1 .]

• 17:15:00 hours: AMR Paramedic Robert Calzone pronounces Jayson Negron deceased and determines no additional medical treatment to be appropriate. Jayson Negron is left in the prone position. Bridgeport Police personnel expand the radius of the “Crime Scene” and seek privacy screens to block public view of the scene and of Mr. Negron’s body in particular. [Source: Bridgeport Police Radio Recordings. Refer to: CH1 .]

• 17:20:00 hours: Medics leave the scene transporting the passenger to Bridgeport Hospital. Bridgeport Police Dispatch provides time check. “1720. Following the medics to Bridgeport Hospital.” [Source: Bridgeport Police Radio Recordings. Refer to: CH1 .]

• 19:00:00 hours: WDMCS personnel arrive on the scene. Bridgeport Police privacy screens in place upon WDMCS arrival.

• 19:45:00 hours: WDMCS crime scene unit commences scene processing. [Source: WDMCS Scene Report. Refer to: WDMCS Scene Report.]

• 20:31:00 hours: Office of the Chief Medical Examiner (OCME) Investigator Alfredo Camargo arrives on the scene.

• 22:41:00 hours: OCME investigator leaves the scene with the body of Jayson Negron. [Source: OCME Full Report ME #17-08324]

• 05/10/2017 at 05:12:00 hours: WDMCS Crime Van personnel clear the scene. [Source: WDMC Scene Report.]

IV. WITNESSES STATEMENTS

There were both civilian and law enforcement eyewitnesses to this incident. Civilian witnesses will not be named. In addition, any identifying information associated with civilian witnesses such as dates of birth, home addresses, phone numbers, or places of employment have been redacted. The names of all others, including law enforcement personnel, medical personnel, and City of Bridgeport and State of Connecticut employees have been included. Although an attempt has been made to summarize the statement of each witness in a concise and accurate manner, the full text of each written statement has also been provided. In the case of the oral statement of the passenger, a transcript has been provided in addition to the audio recording of the conversation.

A. Civilian Witnesses

1. Statement of the Front Seat Passenger in the Subaru

On the evening of the shooting at approximately 8:20 p.m., Detective John Kimball of the WDMCS went to the Emergency Department of Bridgeport Hospital in order to get an update on the adult male passenger in the Subaru who had also been wounded in the shooting. Since Mr. Negron was still unidentified at this time, Detective Kimball also hoped that the passenger could provide information regarding his identity. The passenger consented to an interview that Detective Kimball recorded by audiotape. The passenger stated that he did not know Mr. Negron’s actual name, but reported that he knew him by his nickname “Two Ounce.” He stated that Jayson Negron had picked him up at his residence in the Subaru shortly before the shooting. The passenger stated that he was unaware that the vehicle was stolen. He told police that as the Subaru entered the Walgreens lot, he noticed police lights activated behind them. The passenger reported that he said to Jayson Negron, “Either you gonna stop or let me out.” The passenger stated that Jayson Negron began “hitting cars” as he repeatedly asked Negron to let him out of the vehicle. He further stated, “And the cop, I guess, opened the door, you know. And as he’s reaching for him, he reverses. So it’s like the door hit the cop.” The passenger stated that the officer fired his gun only after being struck by the Subaru’s door. The passenger stated that he was struck by the bullets fired by the officer and sustained wounds to his arm and chest. He then reported that another officer appeared at the passenger’s side door and ordered him out of the vehicle. The passenger indicated, “This is when I’m trying to open the door. It’s not budging.” The passenger then related that the officer finally opened the passenger door and, “put me on the floor, you know, fists in the dirt…You know, and that was it.” When asked again to describe what happened when the officer opened the driver’s door, the passenger repeated, “And when he (Officer Boulay) opened the door, the kid reversed…hit him! Like, I seen it hit him! And from there, it’s like…I know what’s coming next. The gun came back up…POW!” When asked, “Why do you think the cop was shooting?” The passenger responded, “Cuz he got hit! … You gotta get these … they’re a danger to people around. Cuz he’s (Negron) hitting cars and stuff too. So he shot.” The passenger stated that after the officer began firing into the Subaru, he closed his eyes and was unsure of what happened next.

It should be noted that according to media reports on May 16, 2017, the passenger filed a six million dollar lawsuit against the City of Bridgeport in which he made assertions that contradict portions of his earlier account provided to State Police on the night of the incident. During the media interview, the passenger referred to Jayson Negron as his “Little Brother” and claimed the two had a long-standing close relationship. (A review of Jayson Negron’s and the passenger’s cell phones suggest that the relationship between Mr. Negron and the passenger was closer than he had stated on the night of the incident.) Subsequent requests for an interview to clarify discrepancies in the passenger’s story have gone unanswered. [Refer to: Interview Report of the Passenger , Transcription of the Passenger Interview , Passenger Interview Recording , Passenger Civil Complaint .]

2. Statement of Civilian Witness #1

Civilian Witness #1 was driving his Honda Accord in the right lane of Fairfield Avenue and was stopped in traffic prior to the driveway to Walgreens at the time of the incident. He stated that he saw an SUV stop (later identified as the Subaru), and then exit the driveway of the Walgreens followed by a Bridgeport Police cruiser with its strobe lights and siren activated. Civilian Witness #1 reported that he heard a police loud speaker telling the driver of the SUV to shut off the car and get out. Civilian Witness #1 then stated that he saw the SUV operator and the passenger talking between themselves, as they appeared to hesitate while deciding what to do. He then reported that he saw two Bridgeport Police officers exit their vehicle. Civilian Witness #1 then described how the SUV pulled out onto Fairfield Avenue as the operator attempted to flee and drove into oncoming traffic on Fairfield Avenue. He stated that as the SUV tried to drive between his Honda and a mini-van to his left, the SUV struck the driver’s side of the Honda. He stated that shortly thereafter, he then saw the SUV back up and strike the Bridgeport Police cruiser, which had pulled forward, but was still stopped at the beginning of the Walgreens driveway. Civilian Witness #1 then observed the SUV pull forward again and saw one of the policemen approach the SUV and open the driver’s door and try to remove the operator. Civilian Witness #1 then stated, “I saw the officer had his gun drawn. The officer was now caught between my vehicle and the SUV.” He stated that he heard the officer continue to yell for the operator to get out of the car. Civilian Witness #1 then saw the SUV operator begin to back the vehicle up again, pinning the officer between the driver’s door and the rear bumper of his Honda. Civilian Witness #1 then stated as the SUV moved backward, the officer appeared to be pushed by the SUV’s driver’s door. At this point, Civilian Witness #1 stated that he heard multiple gunshots. Civilian Witness #1 reported that he quickly exited his vehicle to avoid the gunfire and ran to the Walgreens lot without looking back. Upon reaching the lot, Civilian Witness #1 stated that he turned and saw the officers taking the SUV operator out of the vehicle and putting him onto the ground behind his Honda, although he had no clear view of the driver from his position. [Refer to: Interview Report of Civilian Witness #1 , Written Statement of Civilian Witness #1 .]

3. Statement of Civilian Witness #2

This civilian witness was driving his Pontiac mini-van and was stopped in traffic in the left lane of Fairfield Avenue just east of the Walgreens driveway. He stated that he saw the Subaru exit the Walgreens lot, and saw it turn left into oncoming traffic, striking the passenger side of his mini-van. He further stated that due to his close proximity to the Subaru, he was able to observe the occupants. He stated that the Subaru operator appeared to realize that there was insufficient room to navigate the Subaru through stopped cars, and began backing up towards the marked Bridgeport Police cruiser that was behind it. Civilian Witness #2 then witnessed a Bridgeport Police Officer running from the Walgreens lot while yelling, “Stop!” He stated that the driver of the Subaru did not stop the vehicle, and was “backing up at a fast rate trying to leave quickly.” Civilian Witness #2 then stated that he saw, “There were police officers trying to open the driver’s door and passenger’s door to get them out.” Although he could not see into the vehicle, Civilian Witness #2 stated that the vehicle occupants were not opening the doors. Civilian Witness #2 stated, “Once the police officer got the driver’s door open, I heard gun shots.” He described hearing “3 or 4” gunshots. He stated that he was unable to see which officer was shooting. Once the driver’s door was open, Civilian Witness #2 stated he was no longer able to see the driver. Civilian Witness #2 did witness the removal of the passenger from the vehicle, his handcuffing, and his subsequent treatment by medical personnel. [Refer to: Interview Report of Civilian Witness #2 , Written Statement of Civilian Witness #2 .]

4. Statement of Civilian Witness #3

Civilian Witness #3 was an Uber driver who had stopped his Hyundai Sonata in the right lane of Fairfield Avenue behind the Honda being driven by Civilian Witness #1 at the time. He stated that he saw the Subaru stop in the Walgreens exit driveway approximately sixty feet in front of him. Civilian Witness #3 stated that he saw a marked Bridgeport Police cruiser pull up behind the Subaru. He then saw both doors of the police car open, and he saw the cruiser’s passenger immediately run around his car door and up to the driver’s side of the Subaru. He stated that he saw the Subaru begin to moved forward. Civilian Witness #3 then reported that he saw the Subaru lurch forward a few inches, stopping for a matter of seconds, and then lurch forward again out onto Fairfield Avenue as it attempted to travel eastbound against traffic. He then observed other vehicles try to move to avoid the Subaru. Civilian Witness #3 stated he then pulled his vehicle forward partially onto the sidewalk of Fairfield Avenue trying to avoid the Subaru. He described the Subaru as “wedged in between two oncoming vehicles” and unable to move. Civilian Witness #3 stated that he saw one of the officers standing at the driver’s door of the Subaru and that one of the officers was standing at the passenger door. He stated that he saw that both officers had their guns drawn and pointed towards the Subaru. Civilian Witness #3 stated that he heard the officer on the passenger side yelling, “Get out of the fucking car or I’m gonna fucking shoot you!” Civilian Witness #3 stated that he was focusing more on the officer on the passenger side “when it came to talking.” He stated that he saw the driver’s side officer open the driver’s door of the Subaru as the passenger side officer was yelling for the occupants to get out of the car. He stated that neither occupant complied with the officer’s instructions. He states that he remembered noticing that the occupants did not have their hands raised. Civilian Witness #3 stated that he then looked towards a vehicle to his left that was backing out of the area. He stated that this vehicle grazed the driver’s side of his Hyundai (this vehicle was later identified as being driven by Civilian Witness #6). He stated that it was at this time that he heard the first gunshot. He stated that he looked back over at the Subaru and saw the driver’s side officer standing behind the open driver’s door and firing into the vehicle. Civilian Witness #3 stated that he did not know if the Subaru was moving or stationary at this time. Civilian Witness #3 reported, “I remember hearing one of the people in the Subaru say something like, ‘You shot me, dude. Really?’ and heard the driver say, ‘I think you got my heart.’” Civilian Witness #3 stated that he saw that one of the officers called on his radio for the paramedics right after the shots were fired. He stated that he did not recall how the driver got out of the vehicle, but he remembered seeing him lying motionless on the ground face-down in handcuffs. At this point, Civilian Witness #3 indicated he began seeking a way to leave the scene. He was eventually cleared to leave by an unknown Bridgeport Police officer. [Refer to: Interview Report of Civilian Witness #3 , Written Statement of Civilian Witness #3 .]

5. Statement of Civilian Witness #4

This witness was at the 5 Star Pizza restaurant located along the south side of Fairfield Avenue adjacent to Park Avenue which is approximately 200 feet from the scene of the shooting. Civilian Witness #4 stated that he was parked in the restaurant lot facing north (towards the event) when he heard vehicles traveling quickly towards his location. He stated that he witnessed the Subaru turn onto Fairfield Avenue and saw it start to travel against the flow of traffic. He stated that he then saw a Bridgeport Police cruiser cutting through the Walgreens parking lot. Civilian Witness #4 reported hearing the police officer yelling, “Stop!” and “Get out of the car!” numerous times. The witness stated that he then heard a shot and then heard multiple gunshots and he took his family inside the restaurant. Approximately fifteen minutes later he re-emerged to see an ambulance on scene. [Refer to: Interview Report of Civilian Witness #4 , Written Statement of Civilian Witness #4 .]

6. Statement of Civilian Witness #5

This witness was stopped in traffic at a red traffic control light on Fairfield Avenue near Park Avenue at some point west of the shooting site. Civilian Witness #5 stated he heard a gunshot coming from a location behind his car. He stated that he then looked in his rearview mirrors and saw “the SUV driving back and forth among all the police cars; he was ramming them because I saw all the cars moving.” He stated that he saw one officer was firing into the SUV. He stated that as soon as the traffic light changed to green and traffic began to move, he drove around the block out of curiosity. He stated that he then spoke with an unidentified Bridgeport Police officer who asked him to remain at the scene to provide information to Connecticut State Police. [Refer to: Interview Report of Civilian Witness #5 , Written Statement of Civilian Witness #5 .]

7. Statement of Civilian Witness #6

Civilian Witness #6 did not give a statement at the scene, and failed to tell any of the many law enforcement officers at the scene that she had witnessed the shooting or that her Jeep had been struck by the Subaru. Rather, she called the CSP at a later time and agreed to give a statement. When she arrived at the Troop to meet with detectives, Civilian Witness #6 gave detectives a seventeen-page packet that included a statement that she had written beforehand containing her recollection about the incident and some general material dealing with the subject of the use of excessive force by law enforcement officers. She also included what appeared to be an assessment tool designed to judge whether or not an officer had used excessive force that she appeared to have filled out. When she was at the Troop, she provided a second written statement. Although, there are a few minor differences between the two statements, most of what she reported was consistent.

Civilian Witness #6 stated that she was stopped in traffic in the right lane of Fairfield Avenue approximately 30-40 feet east of the Walgreens driveway. She stated that she saw a silver/grey SUV exit the Walgreens driveway and then turn left towards her vehicle. Civilian Witness #6 stated that she described the vehicle operator as a “young” man who “appeared confused” and was “pale” and was “looking beyond where he was going and failing to stop.” She stated that his vehicle was operating slowly. She stated that she saw the SUV try to drive between her Jeep and another vehicle to her left in a space she estimated to be approximately two and half feet wide. She stated that the SUV then struck her car in a “gentle” fashion and then came to a stop. She stated that she was unsure if the vehicle next to her had taken the brunt of the impact.

Civilian Witness #6 stated that she saw a marked police cruiser pull up behind the SUV and then saw the SUV back up towards the police car. She reported that she observed one of the officers approach the driver’s side of the SUV with his weapon drawn and repeatedly order the occupants out of the vehicle. She stated that she saw the driver leaning back towards the passenger and away from the officer. She stated when the occupants of the SUV did not comply with the officer’s request, she saw the officer open the SUV’s driver’s door and grab the driver’s right arm with his left hand as he attempted to pull the driver out of the car. She stated that she saw “the car moved briefly in reverse causing the officer to be jolted by the open driver’s side door…” before the SUV came to a stop. Civilian Witness #6 then reported, “The officer quickly regained his composure.… He placed both hands on his weapon and very briefly paused in front of the driver’s door then shot into the car once.” Civilian Witness #6 stated she saw the officer subsequently fire additional rounds into the vehicle through the open driver’s door.” Civilian Witness #6 stated she then moved her car backwards causing a minor impact with another vehicle and damaging her rear light. She stated that the vehicles surrounding her also moved, so she was able to turn around and head into the Walgreens lot using the east Fairfield Avenue entrance.

Civilian Witness #6 stated that she next watched the scene for a while to see what transpired. It should also be noted that in her packet provided to the detectives, she reported that she thought that she might have seen a third person in the Subaru who was seated in the back seat on the passenger side wearing a striped shirt. In her later statement, she stated that it was “unclear” if there was a third person in the car or not. She also stated that while she was in the parking lot observing the scene, she saw Mr. Negron lying on his back with his hands cuffed and resting on his stomach. She said he appeared to be elevated and lying on some type of board. (Except for Civilian Witness #6, all witnesses reported that there were only two people in the Subaru; Mr. Negron and his passenger. Witness statements, video, and photographs taken at the scene indicate that Mr. Negron was always lying on his stomach directly on the pavement with his hands cuffed behind him.) [Refer to: Interview Report of Civilian Witness #6 ; Written Statement of Civilian Witness #6 , Civilian Witness #6 Packet .]

B. Statements Of Law Enforcement Personnel

Detectives interviewed and obtained written statements from every Bridgeport Police officer who was an initial responder to the scene. A total of eleven officers provided written statements

1. Statement of Bridgeport Officer James Boulay

As part of their investigation, WDMCS learned that Officer Boulay had been employed as a certified City of Bridgeport police officer for four months and three days at the time of the shooting, having received his Police Officer Standards and Training certification as of January 6, 2017. He had not received any discipline during this time nor had he been the subject of any Internal Affairs investigation.

On June 14, 2017, at approximately 1605 hours, Officer James Boulay and his attorney, Eric Daigle, consented to an interview and provided the WDMCS with a pre-written statement. In this statement, James Boulay stated, that on May 9, 2017, he was working the “C Shift” which lasts from 1600 hours until to 2400 hours. He stated that he was assigned to a marked Bridgeport Police cruiser Amber 23 with his partner, Officer Mario Pecirep. Boulay stated that on that date Officer Pecirep was driving and he was seated in the passenger seat of the vehicle.

Officer Boulay stated that he heard a radio transmission on Bridgeport Police Department Channel One in which Gang Task Force Detective James Borrico advised that he was following a stolen Subaru Forrester on Maplewood Avenue and Laurel Avenue in an unmarked Bridgeport Police Department vehicle. He stated that as the Subaru approached Washington Avenue with Detective Borrico still following it, Bridgeport Police Department Dispatch requested back up for the detective. He stated as the Subaru was entering the Washington Avenue driveway to Walgreens, the marked patrol cruiser got directly behind the Subaru. At this point, Detective Borrico fell back and positioned his unmarked car behind the marked cruiser.

Boulay then stated that upon entering the lot, Pecirep activated the cruiser’s overhead strobe lights and audible siren to initiate a motor vehicle stop. The Subaru operator disregarded the lights and siren and increased his speed, traveling across the front of the Walgreens store and directly towards the south exit driveway onto Fairfield Avenue. Upon reaching the mouth of the driveway, he stated that there were numerous vehicles stopped on Fairfield Avenue waiting for a red traffic control light to change that was about 150 feet west of Walgreens exit. He stated that the Subaru then turned left against the one-way flow of traffic and into multiple vehicles stopped on Fairfield Avenue. Officer Boulay then reported that Officer Pecirep drove through the parking lot and stopped the cruiser at the edge of Fairfield Avenue.

Officer Boulay stated that he then exited the cruiser while drawing his weapon and approached the Subaru on foot because he believed that the Subaru was blocked in by the Fairfield Avenue traffic. He stated that he ran up to the driver’s side A-pillar of the Subaru [8] , he pointed his weapon towards the operator, and ordered the driver to, “Stop the car! Get out of the motor vehicle!” Instead of complying with the officer’s instructions, Officer Boulay stated that the driver then accelerated forward past him and struck at least one motor vehicle in front of him. Officer Boulay then stated that in order to immobilize the vehicle he decided to fire his weapon into the driver’s side rear tire of the Subaru. Officer Boulay next stated that he ran up to the driver’s side of the Subaru and opened the driver’s door, placing his back against the door to face Mr. Negron in the driver’s seat. He stated that he pointed his weapon at Negron and ordered him out of the vehicle several more times. Officer Boulay then reported that when Mr. Negron failed to comply, he grabbed Mr. Negron and tried to pull him out of the vehicle. He stated that Mr. Negron then leaned back and away from him into the vehicle and onto the passenger to the point he was nearly sitting on top of the Subaru’s center console.

Officer Boulay further reported that Jayson Negron then reached over and shifted the Subaru into reverse and stepped on the gas pedal. Officer Boulay stated he heard the Subaru engine revving and felt the vehicle begin to move quickly in reverse. As the vehicle came in contact with the left side of his body, Officer Boulay stated that he tried to grab ahold of some component inside the Subaru’s passenger compartment to stabilize himself and to avoid being drawn underneath the vehicle. As the Subaru continued traveling backwards, the officer felt his body being dragged along with it. As he felt the driver’s door further encroach upon the left side of his body, Officer Boulay reported the sensation of being pulled under the driver’s door and was in fear of being run over by the vehicle. Officer Boulay stated he was losing his footing and became fearful he was about to suffer serious physical injury, or perhaps be killed by the movement of the Subaru that was being operated by Jayson Negron. He then reported that he aimed his weapon at the driver and fired multiple times to stop the vehicle.

Officer Boulay stated that after he fired his gun, the Subaru stopped and he was able to regain his footing. The officer reported noting that the Subaru driver’s door hinge had been broken during the impact with his body, and that the door had been forced open in excess of its normal range (approximately 134 degrees) and was nearly folded up against the front quarter panel of the Subaru.

Officer Boulay then reported that Detective Borrico approached the driver’s door of the Subaru and assisted him in removing Mr. Negron from the driver’s seat. He stated that after placing Mr. Negron on his stomach on the street, he handcuffed him. Officer Boulay then stepped back and was relieved by other officers from the general area.

Shortly after this event, Officer Boulay was transported to Saint Vincent’s Medical Center for treatment of the injuries he sustained to his lower extremities during this event. He maintains that he sustained deep bruising to his left hip that he attributed to having been dragged by the Subaru, and from when the hinges of the Subaru’s driver’s door broke free and the door became pinned up against the Subaru’s front driver’s side quarter panel. Boulay described another injury to his shin as “…a laceration and swelling to my left shin from being struck by the driver side door when the suspect (operator) drove the motor vehicle in reverse.” He also described “…a swollen left ankle from being dragged by the suspect motor vehicle.” Officer Boulay stated at the time he provided his statement, he was still receiving treatments for these injuries.

Officer Boulay voluntarily provided photographs of his injuries taken over the subsequent days to document the healing process. The officer also granted consent for the CSP to obtain his medical records for treatment that he received as a result of this event. [Refer to: Written Statement of Officer James Boulay , Photos of Officer Boulay's Injuries .]

2. Statement of Bridgeport Officer Mario Pecirep

On June 14, 2017, at approximately 1644 hours, Officer Mario Pecirep and his attorney, Eric Daigle, went to the WDMCS Troop G office to give a statement. He stated that on the date of the incident, he and Officer James Boulay were working together in a two-man car during the evening shift (“C Shift”) as police officers with the Bridgeport Police Department. He stated that while on routine patrol, the officers heard Detective James Borrico advise that he was following a stolen Subaru Forrester. Officer Pecirep stated that they ultimately located the stolen vehicle and maneuvered behind it as the Subaru entered the Walgreens lot from Washington Avenue.

Officer Pecirep stated that as the Subaru proceeded through the lot at what Officer Pecirep characterized as a “slow pace,” he attempted to initiate a motor vehicle stop by activating his cruiser’s lights and siren while driving directly behind the Subaru. He stated that the Subaru operator failed to stop and continued through the lot to the exit driveway onto Fairfield Avenue. Officer Pecirep stated that the Subaru turned left into oncoming traffic on the one-way street and struck a vehicle. He stated that at this point, Officer Boulay exited the cruiser’s passenger door and approached the driver’s door of the Subaru. Officer Pecirep stated that he remained with the cruiser because he was unsure whether the Subaru was going to stop or continue fleeing “the wrong way on a congested Fairfield Avenue, endangering oncoming traffic, pedestrians, and as [sic] my partner.”

He stated that as he pulled up behind the Subaru, its reverse lights came on and the SUV abruptly backed into Officer Pecirep’s cruiser. He stated, “As the vehicle was moving, I heard multiple shots fired, not knowing if they came from my partner or the suspect, I immediately advised the radio of shots fired and an emergency 10-32 (Emergency Officers Need Assistance).”

Officer Pecirep then stated that he exited the cruiser and started to run towards the driver’s side of the Subaru before noticing that the Subaru contained a passenger. Officer Pecirep stated that he quickly turned around and vaulted the hood of his cruiser that was still in physical contact with the Subaru, and ran up to the passenger side front door where he began ordering the passenger out of the vehicle. He stated that the passenger attempted to comply, but indicated that he was unable to open the passenger door. Officer Pecirep attempted to open the door but found it to be “jammed.” Officer Pecirep stated that he ultimately forced the door open with the help of responding Bridgeport Police Department Officer Diez and the passenger was taken into custody. Pecirep stated that he saw that the passenger was bleeding, so he immediately called for two ambulances over the radio and advised dispatch of the best approach for medics. He stated that he then conducted a pat down of the passenger for weapons and found none. As other officers arrived, he stated that Bridgeport Police Officer Bobby Jones drove him to Saint Vincent’s Medical Center for medical treatment.

Officer Pecirep indicated that during the event he had sustained an injury to his left ankle as he vaulted the hood of his cruiser. He also reported an injury to his right elbow sustained when he attempted to break the Subaru’s passenger door window to remove the passenger from the vehicle. [Refer to: Written Statement of Officer Mario Pecirep , Interview Report of Officer Mario Pecirep .]

3. Statement of Bridgeport Detective James Borrico

Undercover Bridgeport Officer James Borrico was operating an unmarked Bridgeport Police vehicle directly behind a marked City of Bridgeport Police cruiser Amber 23 containing Officers Boulay and Pecirep and was a witness to the shooting of Mr. Negron . Detective Borrico stated that he initially observed the Subaru Forrester being operated erratically on Maplewood Avenue. After learning from the Bridgeport Police Department Dispatch that this vehicle was listed as stolen, Detective Borrico advised surrounding officers of his location, and he received backup from Officers Boulay and Pecirep. Detective Borrico stated that as the Subaru was entering the Walgreens lot from Washington Avenue, he pulled to the right to allow the marked Bridgeport Police cruiser (Amber 23) to pass him. He then reported that Officer Pecirep positioned his cruiser directly behind the Subaru. As Detective Borrico fell in behind the cruiser, he stated he saw the Subaru traverse the Walgreens lot at a high rate of speed, and then stop in the exit driveway at Fairfield Avenue. Detective Borrico reported that he saw that the Subaru was unable to move through the heavy traffic, so it then backed up and rammed the Bridgeport Police cruiser containing Officers Boulay and Pecirep. He then observed the Subaru move forward again and strike a vehicle on Fairfield Avenue, before backing up and ramming the officers’ cruiser for a second time. Detective Borrico stated he saw the Subaru move forward again striking more vehicles in its attempt to flee. Detective Borrico then stated he saw one of the officers from the police cruiser (Officer Boulay) approach the Subaru and open the driver’s door in an attempt to take the operator into custody. Detective Borrico reported that he saw Officer Boulay standing inside the open driver’s door when the Subaru operator accelerated in reverse trapping the officer’s legs underneath the door and dragging the officer backwards. Detective Borrico stated that he saw Officer Boulay discharge his weapon towards the operator and then saw the vehicle stop and Officer Boulay was able to regain his footing. Detective Borrico then exited his vehicle, removed the operator from the Subaru, and assisted Officer Boulay in handcuffing the operator. He stated that medics were then called for both Negron and the passenger, both of whom had suffered gunshot wounds. [Refer to: Interview Report of Det. James Borrico , Written Statement of Det. James Borrico .]

4. Statement of Bridgeport Officer Mark Blackwell

Bridgeport Police Officer Mark Blackwell responded to the request for back up from Detective Borrico when he heard the call on his radio of “Shots Fired.” Thus, he was not present at the time that Officer Boulay discharged his firearm but arrived moments later. Officer Blackwell stated that he parked his vehicle in the south portion of the Walgreens lot and saw Detective Borrico and Officer Boulay removing Jayson Negron from the driver’s seat of the Subaru and taking him into custody. He reported that at this point, he saw other officers on the passenger side of the Subaru trying to remove the passenger from the vehicle. After quickly assessing scene safety, Officer Blackwell stated that he turned his attention to Mr. Negron who was lying prone on the pavement moaning softly. Officer Blackwell stated that he saw that Mr. Negron had suffered a gunshot wound and visually assessed his condition. Suspecting that Mr. Negron was gravely wounded, Officer Blackwell stated that he radioed the Bridgeport Police Department Dispatch with an update to “expedite” medics that had already been requested. Officer Blackwell stated that he put on protective gloves and squatted down to further assess Mr. Negron’s condition after which he re-contacted Bridgeport Police Dispatch to request that the medics be expedited. Officer Blackwell also stated that once he realized that Mr. Negron was very seriously injured, he asked a superior officer if he should remove the cuffs from the wounded man. Officer Blackwell stated that his superior told him to wait for the paramedic before doing so because of the seriousness of Mr. Negron’s wounds and that the fact that he was no longer responsive. [Refer to: Interview Report of Officer Mark Blackwell , Written Statement of Officer Mark Blackwell , Facebook video.]

5. Statement of Bridgeport Police Officer Carlos Carmo

Officer Carlos Carmo responded to the request for backup and arrived on scene shortly after “Shots Fired” had been reported. Officer Carmo stated that as he arrived he observed Officers Pecirep and Diez taking the Subaru passenger into custody. He stated that the passenger spoke to him and said he had been shot and was losing a lot of blood. Officer Carmo stated that he tried to reassure the passenger and told him to ‘hang in there” and that “the AMR (American Medical Response) is on the way.” He stated that he also secured the scene until the AMR arrived.” [Refer to: Interview Report of Officer Carlos Carmo; Written Statement of Officer Carlos Carmo.]

6. Statement of Bridgeport Sergeant Sean Lynch

On May 9, 2017, Sergeant Sean Lynch was assigned as the Patrol Supervisor of the Green Sector. Sergeant Lynch stated that he responded to the area of Fairfield Avenue and Park Avenue after hearing a radio transmission reporting “Shots Fired” in connection to an incident involving a stolen motor vehicle. Sergeant Lynch stated that he arrived on scene simultaneously with the medics, and saw Jayson Negron lying prone on the ground in handcuffs to the north side of the Subaru on Fairfield Avenue. He stated that Mr. Negron appeared “unresponsive.” Lynch stated he expanded the police line into the parking lot of Walgreens in order to better shield the decedent from public view. Sergeant Lynch further stated he did this to “provide a more substantial physical and visual barrier… to protect the scene and personnel at the parking lot access point to Fairfield Avenue and as much as practicable give some level of dignity to the decedent.” He reported that a crowd was gathering, including members of the media, and many people were taking photos with their cell phones. [Refer to: Interview Report of Sgt. Sean Lynch , Written Statement of Sgt. Sean Lynch .]

7. Statements of Other Bridgeport Officers on Scene

Additional written statements were obtained from:

• Sergeant Frank Cuccaro : Arranged transport of officers to Saint Vincent’s Medical Center and conducted scene management. Interview Report of Sergeant Frank Cuccaro .

• Officer Julio Diez : Assisted in detaining the passenger and transporting Officer Boulay to the hospital. Interview Report of Officer Julio Diez .

• Officer Bobby Jones : Transported Officer Pecirep to the hospital. Interview Report of Officer Bobby Jones .

• Officer Jonathan Simmons : Assisted in the detention of the passenger. Interview Report of Officer Jonathan Simmons .

C. Statements Of Medical Providers And First Responders

1. Statement of AMR Paramedic Supervisor Robert Calzone

American Medical Response Paramedic (AMR) Supervisor Robert Calzone stated that he has over thirty years’ experience in the Emergency Medical Services field, and has treated multiple victims of gunshot wounds. Paramedic Calzone stated that he was working the evening of May 9, 2017, and responded to the scene. He stated that he had learned that there were multiple individuals with injuries including members of the Bridgeport Police Department. Paramedic Calzone stated that he was the first AMR medic on scene when he arrived at 1709 hours. Paramedic Calzone stated that he first encountered a male who was later identified as Jayson Negron lying prone on the ground in handcuffs. He stated that Bridgeport Police Officer Mark Blackwell was standing next to him. Paramedic Calzone stated that this officer advised him that there was a second gunshot victim on the other side of the Subaru. Paramedic Calzone stated his training included recognizing this situation as a Mass Casualty Incident, and that as such his role as the first–arriving medic was to triage all injured persons.

Calzone stated that when he arrived on the scene he visually assessed Mr. Negron who appeared to already be deceased. He stated that he made this determination based upon a number of factors including: the “gray” and “ashen” color of Mr. Negron’s skin which was indicative, in Paramedic Calzone’s training and experience, of a person who had sustained a large amount of blood loss; Mr. Negron’s lack of a discernible pulse, indicative of a reduced blood flow; Mr. Negron’s pupils which were fixed and dilated; and Mr. Negron’s lack of respiration. Paramedic Calzone stated that he also observed a large amount of blood on the ground in close proximity to Mr. Negron’s position that he estimated to be approximately two liters, which he recognized through his training and experience to be a severe degree of blood loss. Based upon all these factors, Paramedic Calzone concluded that Mr. Negron was deceased and recorded this in the AMR CAD notes at 1715 hours. He stated that since he was still the only medic on the scene, he then shifted his attention to the other gunshot victim, the passenger who was located on the other side of the Subaru. As Paramedic Calzone was assessing the passenger’s injuries, he reported that the first ambulance arrived. He stated that he then turned the medical care of the passenger over to the arriving medics Andrew Levino and Kevin Handel. Paramedic Calzone reported that he remained on the scene approximately five minutes longer before clearing it at approximately 1722 hours. [Refer to: Interview Report of Paramedic Supervisor Robert Calzone , Written Statement of Paramedic Supervisor Robert Calzone .]

2. Statement of AMR Paramedic Andrew Levino

AMR Paramedic Andrew Levino was partnered with Emergency Medical Technician Kevin Handel on May 9, 2017. Paramedic Levino stated that at 1705 hours, they were dispatched to the scene of the incident in order to treat gunshot injuries. He reported that they arrived on scene at approximately 1711 hours. Paramedic Levino stated that he saw the passenger lying prone on the ground in handcuffs. Levino reported that he observed that the man had suffered a penetrating wound to the area of his left shoulder/upper back. He stated that at this time, he requested an unidentified Bridgeport police officer move the passenger’s handcuffs to the front in order to better facilitate the passenger’s medical treatment. He stated that the wounded man was then transferred to a stretcher and was transported to the Bridgeport Hospital Emergency Department on a Trauma Alert. Levino stated that the passenger was noted to be “calm and cooperative” during transport. [Refer to: Interview Report of Paramedic Andrew Levino , Written Statement of Paramedic Andrew Levino .]

3. Statement of AMR Emergency Medical Technician (EMT) Kevin Handel

AMR EMT Kevin Handel indicated that on May 9, 2017, he was working with Paramedic Andrew Levino when they were called to the scene in of the incident. He estimated that they arrived at the scene at approximately 1705 hours. Handel noted that Supervisory Paramedic Calzone was already on scene when they arrived. He stated that he and Paramedic Levino were then directed to treat a man (later identified as the passenger) who was ultimately transported to Bridgeport Hospital for further care. [Refer to: Interview Report of EMT Kevin Handel, Written Statement of EMT Kevin Handel.]

V. MEDICAL REPORTS AND FINDINGS

A. AMR Patient Care Documentation for Patients

As part of their investigation, Detectives from the WDMCS obtained the Patient Care Documentations (also referred to as “Run Sheets”) for Jayson Negron and for his passenger. These documents memorialized the dispatch and arrival times for medical personnel, as well as specific observations and treatments, connected with the care of each patient. These records were consistent with the statements of the first responders. The (AMR) Patient Care Report for the passenger was turned in as evidence and entered as Exhibit #0104. 

1. Medical Records of Officer James Boulay

On the same day that he gave his statement, Officer James Boulay provided a written consent for WDMCS detectives to obtain his medical records from the Saint Vincent’s Medical Center regarding his treatment for his injuries obtained during this event.

Officer James Boulay’s medical treatment records included the following electronic entry made by Saint Vincent’s Emergency Room Doctor Jose Mejia:

PATIENT IS POLICE OFFICER WHO HAD A CAR BACK UP AT HIM AT APPROX 5 MPH BRIEFLY PINNING HIS LEFT LEG. HAS MILD ABRASION TO HIS LEFT SHIN. X-RAY WITH NO FX (FRACTURES). HE ALSO NOTED ANKLE PAIN, NO FX THERE ALSO. LASTLY HE NOTED LEFT UPPER HIP PAIN. X-RAY NOTED, NO DEFINITIVE HIP FX. I NOTED X-RAY TO HIP. I RANGED HIS HIP AND HE HAD NO PAIN.

[Refer to: Medical Records of Officer Boulay, Photos of Officer Boulay's Injuries .]

2. Medical Records of Officer Mario Pecirep

The medical records for Officer Mario Pecirep made by a Saint Vincent’s attending physician assistant included the following electronic entry, “Contusion of elbow, right; Left ankle strain; Stress response.” [Refer to: Medical Records of Officer Pecirep .]

5. Autopsy Results

On May 10, 2017, an autopsy was performed on the body of Jayson Negron by Assistant Medical Examiner Gregory A. Vincent, M.D. at the Office of the Chief Medical Examiner in Farmington. Autopsy results list the Cause of Death as “Gunshot wounds of torso and upper extremities with injuries of lungs, pulmonary trunk, and right pulmonary artery.” The Manner of Death was listed as “Homicide (Police Shooting).” The autopsy report listed the following injuries:

In order to fully understand the autopsy results, Detective John Kimball had two subsequent conversations with Gregory Vincent, M.D., the Assistant Medical Examiner who performed the post mortem examination of Jayson Negron. Doctor Vincent indicated it was not possible to provide a definitive timeframe specific to Jayson Negron’s case. However in these follow up conversations, the doctor indicated that given the nature and severity of the injuries suffered by Jayson Negron, in order to survive, Mr. Negron would have required surgical intervention within minutes of the shooting. The doctor explained that immediate surgery was necessary because Mr. Negron had sustained an injury to one of the major blood vessels in his body which would have resulted in a rapid loss of blood. The doctor stated that since Jayson Negron had suffered his injuries on a congested city street of Bridgeport in an area that was more than two miles from the closest hospital, his probability of surviving his injuries was low. Doctor Vincent was careful to note that he was providing these timeframes as generalities. However, he stated that since Mr. Negron had been shot at approximately 1702 hours, the paramedic’s conclusion that he was cyanotic, pulseless, and without respirations at 1710 hours was consistent with the nature of Jayson Negron’s injuries that Dr. Vincent observed during the post mortem examination. When asked if direct pressure to manage bleeding or any other method of medical treatment available to any first responders on scene could have affected the outcome for Jayson Negron, Doctor Vincent indicated that any method available to first responders would have had little to no ability to prevent Jayson Negron’s death. Rather, the doctor stated that the only way to stem the type of bleeding experienced by Jayson Negron would have involved surgical intervention which fell well beyond the scope of the first responders.

6. Injuries Sustained by the Passenger

The passenger received two gunshot wounds. The first wound entered his mid-clavicle and exited his left mid-scapula. The second wound was a shot to his left bicep.

7. The Path of the Bullets

Dr. Vincent’s report noted four distinct gunshot wounds suffered by Mr. Negron.

1. A chest wound that entered the left side of Mr. Negron’s ribcage, struck his left lung, the heart, the right lung, and the right side of his ribcage. This wound caused significant internal bleeding and was most likely the fatal wound. This round was recovered during the post mortem examination;

2. A penetrating wound to the right upper arm that passed through the biceps area and was believed to have been one of the two rounds which also struck the passenger;

3. An entry wound to the left upper portion of abdomen that perforated the right hip and became lodged in the right thigh. This round was recovered during the post mortem exam; and

4. A penetrating wound to left forearm that passed through the limb and which possibly entered the chest of Jayson Negron, accounting for Wound #1 (above).

The passenger received two gunshot wounds:

1. A penetrating wound entering mid-clavicle and exiting left mid-scapula;
2. A penetrating wound to left bicep that fragmented and was subsequently removed at Bridgeport Hospital and seized as evidence.

VI. COLLECTION OF EVIDENCE

The WDMCS Crime Van personnel recovered many evidentiary items at both the scene of the shooting and during the later processing of the vehicles involved. These items include:

• Exhibit #0015 – Projectile w/ BLS
• Exhibit #0019 – GSR kit from Jayson Negron
• Exhibit #0020 – Smith & Wesson MP .45 caliber handgun (Officer Pecirep)
• Exhibit #0021 – Officer Pecirep duty gear
• Exhibit #0026 – Smith & Wesson MP .45 caliber handgun (Officer Boulay)
• Exhibit #0027 – Sig Sauer P238 .380 caliber handgun
• (Officer Boulay – personally owned)
• Exhibit #0028 – Officer Boulay duty gear
• Exhibit #0030 – Blauer cargo pants w/ multiple tears (Officer Boulay)
• Exhibit #0035 – Apple iPhone 6 Plus (passenger phone)
• Exhibit #0042 – 2012 Subaru Forrester (Stolen Vehicle)
• Exhibit #0043 – 2008 Honda Accord (witness vehicle)
• Exhibit #0072 – Projectile from inside Subaru D/S rear tire
• Exhibit #0077 – LG cellphone (Jayson Negron phone)
• Exhibit #0078 – Red plastic prescription bottle from inside Subaru
• console suspected of containing codeine
• Exhibit #0086 – .380 caliber cartridge (subsequently determined to
• be unconnected to case)
• Paint exemplars from Subaru
• Latent fingerprints from Subaru
• Fingerprints & DNA Samples from Officer Boulay and Officer Pecirep

[Refer to: Property Inventory Report .]

A. Recovery of Expended Projectiles and Verification of the Round Count

Through their investigation, WDMCS personnel determined that Officer Boulay had fired five rounds from his department issued .45 caliber service weapon during the time in question. Officer Boulay also had his secondary “back-up” weapon with him at the time of the shooting. This second weapon was a Sig Sauer P238 .380 caliber semi-auto handgun. Officer Boulay stated that he had not used his secondary weapon on the date of the incident. WDMCS detectives confirmed this by examining this secondary gun. The Sig Sauer P238 .380 caliber was found to be fully loaded and showed no signs of having been recently fired. WDMCS van personnel recovered no .380 caliber projectiles at the scene.

All five of the projectiles fired by Officer Boulay were recovered by WDMCS personnel during this investigation:

1. Exhibit #0015 was recovered by the WDMCS crime van from the scene;
2. Exhibit #0057 was recovered from the right hip of Jayson Negron during post mortem;
3. Exhibit #0058 was recovered from the right lung of Jayson Negron during post mortem examination;
4. Exhibit #0072 was recovered by the WDMCS crime van from the driver’s side rear tire of the Subaru during subsequent processing of the vehicle; and
5. Exhibit #0099 which was removed by Bridgeport Hospital medical personnel from the passenger during surgery.

On May 10, 2017, Civilian Witness #7 contacted police to report that she had found a “fragment” or “bullet fragment” near the scene of the shooting. She stated that she had seen a grieving woman wiping up blood from the scene. She stated that in an effort to be considerate, she took the mop from the unknown woman and proceeded to clean the pavement when a bullet fragment flipped out of the mop head. Witness #7 stated that she thought that the item might be connected to the shooting of Mr. Negron so she contacted the police who took custody of this casing. When the item was inspected, it appeared to be a .380 caliber casing that appeared dirty and weathered, suggesting it had been lying on the ground for a period of time much longer than twelve hours. This item was labeled as Exhibit #0086 and was subsequently submitted to the Forensic Lab for ballistic comparison to Officer Boulay’s personal weapon, the Sig Sauer P238. Laboratory results determined this .380 caliber casing had no connection to the shooting. [Refer to: Interview Report of Civilian Witness #7 , Statement of Civilian Witness #7 , Photo Report for Exhibit #0086 , Photographs of Exhibit #0086 , Forensic Lab Report including Exhibit #0086 .]

B. Aerial Footage of the Scene

An overhead drone operated by a civilian took aerial photographs of the scene. In his statement, Civilian Witness #8 said that he is employed by a local construction company. He stated that he was on the fifth floor of a nearby building and could see the scene from his location. He reported that one of his coworkers had used the drone to take footage of the scene and others had taken photos with their cellphones. Civilian Witness #8 stated that when he learned that his relative, Officer James Boulay was involved in this shooting, he obtained the images and turned them over to the CSP.

This footage appears to have been recorded from the intersection of West Avenue and Fairfield Avenue looking west along Fairfield Avenue towards Park Avenue. None of the images recorded the shooting. However, they do appear to show the scene shortly after the event and before the passenger was transported by ambulance at 1720 hours. In total, Civilian Witness #8 provided the CSP with two still photographs, one video that was one minute and eight seconds in duration, and a second video that was one minute and 31 seconds in duration. [Refer to: Interview Report of Civilian Witness #8 , Written Statement of Civilian Witness #8 , Photos provided by Civilian Witness #8 , Video #1 provided by Civilian Witness #8, Video #2 provided by Civilian Witness #8, Consent to Search: Civilian Witness #8 (Detective Fawley) , Consent to Search: Civilian Witness #8 (Detective Grabowski) .]

C. Social Media

This event took place in a highly traveled and congested area. Prior to Officer Boulay discharging his weapon, spectators can be seen on the Walgreens surveillance footage walking through the parking lot and stopping to watch the police activity. Since most individuals today carry some type of cell phone capable of taking still photographs as well as recording audio/video, there are frequently postings of law enforcement incidents on social media. Hoping to obtain further information on the shooting, WDMCS detectives actively reviewed social media postings on Facebook, Twitter, Instagram, and other sites. All persons who claimed to have witnessed this event were contacted. Users were sent direct messages by the CSP stating that they were investigating the shooting and requesting that they contact the WDMCS Troop G office. While most of these requests went unanswered, some persons did respond and were interviewed. [Refer to: Facebook Posting by WDMCS .]

VII. EXAMINATION OF THE VEHICLES INVOLVED AND ACCIDENT RECONSTRUCTION

The Connecticut State Police conducted extensive scene recreations and vehicle examinations in order to ascertain the movement of the cars during this encounter. This task was made more difficult than usual by several different factors. This incident was actually an occurrence of several smaller collisions. The Subaru struck at least four different vehicles, some more than one time. At least one of the other vehicles collided with another car after striking the Subaru. After each collision, the vehicles shifted position making a later accident reconstruction particularly challenging. Indeed, Civilian Witness #6 reported that after the shooting, all of the cars around her moved enabling her to turn around in the street and leave the scene. The Honda driven by Civilian Witness #1 is seen on the Walgreens video moving onto the shoulder of Fairfield Avenue between the first and second collisions. Additionally, the Subaru continued to move for some period of time after the fatal shots were fired before striking the Bridgeport cruiser. The following is a summary of the findings of the WDMCS regarding the movement of the various vehicles during this incident.

A. 2012 Subaru Forrester

Jayson Negron was operating a stolen 2012 Subaru Forrester on the date of the incident. When the incident was over, the Subaru was located with its rear end in contact with the front end of the Bridgeport Police cruiser. The rear-end damage to the Subaru, as well as the corresponding front-end damage to the Bridgeport Police cruiser, were consistent with a moderate speed impact. The Subaru had sustained considerable damage to its entire driver’s side and front driver’s side corner. The driver’s door hinge was broken, and the door had been bent back approximately 134 degrees onto the front driver’s side quarter panel. The sheet metal in the area where the driver’s door met the front quarter panel showed pronounced deformation suggesting that significant force was exerted on the driver’s door to force it forward against the quarter panel. The driver’s door interior plastic door panel showed signs of having been forcibly compressed, and there were scuffs on the grey door panel and black weather stripping of the door. The exterior of the driver’s door showed horizontal scuffs consistent with contact with another vehicle, believed to have been the Honda Accord. The front passenger side of the Subaru’s front bumper showed signs of having rubbed up against another vehicle, believed to have been the 2005 Pontiac Montana. The passenger side front quarter panel was scraped and compressed with greater deformity toward the rear, suggesting that the Subaru pushed forward with force into the Pontiac. The front right tire sidewall of the Subaru also showed signs of rubbing. This damage corresponds to the circular tire rubs on the Pontiac. [Refer to: Subaru Photos .]

B. The 2008 Honda Accord

Civilian Witness #1 was operating a 2008 Honda Accord at the scene of the shooting. He stated that he had stopped in the right lane of Fairfield Avenue prior to the Walgreens driveway when the Subaru pulled out of the lot and struck his vehicle. The driver’s side of the rear trunk lid showed signs of having been compressed. The driver’s side brake light showed lateral scuffmarks. The Honda’s driver’s side rear quarter panel was scuffed with a transfer of material that appeared consistent with the plastic on the interior door panel of the Subaru’s driver’s door which was indicative of the interior of the Subaru’s driver’s door being rubbed against the driver’s side of the Honda. Additional components along the Honda’s driver’s side showed signs of having been scraped consistent with the Subaru attempting to squeeze onto Fairfield Avenue in between vehicles. [Refer to: Honda Photos .]

C. The 2005 Pontiac Montana

Civilian Witness #2 was operating a 2005 Pontiac Montana in the left lane of Fairfield Avenue prior to the Walgreens driveway when his car was hit by the Subaru as it emerged from the Walgreens parking lot and tried to force its way past the passenger side of Civilian Witness #2’s vehicle. The Pontiac showed crush damage to the passenger side rear sliding door, including an apparent rubber transfer from the passenger side front tire of the Subaru sustained as the Subaru’s tire rotated as it pushed forward against the side of the Pontiac. [Refer to: Scene Photos , which include this vehicle.]

D. The 2002 Jeep Cherokee

Civilian Witness #6 was operating a Jeep Cherokee at the time of the incident. She stated that she had been stopped in the right lane of Fairfield Avenue when the Subaru tried to drive between her Jeep and another vehicle to her left (the Pontiac), striking the driver’s side of her Jeep in the process. The Jeep had damage to the driver’s side of its front bumper, its driver’s side headlight, and its driver’s side front quarter panel that she attributed to the event. It should be noted that Civilian Witness #6 drove away from the scene before it had been secured, so police were unable to examine it until she later contacted them. It was at this later time that her Jeep was secured and examined. [Refer to: Jeep Photos.]

E. The Bridgeport Police Cruiser

The Bridgeport Police cruiser operated by Officer Pecirep on the date and time of the incident was a 2013 Dodge Charger, Connecticut Municipal Plate 432BPT. This vehicle sustained damage to the driver’s side front quarter panel, hood, bumper assembly, driver’s side headlamp, engine components (e.g., radiator), and push bar. According to the WDMCS investigation, this damage was incurred when the Subaru operated by Jayson Negron repeatedly struck this Bridgeport Police cruiser and appears consistent with a moderate speed impact by the Subaru. Through an examination of the Walgreen’s video, WDMCS have concluded that the cruiser was stationary both times it was struck by the Subaru.

VIII. THE STATUS OF THE SUBARU FORRESTER

During the early morning hours of April 12, 2017, the Subaru Forrester being operated by Mr. Negron on the date of the incident was stolen from a residential driveway in Shelton, Connecticut. At the same time that this car was taken, another vehicle owned by the same person, a 2010 Nissan Rogue, was also stolen from the same location. The owner reported that he had washed and vacuumed both cars on April 11, 2017, and had left the keys in the ignition, as was his habit. At approximately 0500 hours, the registered owner walked outside and discovered that both of his cars were missing. He immediately reported the theft to the Shelton Police Department. Shelton Police Department records indicate that the report of the stolen vehicles came in at 0511 hours on April 12, 2017. Pursuant to its policy, Shelton Police Department dispatch entered both vehicles into the NCIC/COLLECT database listing them as stolen. The Nissan was subsequently recovered on April 19, 2017, when a juvenile friend of Mr. Negron was arrested after being found in possession of the car. The Subaru was actively listed as a stolen vehicle from April 12, 2017, until it was recovered at the scene of the shooting on May 9, 2017.

As part of their investigation of this matter, WDMCS detectives secured a Search and Seizure warrant for a Facebook account associated with Mr. Negron. An analysis of this material revealed that within twenty-four hours of the Subaru’s theft, Mr. Negron’s Facebook account received a photograph from a Facebook “Friend” of a key that was identified by the owner as appearing to belong to the stolen Subaru. A further analysis of Mr. Negron’s Facebook account revealed that in conversations with his “Facebook Friends” between April 18, 2017, and April 25, 2017, Mr. Negron discussed trading a Nissan for a Subaru. On May 3, 2017, Mr. Negron sent several pictures to a Facebook Friend of what appears to be the shifter portion of the same Subaru that he was operating just prior to his death. On May 4, 2017, Mr. Negron had a Facebook Messenger conversation with a known associate regarding their mutual friends being arrested for driving a stolen Maserati. During this exchange, Mr. Negron asked his friend if he has any “whips” which is a commonly used term for stolen cars. When his friend told him that he has stopped stealing, Mr. Negron responded by stating, “one more mission.” WDMCS detectives also obtained a Search and Seizure warrant to examine Mr. Negron’s cell phone. This analysis revealed that on May 5, 2017, Mr. Negron sent a text message to a friend stating, “I was behind u inda subi,” which appears to make reference to the Subaru. On May 8, 2017, at approximately 2330 hours, a License Plate Reader (LPR) located the Subaru on Magnolia Street approximately 327 feet east of Mr. Negron’s residence.

Thus, the Subaru being operated by Jayson Negron on May 9, 2017, had been reported stolen out of Shelton on April 12, 2017, and it appears that Mr. Negron had been in possession of this car for a period of time. It has also been established that this vehicle had been entered into the NCIC/COLLECT system on April 12, 2017, and was still listed as an active stolen vehicle on May 9, 2017, when Detective Borrico called in the plate number just prior to the shooting. [Refer to: Shelton PD Stolen Vehicle Report , Stratford PD Stolen Vehicle Recovery .]

IX. CONCERNS REGARDING THE INVESTIGATORY PROCESS

There has been considerable concern expressed regarding the length of time taken to complete this investigation. According to our law and practice, since this case involved an officer-involved shooting that resulted in a death, the matter was referred to the Waterbury State’s Attorney’s Office on the evening of the incident and the WDMCS was assigned to conduct this investigation. Since the date of the incident, May 9, 2017, until the date when the investigatory file was delivered to the Office of the Waterbury State’s Attorney on December 4, 2017, Detective John Kimball has been working on a full time basis on this matter. Detective Kimball has not worked alone on the case. Rather, he has been assisted when needed by other detectives and members of the CSP. The commitment of the WDMCS in conducting this investigation in a timely and thorough manner is especially apparent since there are currently only four detectives assigned to that office, and yet, Detective Kimball has been assigned to work full time on this matter. While the Office of the Waterbury State’s Attorney was not in possession of the entire file until December 4, 2017, it should also be noted that the WDMCS and in particular Detective Kimball, has been in constant contact with this office since the date of the incident.

Some have called for findings to be issued on this matter prior to the completion of the investigation. Certainly Mr. Negron’s family and the public, have a legitimate and understandable right to expect this matter to be handled in an expeditious manner. However, the family and public also rightfully expect that this case be treated with the seriousness that it deserves, and that the conduct of the officer and the facts surrounding the incident be investigated exhaustively and thoroughly. To do otherwise, and reach a hasty, and perhaps incorrect decision, would only erode public confidence in the handling of these matters.

There has also been concern expressed about the length of time that it took law enforcement to process the scene of the shooting. In particular, some were outraged that Mr. Negron’s body was left lying in the street and visible to bystanders for a prolonged period of time. It is apparent that whenever a police officer utilizes deadly force that results in the death of another, it is highly preferable to have the matter investigated by an outside law enforcement agency and State’s Attorney’s Office. Recognizing this, our legislature has enacted this policy into law in order to increase public confidence in any result reached, and to insure that these matter are handled fairly and impartially. However, calling in an outside agency to process the scene and handle the investigation obviously increases the arrival time of the responders since they are traveling outside of their jurisdiction. This means that response times will be greater in these cases. It is vitally important that a scene remain undisturbed so that a re-creation can be done at a later date. To move items around and remove evidence before it has been documented could severely impact and hamper any possible criminal prosecution undertaken in the future. Processing a scene is a painstaking process that often requires a lengthy period of time.

This is not to say individuals should be left lying in the street for hours visible to anyone who happens to be passing by. While it is essential to preserve the scene, it is also vitally important to respect the dignity of a decedent and respect the feelings of the family and the community. Recognizing this, Sergeant Sean Lynch of the Bridgeport Police Department shortly after his arrival moved the police line from Fairfield Avenue to the Walgreens parking lot in order to better shield Mr. Negron from public view. Barriers were ultimately obtained and used to further block the public’s view and are apparent in later pictures. Such screens and other draping materials should be routinely utilized by local law enforcement agencies. Indeed, after this case brought this problem to light, many agencies including the Bridgeport Police Department and the CSP obtained such necessary blocking devices to screen deceased individuals. In this manner, the integrity of the scene can be preserved while maintaining the dignity of the deceased and preserving the sensitivities of the community.

Lastly, a video posted online appears to show Mr. Negron alive, lying on the pavement and handcuffed after being shot by Officer Boulay. Numerous postings online have concluded that this video demonstrates that Bridgeport police officers callously failed to call for medical assistance in a timely fashion. In this video, a Bridgeport police officer, believed to be Officer Mark Blackwell, is seen walking up to Mr. Negron and reaching down and touching Mr. Negron on the shoulder. At the onset of the video, Mr. Negron’s head is looking to his right towards the camera, and Officer Blackwell is shown wearing no latex gloves. The camera then pans to the right, away from Mr. Negron. A few seconds later, the camera pans back to show Mr. Negron’s head is now turned to his left facing away from the camera and Officer Blackwell appears to be donning latex gloves.

This video is not time stamped. However, given the circumstances portrayed, it is possible to accurately estimate the time that it was filmed. Officer Blackwell reported that when he arrived Jayson Negron was alive and moaning softly and that he put on gloves to see if he could render assistance. Since Mr. Negron is alive at the time the video was taken, and the first paramedic had not yet arrived on scene, this footage must have been recorded between approximately 1702 hours (the time at which Mr. Negron was taken into custody) and 1710 hours (the arrival time for Paramedic Supervisor Calzone.). [9] (Refer to: Written Statement of Paramedic Supervisor Robert Calzone , Written Statement of Officer Mark Blackwell). It should also be noted it appears that medical assistance was called for within twelve seconds of the report of “shots fired.” Between the time of the shooting and the arrival of the first paramedic approximately eight minutes later, police called for medical assistance no fewer than five times repeatedly asking that such help be expedited. (Source: Bridgeport recording CH1, Statements of Bridgeport Police officers).

X. CASE LAW

Connecticut General Statutes Section 53a-22(c) provides as follows:

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

Pursuant to Connecticut General Statute Section 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).

XI. FACTUAL ANALYSIS

The conclusion reached in this report has been based upon the totality of the investigation and the law. In any investigation, and this case is no exception, there will be factual discrepancies. Often times, witnesses differ as to what has transpired, especially in a chaotic and fast moving scene. Accident reconstruction has proven especially challenging in this instance given the number of different collisions caused by Mr. Negron, and the fact that several of the cars had been moved prior to securing the scene by law enforcement officials.

Officer James Boulay has stated that he was in fear of being dragged under the Subaru being operated by Jayson Negron and discharged his weapon only after he had been struck by the vehicle and believed that he was about to be subjected to serious bodily harm. However, while there are differences among the witnesses, there are many factors that clearly support Officer Boulay’s statement. Several witnesses including Detective Borrico, Civilian Witness #1, Civilian Witness #6, and the passenger in the Subaru, attest to Officer Boulay’s claim that he had been struck by the stolen car before he fired the fatal shots. Also supporting his statement is the fact that the hinge on the driver’s side door of the Subaru was sprung with such force that it actually caused the door to bend backwards at a 134-degree angle. This damage could only have occurred when the door was in an open position. The door was only in this position after Officer Boulay had opened it, and he had become trapped in the small area between the surrounding cars and the open door which would have presented a grave threat to his safety. Officer Boulay’s injuries, particularly the gash to his shin, the rip to his uniform pants, and the presence of paint chips belonging to the Subaru on the leg of his uniform also gives credence to his version of events. Additionally, scuff marks on the interior of the driver’s side door of the Subaru are consistent with scuffmarks on the bumper, rear corner, and driver’s door of the Honda Accord further confirming that the Subaru had hit the Honda with Officer Boulay dangerously trapped inside the small area next to the door. Civilian Witness #1 and Detective Borrico also confirm Boulay’s statement that he was trapped between the vehicles and losing his footing immediately before he fired the fatal shots.

A review of the evidence amassed in this investigation reveals the following: On May 9, 2017, Jayson Negron was operating a stolen motor vehicle. He refused to stop when signaled by a marked City of Bridgeport Police cruiser. In attempting to elude the officers, Mr. Negron operated the Subaru in a dangerous manner, driving down a one-way street in the wrong direction and repeatedly striking other vehicles. When Mr. Negron’s vehicle appeared trapped by the other cars in the area, Officer James Boulay, in full uniform, exited the passenger side door of the cruiser and approached the Subaru. Mr. Negron again accelerated causing Officer Boulay to chase after the car on foot. Once Officer Boulay reached the Subaru, he reported that he fired into the back tire in an effort to disable the vehicle. He then opened the driver’s side door and attempted to grab Mr. Negron and remove him from the vehicle. In spite of repeated instructions to get out of the car, Mr. Negron refused. At this point, Officer Boulay was located between the inside of the open Subaru door and the driver’s side of the Subaru passenger compartment. Mr. Negron then attempted to again flee by shifting the Subaru into reverse and stepping on the gas pedal, causing the vehicle to start moving in reverse. Since Officer Boulay was standing in the area of the open driver’s side door, when Mr. Negron reversed the car, the officer was hit by the open door causing contusions to the left side of his body and a gash to his left shin. At this time, Officer Boulay was trapped inside the small area between the open door and the passenger compartment of the Subaru, the Honda operated by Civilian Witness #1 and the Bridgeport police cruiser. In an effort to maintain his footing and steady himself, Officer Boulay tried to grab onto something inside the Subaru. Still demanding that Mr. Negron get out of the Subaru, Officer Boulay could feel the pressure of the door pulling him, and felt that he was about to lose his footing and be dragged under the Subaru. It was at this time, and for this reason, that it appears that the fatal shots were fired.

In examining the use of force in this instance under Connecticut General Statute Section 53a-22, a determination must be made if the officer’s use of deadly force was both subjectively and objectively reasonable under the circumstances of the case known to the officer at the time of the use of deadly force. In this case, before the fatal shots were fired, Mr. Negron was operating a stolen motor vehicle in a highly reckless and dangerous manner in a congested and densely populated area. He had already struck several cars and was driving down a one-way street in the wrong direction on a busy roadway. He had struck Officer Boulay with the car door injuring him. He was also driving the car in reverse with the officer trapped in the small area next to the door as the officer struggled to maintain his footing. It was at this point that the officer decided to shoot Mr. Negron. All of these factors which occurred prior to the shooting, demonstrate that the officer was reasonable in assuming that Mr. Negron was willing to jeopardize the safety of the officer and of other civilians in order to elude capture. The officer’s belief that he was about to be dragged under the car, and hence subject to serious bodily harm, was both subjectively and objectively reasonable under these circumstances. This use of deadly force in this case was appropriate under Connecticut law.

XII. CONCLUSION

Jayson Negron died tragically on May 9, 2017, after being shot by Officer James Boulay. However, in light of the foregoing, Officer James Boulay reasonably believed that the use of deadly force was necessary to defend himself from the use of deadly force – that being the Subaru operated by Jayson Negron. In so doing, Officer Boulay acted in conformance with Connecticut General Statute 53a-22. Although not dealt with in detail in this report, I have reviewed the conduct of all officers present and have found that the use of force, if any, by each of them was appropriate and in accordance with our law.

The Division of Criminal Justice will, therefore, take no further action with respect to the use of force in this case.

RESPECTFULLY SUBMITTED,

Maureen T. Platt, State’s Attorney
Judicial District of Waterbury
400 Grand Street
Waterbury, CT 06702

FOOTNOTES

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[1] In compiling this report, this office has received invaluable assistance from the Connecticut State Police Western District Major Crime Squad and the Office of the Chief Medical Examiner. The undersigned wishes to acknowledge the cooperation of the Bridgeport Police Department. In particular, Western District Major Crime Detective John Kimball must be commended for his exhaustive and professional investigation of this matter.

[2] Google Maps, (2017), 1000 Park Avenue, Bridgeport, CT. Retrieved from https://www.google.com/maps/place/1000+Park+Ave,+Bridgeport,+CT+06604/@41.1756761,-73.1987106,268m/data=!3m1!1e3!4m5!3m4!1s0x89e80e6c3c6621db:0xbd9586ba00528b9a!8m2!3d41.1756784!4d-73.1981 . Note also that all markings were independently added to photo to enhance readers’ understanding of location and direction.

[3] id.

[4] id.

[5] id.

[6] id.

[7] The License Plate Reader (LPR) Hit in this case was obtained using a Digital Recovery Network associated with Vigilant Solutions. The system is designed to facilitate the location and recovery of vehicle assets via the use of LPR cameras mounted on a variety of vehicle types, including commercial systems. The LPR Hit for the license plate associated with the stolen Subaru (CT Passenger Plate: (REDACTED) includes a notation the information was obtaining using a Commercial System, the name of which was not specified. In this case, the LPR would likely have been affixed to a commercial vehicle (e.g., tow truck) rather than a Bridgeport Police vehicle. Therefore, Bridgeport Police would have received no notification of the LPR Hit on May 8, 2017 at 2333 hours. The vehicle location data resided in the National Vehicle Location System database until actively queried on May 16, 2017 by the Connecticut Intelligence Center (CTIC) pursuant to this case.

[8] An A-pillar has been described as either one of two posts that connect the windshield to the roof of the vehicle. https://en.wikipedia.org/wiki/Pillar_(car)

[9] Although Supervisory Paramedic Robert Calzone’s statement indicates that he pronounced Mr. Negron deceased at 1712, the AMR records indicate the time was 1715.