REPORT OF THE STATE’S ATTORNEY FOR THE JUDICIAL DISTRICT OF TOLLAND CONCERNING THE USE OF DEADLY PHYSICAL FORCE RESULTING IN THE DEATH OF JOSE ENRIQUE SOTO ON APRIL 2, 2020
TABLE OF CONTENTS
I. INTRODUCTION
II. FACTUAL FINDINGS
A. Initial Law Enforcement Reports
1. Board of Pardons and Parole
2. Manchester Police Department
C. CREST
2.CREST Crisis Negotiator Team
3.Manchester Police Department
5.CREST Training/Discipline Records
D. Evidence/Forensic Laboratory Results
E. Office of the Chief Medical Examiner Reports
F. Video
2. Jose Soto’s Cell Phone Extraction
III. LAW REGARDING USE OF DEADLY FORCE BY POLICE OFFICER
V. APPENDIX
A. CONNECTICUT GENERAL STATUTES § 51-277a
B. CONNECTICUT GENERAL STATUTES § 53a-22
C. VIDEO EVIDENCE
5. Officer Rago dashboard camera
E. LAW ENFORCEMENT REPORTS
1. Manchester February 27, 2020
2. Manchester Latent Print Exam
4. West Hartford October 28, 2019
6. Krom Report
11. Bycholski Report
12. Conley Statement
13. Connolly Report
14. Desso Report
15. DiLoreto Report
16. Fullana Report
17. Guadino Report
18. Hearn Report
19. Hilchuk Report
20. Levesque Report
21. McNeice Report
22. Monge Report
24. Parole Officers Interview Report
25. Rago Report
27. Trudeau Report
29. Yott Report
F. CIVILIAN WITNESS STATEMENTS
1. Barber
2. C Hanson
3. Vazquez
4. D Hanson
5. Diaz
6. Soto
7. Neals
G. CONNECTICUT FORENSIC LABORATORY REPORTS
H. OFFICE OF CHIEF MEDICAL EXAMINER REPORT
J. ANALYSIS UNDER PUBLIC ACT 20-1§29
The following is a report concerning the tragic death of Jose Enrique Soto on April 2, 2020.
-Special Assignments such as executive protection; and
A. Initial Responding Law Enforcement Report
1. Board of Pardons and Parole
a. Parole Officer John Lindgren
b. Parole Officer Frank Vieira
2. Initial Manchester Police Department Personnel
a. Officer Timothy Rago/Manchester Police Department
b. Sergeant Adam Desso/Manchester Police Department
c. Officer Cory Fullana/Manchester Police Department
d. Sergeant Justin Gaudino/Manchester Police Department
181 Oak Street, Manchester, CT
181 Oak Street, Manchester, CT
26 Knighton Street, Manchester, CT
26 Knighton Street, Manchester, CT
190 Oak Street, Manchester, CT
184 Oak Street, Manchester, CT
190 Pine Street, Manchester, CT
C. Capital Region Emergency Services Team (CREST)
-Special Assignments such as executive protection; and
2. CREST Crisis Negotiator Team Reports
a. Sergeant David McNeice/East Windsor Police Department
b. Officer Jaime Yott/Enfield Police Department
c. Lead Crisis Negotiator Detective Claire Hearn/Manchester Police Department
Det. Claire Hearn provided the following sworn report in relation to her actions on 04/02/2020:
3. Manchester Police Department
b. Officer Cory Fullana/Manchester Police Department
c. Sergeant Justin Gaudino/Manchester Police Department
a. Lt. Glenn Buonanducci/South Windsor Police Department
b. Lt. Michael Connolly/Wethersfield Police Department
c. Officer Justin Holchuk/Wethersfield Police Department
d. Officer Joel DiLoreto/Wethersfield Police Department
e. Officer Ryan Bycholski/Manchester Police Department
f. Officer Timothy Levesque/Manchester Police Department
g. Officer Michael Williams/Manchester Police Department
h. Officer Jason Trudeau/Glastonbury Police Department
i. Sergeant Richard Monge/Manchester Police Department
j. Paramedic Jeffrey Rasmussen/Ambulance Service of Manchester
k. Paramedic Jason Bak/Ambulance Service of Manchester
l. Paramedic Stephen Conley/Ambulance Service of Manchester
m. Officer Matthew Alexander/Enfield Police Department
Off. Matthew Alexander provided the following report in relation to his actions on 04/02/2020:
n. Sergeant Shawn Krom/Manchester Police Department
Sgt. Shawn Krom provided the following report in relation to his actions on 04/02/2020:
o. Officer David Williams/Manchester Police Department
Off. David Williams provided the following report in relation to his actions on 04/02/2020:
p. Officer Shane Murphy/Wethersfield Police Department
Off. Shane Murphy provided the following report in relation to his actions on 04/02/2020:
5. Training/Discipline Records
a. Detective Claire Hearn/Manchester Police Department
b. Officer Matthew Alexander/Enfield Police Department
c. Sergeant Shawn Krom/Manchester Police Department
d. Officer David Williams/Manchester Police Department
e. Officer Shane Murphy/Wethersfield Police Department
Officer Murphy has received a Medal of Merit Award from the Wethersfield Police Department.
D. Evidence/Forensic Laboratory Examination
The following items of evidence were seized as part of this investigation:
Exhibit #0004 – One (1) piece of black cotton t-shirt with surgical cuts
Exhibit #0005 – One (1) expended .223 caliber casing
Exhibit #0006 – One (1) expended .223 caliber casing
Exhibit #0007 – One (1) expended .223 caliber casing
Exhibit #0008 – One (1) expended .223 caliber casing
Exhibit #0009 – One (1) expended .223 caliber casing
Exhibit #00010 –One (1) expended .308 caliber casing
Exhibit #00011 – One (1) expended .223 caliber casing
Exhibit #00012 – One (1) expended .223 caliber casing
Exhibit #00013 – One (1) expended .223 caliber casing
Exhibit #00014 – One (1) expended.223 caliber casing
Exhibit #00015 – One (1) expended.223 caliber casing
Exhibit #00016 – White fleece slipper with black stripes
Exhibit #00017 – White fleece slipper with black stripes
Exhibit #00019 – One (1) Samsung tablet, s/n R52K409PD4J
Exhibit #00020 – One (1) Samsung cellphone in black/pink case
Exhibit #00021 – One (1) Samsung S9, model SM-960U, IMEI 356417093396469
Exhibit #00022 – One (1) Samsung S9, model SM-G960U, IMEI 356417093395339
Exhibit #00023 – One (1) LG smartphone, color black
Exhibit #00024 – Piece of wood sheathing with lead residue
Exhibit #00025 – One (1) piece of fragmented projectile
Exhibit #00026 – One (1) piece of fragmented projectile
Exhibit #00027 – One (1) lead projectile
Exhibit #00028 – One (1) piece of fragmented projectile
Exhibit #00029 – One (1) piece of fragmented projectile
Exhibit #00030 – One (1) piece of copper jacketing
Exhibit #00031 – One (1) piece of fragmented projectile
Exhibit #00032 – One (1) ZTE Model N9518, s/n 324565684215
Exhibit #00045 – One (1) unknown metallic object from Officer Krom’s clothing
Exhibit #00046 – One (1) Tru-Spec tactical jacket, color green, size large regular
Exhibit #00048 – One pair of 5-11 Tactical pants, color green, size 34X34
Exhibit #00049 – One pair of Garmont E3 tactical boots, color sand brown, unknown size
Exhibit #00054 – One (1) pair of camouflage 5-11 tactical pants with black belt, size 40X32
Exhibit #00056 – One pair of Merrell tactical boots, color sand brown, size 12
Exhibit #00059 – Cabela’s rain suit, color green, large regular pants and large tall jacket
Exhibit #00063 – One (1) tactical ballistic helmet, color green with earphones and flashlight
Exhibit #00064 – One pair of Salomon Cross5 GTX shoes, color black, size 9.5
Exhibit #00068 – One (1) UF/PRO full zip tactical jacket, size XL with CREST patches on sleeves
Exhibit #00070 – One (1) tactical ballistic helmet, color green, with earphones
Exhibit #00071 – One pair of Salomon boots, color green, size 11
Exhibit #00074 – One pair of AGCotton sweatpants, color gray, size XL; with BLS and surgical cuts
Exhibit #00076 – One pair of white mesh basketball shorts, no tags; with BLS
Exhibit #00077 – One pair of Layer 8 sweatpants, color black, size medium; with surgical cuts
Exhibit #00078 – One pair of black crew socks
E. Office of the Chief Medical Examiner
The neighborhood canvass and interviews uncovered two (2) videos.
There is a tree blocking a partial view of where the incident takes place.
4. Officer Rago’s Dashboard Camera Video
21:17:28 – first movement of individuals/officers approaching the residence.
21:18:12 – movement seen of individuals/officers exiting the residence’s premises.
See Appendix C for Video Evidence
Based on the timeline of this incident 27 calls on 04/02/20 were deemed pertinent:
19:38:17 – incoming/rejected call from 787-565-6333 (Voice Mail)
19:39:06 – incoming call from 787-565-6333 (duration 00:02:19)
19:41:41 – outgoing call to 860-xxx-0252 (duration 00:01:03)
19:47:45 – outgoing call to 860-xxx-6115 (duration 00:00:00)
19:48:40 – outgoing call to 860-xxx-6115 (duration 00:00:00)
19:48:49 – outgoing call to 860-xxx-6115 (duration 00:00:00)
19:50:06 – outgoing call to 787-565-6333 (duration 00:00:02)
19:51:18 – outgoing call to 787-565-6333 (duration 00:01:34)
19:51:22 – incoming call from 787-565-6333 (duration 00:03:00)
19:54:51 – outgoing call to 860-xxx-6115 (duration 00:00:00)
20:00:47 – incoming call from 787-565-6333 (duration 00:14:35)
20:15:35 – outgoing call to 787-565-6333 (duration 00:00:04)
20:15:52 – outgoing call to 787-565-6333 (duration 00:00:00)
20:17:22 – outgoing call to 787-565-6333 (duration 00:00:02)
20:17:53 – outgoing call to 787-565-6333 (duration 00:00:01)
20:18:18 – outgoing call to 787-565-6333 (duration 00:00:01)
20:18:46 – outgoing call to 787-565-6333 (duration 00:00:02)
20:19:23 – outgoing call to 787-565-6333 (duration 00:00:01)
20:19:39 – outgoing call to 787-565-6333 (duration 00:00:01)
20:20:27 – outgoing call to 787-565-6333 (duration 00:00:03)
20:21:01 – incoming call from 787-565-6333 (duration 00:05:53)
20:28:09 – incoming call from 860-xxx-0252 (duration 00:00:04)
20:28:20 – incoming/rejected call from 860-xxx-0252
20:28:28 – incoming/rejected call from 860-xxx-0252
20:28:56 – incoming call from 787-565-6333 (duration 00:05:54)
20:40:08 – incoming call from 787-565-6333 (duration 00:01:31)
21:24:50 – incoming/missed call from 860-xxx-0252
Based on the timeline of this incident 25 calls on 04/02/20 were deemed pertinent:
19:39:50 – outgoing call to 860-xxx-3166 (duration 00:00:40) VM Ms. Hansen
19:40:44 – outgoing call to 860-xxx-3166 (duration 00:02:24) Ms. Hansen
19:43:15 – outgoing call to 860-xxx-9502 (duration 00:00:00)
19:52:58 – outgoing call to 860-xxx-3166 (duration 00:03:01) Ms. Hansen
19:56:11 – outgoing call to 203-xxx-9702 (duration 00:01:10)
19:57:28 – outgoing call to 860-xxx-9502 – “Domskii” in contacts (duration 00:00:56)
19:58:38 – outgoing call to 860-xxx-1458 – “My Guy” in contacts (duration 00:00:57)
19:59:58 – outgoing call to 860-xxx-1576 – “John” in contacts (duration 00:00:42)
20:02:24 -outgoing call to 860-xxx-3166 (duration 00:14:38) Det. Hearn
20:22:07 -outgoing call to 860-xxx-3166 (duration 00:00:05) Det. Hearn
20:22:38 -outgoing call to 860-xxx-3166 (duration 00:05:58) Det. Hearn
20:30:31 -outgoing call to 860-xxx-3166 (duration 00:05:58) Det. Hearn
20:36:51 -outgoing call to 203-xxx-9702 (duration 00:00:40) Det. Hearn
20:41:47 -outgoing call to 860-xxx3166 (duration 00:01:48) Det. Hearn
20:46:21 -incoming call from 860-841-8057 (duration 00:04:34) Det. Hearn
20:51:46 -incoming call from 860-841-8057 (duration 00:02:17) Det. Hearn
20:55:31 -incoming call from 860-841-8057 (duration 00:01:49) Det. Hearn
20:58:00 -incoming call from 860-841-8057 (duration 00:00:00) Det. Hearn
20:58:29 -incoming call from 860-841-8057 (duration 00:03:17) Det. Hearn
21:02:59 -incoming call from 860-841-8057 (duration 00:00:00) Det. Hearn
21:03:26 -incoming call from 860-841-8057 (duration 00:01:27) Det. Hearn
21:05:58 - incoming call from 860-841-8057 (duration 00:03:23) Det. Hearn
21:10:20 -outgoing call to 860-841-8057 (duration 00:00:21) Det. Hearn
21:10:48 -outgoing call to 860-841-8057 (duration 00:00:17) Det. Hearn
21:11:22 -outgoing call to 860-841-8057 (duration 00:02:03) Det. Hearn
Message #: 9250454 09/09/2019 11:43
Date Supervision Started: 09/09/2019
Date Supervision Ends: 07/20/2021
File 17 - Supervised Person Modify
Message #: 9257935 09/16/2019 15:08
Miscellaneous Information: "Escaped from HWH. Do not release. Absconded from HWH. Contact PO
immediately via 24hr answering service..."
Message #: 9284023 10/10/2019 17:07
Original Statute violation: C.G.S. 53a-134 - Robbery in the 1st Degree
Current violation: C.G.S. 54-125e - Parole Absconder
TIMELINE OF SIGNIFICANT EVENTS OF THE INVESTIGATION
04/02/20 Officer Involved Shooting, 181 Oak Street, Manchester
04/02/20 Search and Seizure Warrant for 181 Oak Street, Manchester
04/02/20 Witness Interviews begin, continue through 08/26/20
04/03/20 OCME Post-Mortem Exam
04/10/20 Search and Seizure Warrant for Facebook
04/16/20 Telephone Meeting with Mr. Soto’s Family
04/16/20 Zoom Meeting with AABAC
04/21/20 OCME Toxicology Report
04/23/20 Zoom Meeting with portion Manchester Board of Directors
04/23/20 Zoom Meeting with portion Manchester Board of Directors
04/23/20 Zoom Meeting with portion Manchester Board of Directors
04/29/20 Telephone Meeting with Mr. Soto’s Family
05/01/20 Firearms and Casings Delivered to Forensic Lab
05/06/20 Zoom Meeting with MLAC
05/28/20 OCME Post-Mortem Report
06/04/20 Forensic Lab Report Re: Firearms/Casings
06/04/20 Meeting with State of Connecticut Representative for Manchester
06/10/20 Zoom Meeting with AABAC
06/26/20 Cell Phone Download Analyzed
06/30/20 Facebook Response; Video Deleted, Therefore No Enhancement
07/10/20 Telephone Meeting with Mr. Soto’s Family
07/20/20 First Reports Delivered from CSP, continue through 09/03/20
07/30/20 Interview with Select CREST Personnel
08/24/20 Cell Phone Download Analyzed
08/26/20 Last Witness Interview
09/29/20 Last Information Received from the Three Police Departments
10/07/20 Tolland State's Attorney's Report submitted to the Office of the Chief State's Attorney
III. LAW REGARDING DEADLY FORCE BY POLICE OFFICERS
Connecticut General Statutes § 53a-22(c) provides:
Connecticut General Statutes § 53a-22(b) provides:
The United States Supreme Court explained this test in detail in a civil rights action.
Accordingly, the Division of Criminal Justice will take no further action.
/s/
__________________
Matthew C. Gedansky
State’s Attorney,
Judicial District of Tolland