Probable Assault Crime Cited For Search

by Thomas Breen | Apr 25, 2019 5:29 pm

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Posted to: Legal Writes, Newhallville

State detectives established probable cause for searching for evidence of first-degree assault in a case where a Hamden police officer and a Yale police officer shot at two unarmed people in Newhallville, according to a search warrant application. That warrant application was filed in New Haven Superior Court on April 22 by state Dets. Christopher Meier and Kevin Duggan, both of the state police’s Central District Major Crime Squad (CDMCS). Superior Court Judge Patrick Clifford signed the warrant; detectives then executed the car search,\ later that same day. In the warrant application, Meier and Duggan requested permission to search the red Honda Civic that Stephanie Washington and Paul Witherspoon were in at the intersection of Argyle Street and Dixwell Avenue on April 16 just before 4:30 a.m., when they were shot at 16 times by Hamden Officer Devin Eaton and Yale Officer Terrance Pollock. Washington was hit by at least one bullet, and was transported to the hospital for surgery, while Witherspoon was not hit by any bullets. The detectives wrote in the warrant application that they wanted to search the shot-up car because they believed the car contains evidence of a crime of assault in the first degree. After completing the search, the detectives found four collections of bullet fragments, four bullet projectiles, an iPhone with a gold case, Stephanie Washington’s drivers license and bank cards, a Crafstman folding knife, $22 in cash, and Paul Witherspoon’s state identification card. The officers also found that the Honda Civic is registered to Stephanie Washington. The narrative of events includes in the application reveals a host of new information about the officer-involved shooting, which has driven hundreds of angry and grieving protesters into the streets for days and days of rallies and demonstrations, (successfully) calling on the state police commissioner to publicly release Eaton’s body camera footage, surveillance camera footage, and audio recordings of the 9-1-1 call and dispatch calls. Some of the previously unreported details in the warrant application include: • A summary of Witherspoon’s interrogation by Hamden police officers immediately after the shooting. Witherspoon told the officers that Eaton had called out to him to get out of the car. When Witherspoon opened the driver side door because the window wasn’t working, he said, “he looked to his rear and saw the police officer standing there with the barrel of his gun pointed right at him; the police officer then opened fire at him.” Witherspoon then dived back into the car, landing on the emergency brake. • The Honda Civic is registered to Washington. (Witherspoon was driving the car at the time of the encounter; Washington was in the passenger seat.) • A summary of state detectives’ interview with the newspaper delivery man whom Witherspoon allegedly attempted to rob outside a gas station in Hamden. That delivery man said that Witherspoon repeatedly asked him, “Do you have anything for me?” Then grabbed newspapers from his hands, rummaged through the delivery man’s pockets, and followed the delivery man to the latter’s car. The delivery man at no point told the detectives that Witherspoon had or simulated having a gun, contrary to what the gas station mini-mart clerk sadi in his initial 911 call. In a subsequent interview with detectives, the clerk later said that Witherspoon did not have a gun, which is what he told the Independent during a brief interview later that week. Timeline Of Events The warrant application begins by noting that New Haven State’s Attorney Pat Griffin called the Connecticut State Police Central District Major Crime Squad (CDMCS) at 5:16 a.m. on April 16, requesting that the state investigate a police shooting involving Eaton and Pollock at the intersection of Argyle and Dixwell in New Haven. “At this point in the investigation,” Meier and Duggan wrote on April 22, “CDMCS investigators have determined the following series of events”: • At 4:20, Hamden Police Department dispatch personnel received an emergency 9-1-1- call from the clerk at the Go On Gas Station/White Stone Mini-Mart at 144 Arch St. in Hamden.. The clerk reported that an African American male customer with dreads, driving a red car with license plate AK63322, and having a female passenged, “pulled a gun outside of the gas station on the person who delivers the newspapers and asked him for money.” The detectives write that the alleged robber also harassed a second customer, too. • Two Hamden police officers were dispatched to a “Signal 27” at the gas station, “with possible 128 used.” A Signal 27 in Hamden Police Department Radio Signals refers to a street robbery. A Signal 128 refers to a firearm involved. • At 4:24, Hamden Police Department dispatch personnel notified the New Haven Police Department via the ‘Hotline’ that they “just had a street robbery happen in our town, was heading in your direction on Dixwell Avenue, with a gun used in a street robbery…” • Immediately thereafter, New Haven Police dispatch personnel notified city officers via radio, which is also heard by Yale officers. • At approximately 4:27, Yale University Police dispatch personnel notified their officers via radio of the information provided by NHPD. • At around the same time, Hamden Officer Eaton was driving a marked Hamden Police SUV south on Dixwell Avenue, looking for the red Honda Civic. “As he passed Argyle Street in New Haven, he observed a two-door, red Honda Civic pulled partially into (front end in) a driveway on Argyle Street,” the detectives wrote. “Officer Eaton turned around on Dixwell Avenue and then turned right on Argyle Street.” Video surveillance obtained from the Believe-In-Me Empowerment Corp., located at the corner of Dixwell and Argyle, captured the incident, showing Pollock pull onto Argyle Street just behind Eaton. The warrant does not explain when Pollock arrived on Dixwell, or why he was parked at the corner of Dixwell and Argyle when Eaton drove by. “Officer Eaton pulled towards the drive side rear of the Honda,” the detectives wrote, “stopped his cruiser, then opened the door of his cruiser and drew his handgun. The driver’s door of the Honda opened and moments later Officer Eaton discharged his weapon in the director of the driver/Honda. He moved around the back of the Honda to the passenger side where he continued to fire his weapon. As Officer Eaton was firing his weapon, Officer Pollock exited his cruiser, which was directly in front of the Honda, and began firing his weapon. Officer Pollock did not put his transmission in park and his cruiser rolled into the front end of the Honda. Additional officers arrived on scene approximately 1 minute later and removed both parties from the Honda.” The search warrant affidavit notes that Washington, who was sitting in the front passenger seat and to whom the Honda Civic is registered, was struck by gunfire, and transported to Yale New Haven Hospital, where she underwent surgery for a “non-life threatening injury.” It also notes that Witherspoon, who was driving the Honda Civic, was not injured in the incident, and was taken into custody and placed in the back seat of a Hamden Police cruiser. “No weapon/firearm was found on Witherspoon’s person,” the detectives wrote. The warrant then notes that Hamden officers transported the Go On gas station clerk to the scene of the shooting, “where he positively identified Witherspoon as the individual involved in the incident with the newspaper delivery person.” The clerk also identified the Honda that Withespoon was operating. Witherspoon Interrogated Witherspoon was then taken to the Hamden Police Department headquarters, where he was interviewed by state police investigators. He told the detectives that he had been “involved in an altercation with a newspaper delivery man at the gas station but denied ever showing a gun, implying that he had a gun, or that he was in possession of a gun. “Regarding the police shooting, Witherspoon stated that he saw two police cars driving at him from Dixwell Avenue onto Argyle Street. That one of the police cars pulled along the driver side rear of his car and the other police struck the front of his car and stopped. He stated that he didn’t know what was happening, but the police officer that stopped beside his car, got out of his vehicle and ordered him (Witherspoon) to get out of his car. He believed the officer told him to show his hands but because his window doesn’t open, he pushed open the door with his left arm and then reached out the door with both arms and hands extended. “He said he then swung both legs out of the door and attempted to stand up to get out of the car. He stated that he never reached for anything nor did he have anything in his hands. Witherspoon related that as he was getting out of the car, he looked to his rear and saw the police officer standing there with the barrel of his gun pointed straight at him; the police officer then opened fire at him. He then jumped back into his car by leaning backwards onto the emergency parking brake. He stated that there were bullets coming into his car from the rear and from the front.” Newspaper Deliveryman Interviewed The state detectives also wrote that they were able to identify and interview the person delivering the newspapers to the Go On Gas Station. The delivery man “explained that while delivering the newspapers at the mini mart, he was approached by a black male with dreadlocks who was staring at him while he was handing the newspapers to the store clerk.” He said Witherspoon repeatedly asked him, “Do you have anything for me?” After the delivery man told him that he didn’t have anything for him, Witherspoon grabbed the newspapers that the delivery man was handing to the clerk. Witherspoon “didn’t let go of them until the store clerk yelled at him,” the detectives wrote. He then grabbed the delivery man’s sweater pocket and felt the contents. The delivery man rushed to his car and locked the door. Witherspoon walked to the back of the car and tapped on the trunk. The delivery man then drove way. “He told investigators that he was 100 percent sure that [Witherspoon] was trying to rob him,” the detectives wrote. The delivery man also showed the detectives text messages he had sent to his bosses. One text message from 4:25 a.m. stated, “Some guy really just tried to rob me at the whitestone gas station.” The second text message from 9:53 a.m. stated, “Lastnight someone tried to rob me at the whitestone gas station.” State investigators then followed up with the gas station clerk who initially called 9-1-1 about the attempted robbery. “When asked, he stated that he never saw the suspect (Witherspoon) with a firearm,” the detectives wrote. “That investigators later reviewed the recorded 9-1-1 call to Hamden PD and where [the clerk] stated, ‘he pulled a gun on the guy who delivered the paper here…” “That based upon the facts and circumstances described above,” the warrant application concludes, “the Affiants [the state detectives] have probable [cause] to believe that evidence of the crime of Assault in the First Degree…will be found within the 1999 Honda Civic, 2-door sedar, color red, bearing Connecticut registration AK63322 and CIN #1HGEJ6220XL071620, and registered to Stephanie Washington.” New Questions Meanwhile, the state police’s release this week of videos and audio recordings have raised new questions about this case (not to mention a raft of wild rumors). The questions center on apparent violations of department policies based on the information released: • Officers are supposed to report that they have entered another city’s jurisdiction. There is no record of Officer Eaton doing that when he drove into New Haven. • When an officer spots a car being sought in connection with an alleged violent crime, the officer is supposed to radio that information in. Neither Officer Eaton nor Officer Pollock did that. • Officers are supposed to activate their overhead lights during these stops. Neither officer did that. Activating the overhead lights would have activated the police cruiser’s dash cam as well. • Neither officer activated a body camera before approaching the car or shooting. They are supposed to do that. (Officer Eaton did activate his camera after shooting, and investigators were later able to recapture shooting footage as a result because of a feature on the device.) Officials say the state police investigation could take months — meaning these questions may remain unanswered for a while. • Hamden Cop Shoots Woman In Newhallville

• Cop Video Released; Hamden Never Told New Haven It Was Crossing The Border

• Protesters Storm PD Seeking Answers In Officer-Involved Shooting; Officials Mum

• Cop Who Shot Was Trained In New Haven

• Shot-At Man Plans To File Suit; Clerk Describes Original Complaint

• Outrage Over Shooting Shuts Down Streets

• Elicker: Remove Griffin From Shooting Probe

• Post-Shooting, Focus On Suburban Cops

• Griffin Obtains Search Warrant For Shot-Up Honda; Harp Stands By Griffin

• Top Yale Cops Seek To Rebuild Trust

• Public Seeks Independent Probe

• Farmer Backs Independent Investigation

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posted by: JohnDVelleca on April 25, 2019 7:46pm Wait…..Wait….Wait a minute. This headline is misleading. The search warrant requires a showing of probable cause to SEARCH, not to ARREST. The bar for probable cause is the same, i.e. facts and circumstances that would lead a reasonable person to believe a crime has been committed, but the EXACT crime that has occurred (or if a crime has even been committed) has yet to be determined. That’s why we investigate. The listing of the highest level of crime possible, in the case Assault - First Degree, is routine. It allows the search to be expansive, but in certain situations is not indicative of a forthcoming charge. For example, I can recall many times I have listed Murder as the crime in the search warrant, but only developed enough evidence through the investigation to charge with Manslaughter. Further, let’s say hypothetically there was a gun found in the car, that would change the situation entirely. Last week, Paul, Reverend Kimber and I had an on-air discussion regarding the release of evidence by the States Attorney (Pat Griffin) in this case. We primarily agreed, but there was a sentiment expressed by some of us (the white guy in the room who was not me) that information is being unjustly withheld in this case without good reason. Let’s remember that this search warrant could have been sealed, but it was released by the SA instead. If Pat Griffin is acting in good faith, then we need to as well. In other words, if you’re getting information that you’re requesting, be responsible with it please. Common sense would indicate that an article inferring the cop is getting arrested for Assault in the First Degree is going to cause a massive shit-storm. I could almost hear Pat Griffin’s response when he reads this article as “wtf, this is why I don’t release all these details.” To Tom Breen, a talented young journalist who I like very much, some words from my father: “smarten up kid.” [Thomas Breen: Thank you very much for the comment, John, and for calling us out on the headline! I certainly do not want to spread misinformation through a misleading headline. I’ve just fixed. Thanks again, and keep calling us out when you feel that something isn’t right.]

posted by: narcan on April 25, 2019 7:54pm Am I really supposed to believe that in the less than 2 seconds from Eaton exiting his vehicle and firing his gun: 1) a verbal command was issued for the operator to exit the vehicle with their hands raised

2) said command was recognized by the operator

3) decided to comply with by the operator

4) and acted upon by the operator

5) at which point Eaton decides he wants to try and cause this person serious harm for some criminal reason

6) and implements that in the act of firing his weapon I suppose Witherspoon was just tickling the delivery man, and “You got anything for me?” was a friendly way of encouraging him to giggle. It seems my faith in CSP to remain apolitical was misplaced. IF they found a judge to sign such an arrest warrant, they would never get a conviction to stand.

posted by: thecove on April 25, 2019 8:06pm The crime being investigated must be documented in a search warrant affidavit. “the (vehicle) may contain evidence of the crime of Assault in the First Degree” is common boilerplate search warrant language and is a far cry from “Probable Cause to Arrest Cop”. Once again, your headline is inaccurate NHI. [Thomas Breen: Thank you as well for calling us out! I really appreciate it. Headline has been fixed.]

posted by: Blitheringidiot on April 25, 2019 8:07pm Will the clerk be charged with claiming a falsehood?

posted by: thecove on April 25, 2019 8:16pm @John Velleca…Well put John.

posted by: The Sleeping Giant on April 25, 2019 8:20pm *facepalm* this outlet is trying really hard to make this story so that it jives with the narrative it wants to spin. Where does it say there’s probable cause to arrest the officer? Nice job at glossing over that attempted robbery by Witherspoon and his accomplice. Interesting he’s suing, ready to collect some dough, while the sister is the one with the shot up car, death scare, hospital stay and bills. For those in the know, is it normal for the state to have made this much headway and not have interviewed the two officers. Or were those interviews omitted from this rundown?

posted by: 1644 on April 25, 2019 8:49pm @ narcan, Was there a robbery? [Paul: No. It even turns out that the reported attempted robbery may not have even been accurate.] https://www.newhavenindependent.org/index.php/archives/entry/woman_injured_in_officer-involved_shooting/ Actually, it sure sounds like there was a strong-arm robbery, as well as an assault and battery by Witherspoon. As well as, of course, driving without a license. The sad thing is, due to police conduct, Witherspoon is not being charged with anything.

posted by: 06511 on April 25, 2019 9:25pm 1644, Oh, is THAT the sad thing about this story? Thanks for clarifying that, for a minute there I thought the sad thing was that a person got shot.

posted by: thecove on April 25, 2019 9:29pm @Blitheringidiot Normally I would say probably not, but in this case not only did he report completely misleading information, he then lied about it in his interview. Was his motivation to get the cops there quicker? An officers state of mind is a huge factor in determining justification or lack thereof of the use of deadly force and maliciously or incorrectly injecting a gun into an incident can lead to tragic results as evidenced here. I would say that the end result places substantial culpability on this clerk.

posted by: Samuel T. Ross-Lee on April 25, 2019 9:49pm @narcan, Srong-arm robbery requires the robber to be armed. EVERYONE has said that Witherspoon was NOT armed. How do you draw the conclusion that he was?

posted by: JohnDVelleca on April 25, 2019 10:01pm @thecove….right back at ya, well stated. @narcan Not true, a “strong-arm” robbery refers to a robbery perpetrated without a weapon. The use of force in such case would be from the perpetrators “strong-arm.”

posted by: JohnDVelleca on April 25, 2019 10:03pm CORRECTION: The clarification of the definition of a strong-arm robbery was for the good Reverend Ross-Lee, not narcan. My bad….

posted by: JohnDVelleca on April 25, 2019 10:12pm @TheSleepingGiant I would have to think that if the cops were interviewed their statements would be contained within the “four corners” of the warrant. I doubt that they have been interviewed and that will probably take a long while, if it happens at all. This investigation may very well end up with criminal charges against one, or both, of the officers. Therefore, Garrity protection will not be offered to them and their attorneys will surely forego an interview with investigators, opting to see the evidence against them first via the arrest affidavit and subsequent discovery. Also, take note that officer involved shooting investigations are very precise and have many moving parts. They are not easy and require much investigative experience. This investigation will move relatively slowly because it is very important to get it right the first time.

posted by: TWO-THIRDS on April 25, 2019 10:44pm Despite being changed (according to author) this headline is misleading and NOT HELPFUL.

Other news outlets who covered this did so in a responsible manner with accurate headlines. This is nothing to do with probable cause for assault - this is simply a search warrant. There is probable cause for a search warrant, not an arrest. This type of headline degrades the credibility of the NHI.

posted by: BevHills730 on April 26, 2019 7:00am 1644 The sad thing is that two people from New Haven had their lives permanently damaged by Yale and Hamden police officers. The sad thing is Stephanie Washington is in the hospital. I know you’re a Yale guy and a cheerleader for Yale’s gentrification plan, but please try not to be so confused about what constitutes a tragedy here.

posted by: E1972 on April 26, 2019 8:39am I wonder if Hamden will continue “poaching” rookie officers from New Haven after they are forced to pay millions of dollars out in lawsuits over this incident. Wasn’t to long ago that this very publication was highlighting all the rookie transfers to suburban departments. Karma works in mysterious ways.

posted by: The Sleeping Giant on April 26, 2019 8:47am Bevhills730 What’s also tragic is that these young punks roll around southern Hamden harassing and assaulting hard working people at 4am in the morning while white liberals and poverty pimp preachers prop them up as poster boys and girls in the struggle. In no way was the outcome justified but some of the demands that followed are bordering on the absurd. Now people are even calling for the clerk to be arrested while not a word is said of washington’s culpability in the entire matter. Tragic. Earlier in the year, a little ways up the street from this gas station, another little hero ambushed and stabbed a pregnant woman in the neck. Silence from the professional protestors. Tragic, too. Since this awful incident young punks have fired off bullets in New Haven twice, in broad daylight, terrorizing the people who live and traverse these areas. Yet….silence. No demand for justice for the kids who have to grow up in neighborhoods under constant siege. No marches. No outcry. Our priority is to support those who would attempt to rob people in the wee hours of the morning.

posted by: The Sleeping Giant on April 26, 2019 9:26am *Witherspoon* not washington

posted by: redman on April 26, 2019 9:39am The police over reacted based on the belief Witherspoon had a gun based on faulty information. Stop trying to defend a thief!

posted by: watchfuleye on April 26, 2019 1:41pm So how many blacks still purchasing at this gas station? Still probably shopping at that store. If you can protest the police for there negligence, I hope the protest will be done at the gas station! Where it all started from! That store attended never saw a gun! But made a 911 report about it. The police are clearly wrong but so is that gas attended who “profiled” this black guy. Okay, there was an argument or whatever. But it didn’t call for 911 or to exaggerate about a guy. So keep this same protest energy and not buy anything. #I’ll wait.

posted by: New Haven Urbanism MULTIPLE CHOICE EXERCISE Why did the Yale police officer open fire on the Civic?

a) He is racist

b) Police are homicidal maniacs

c) Poor training

d) Because gunfire was coming at him from the direction of the Civic Why did the Hamden police officer open fire at the driver of the Civic?

a) He is racist

b) Police are homicidal maniacs

c) Poor training

d) The officer believed that the driver may have had a firearm in his hand Why did the driver of the Civic lower his hands to his waist as he got out of the car and then raise them again?

a) He wanted to scare the police officer

b) He was trying to ignore the officer’s commands

c) He was trying to conceal something

d) He lowered his hands in order to help lift himself out of the car and then he raised them in order to comply with the officer’s commands Why did the police engage with the occupants of the Civic at all?

a) They are racist

b) They were profiling these two individuals because they were in a low-income community

c) The vehicle was making a traffic violation

d) The vehicle matched the description of one suspected to be involved in an alleged armed robbery Why did the clerk at the gas station report an armed robbery?

a) He is racist

b) He enjoys making up stories

c) He wanted to waste the police’s time

d) He witnessed an attempted robbery but mistakenly reported that the assailant had a gun Why did the driver of the Civic attempt to rob the newspaper delivery person at 4am?

a) Newspaper delivery people are well-known icons of the 1% and therefore deserve to be robbed

b) The clerk dared him to try to rob the newspaper delivery person

c) He was just trying to have a friendly chat with the delivery person about the best ways to positively contribute to society and it was all a misunderstanding

d) He saw, in the delivery person, an opportunity to take advantage of someone he viewed as weaker than himself so that he could feel a sense of power over them Please feel free to suggest additional choices e, f, g…

posted by: 06511 on April 26, 2019 10:28pm Hopkins, How about: e) none of the above, but when you are wielding a weapon that can take a person’s life you are obligated not to use it with abandon, and should be held accountable when you do not?