A scene diagram from the state’s report shows the house where John Valluzzo was shot and killed by Ridgefield Police Officer Jorge Romero.
The state’s attorney has found the use of deadly force by Ridgefield Police officer Jorge Romero “was justified” in the shooting that killed 75-year-old John Valluzzo last May “based upon his reasonable belief that the use of such force was necessary to defend himself and other persons.”
The long-awaited report on the May 24, 2013, shooting was released online Wednesday, July 9, by Stephen J. Sedensky III, chief state’s attorney for the Danbury Judicial District.
The report says the gun Officer Romero saw in Mr. Valluzzo’s hand later proved to be unloaded, but it concludes Officer Romero’s decision to shoot was justified based on the information he had as events unfolded.
“At the time of the shooting, the number of bullets in Mr. Valluzzo’s gun was unknown to Officer Romero,” the report states. “That the gun Mr. Valluzzo held was unloaded does not affect this determination of justifiable behavior by the officer. It is the reasonable belief of the officer at the time he is called to act.
“It was entirely reasonable for Officer Romero to treat Mr. Valluzzo’s gun as being loaded with ammunition that could take his life and the lives of those around him.”
Officer Romero and another officer, Sgt. Craig Worster, had responded to a report that a threatening domestic incident was taking place between Mr. Valluzzo and Anna Messina, at Mr. Valluzzo’s Ridgebury Road home.
“Once at the scene Officer Romero saw the man, later determined to be Mr. Valluzzo. He saw Mr. Valluzzo armed with a silver revolver,” the state report says.
Officer Jorge Romero’s service gun from the shooting.
“The officers had made their presence known. Mr. Valluzzo walked toward the open door with the gun still in his hand.
“Officer Romero while crouched down, shouted at Mr. Valluzzo to drop the gun. Sgt. Worster was in close proximity to Officer Romero. Officer Romero had information that another person, that being Ms. Messina, was in the house. Mr. Valluzzo did not drop the gun and was shot by Officer Romero.”
The report says the “applicable law” in the case is Connecticut General Statute Section 53a-22(c).
That statue says “a peace officer … is justified in using deadly physical force upon another person” in only a few situations.
Deadly force is justified in this instance because it involves circumstances in which the officer “reasonably believes” the force is needed to “defend himself or herself or a third person from the use or imminent use of deadly physical force,” the report said.
“In the present case, Officer Romero arrived at the scene with the knowledge or reasonably believing that:
“1. He was responding to a call of domestic violence involving a male and a female;
“2. The male suspect was intoxicated;
“3. The male suspect was armed; and
“4. The male suspect had been threatening a female in the house with the gun…”
John Valluzzo’s gun, which turned out to be unloaded.
In its conclusion, the report states:
“The state’s attorney finds, based on the facts of this case, as determined from the Connecticut State Police investigation, including witness statements, analysis of the physical evidence, radio transmissions and the initial call to the Ridgefield Police Department, Officer Romero acted reasonably in the defense of Sgt. Worster, Ms. Messina and himself.
“As the United States Supreme Court has stated on the Fourth Amendment issue of the use of force by police:
“The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight … The calculus of reasonableness must embody allowance for 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.”
Police Chief John Roche took the state’s attorney’s report as a vindication of Officer Romero, the officers on the scene — Sgt. Craig Worster at the time of the shooting, and, shortly after the shooting, Lt. Michael Gates and Officer Mark Caswell.
“The report issued clears Officer Romreo and more or less vindicates his decision, based on Connecticut Law and the investigation conducted by Connecticut state police under the guidance of state’s attorney, Danbury Superior Court, that he was justified in his action,” Chief Roche said.
Officer Romero was placed on leave just after the shooting, but returned to duty last summer.
“He’s back on duty, I think it was three or four months after the incident occurred,” Chief Roche said.
“Right now, now I don’t see anything at this juncture that should change it.”
The chief said the incident was the kind of thing that police officers train for, but hope will never happen.
“An officer never wants to be thrown into this situation, a situation where they have to take the life of another person. It’s part of their job,” Chief Roche said.
“Officer Romero, based on the evaluation of the state’s attorney, did his job.”
He said the state’s attorney’s report, along with an internal affairs report conducted by the Ridgefield department, will be presented to Ridgefield’s Board of Police Commissioners.
“The Board of Police Commissioners is the governing body of the Police Department, and the oversight board,” Chief Roche said. “They will make a review and a final determination on policies and procedures, and then come to a conclusion for the case.”