The attorney representing the estate of John Valluzzo said he doesn’t know if he will pursue a lawsuit against the town, following the state’s attorney’s report that concluded police officer Jorge Romero was justified in the May 2013 fatal shooting of Mr. Valluzzo.
“I’ve reviewed the state’s attorney’s report from last week and we’re evaluating our options at this time,” said Danbury attorney Andrew Buzzi last week.
Stephen J. Sedensky III, chief state’s attorney for the Danbury Judicial District, released his report July 9 that cleared Officer Romero in the shooting “based upon his reasonable belief that the use of such force was necessary to defend himself and other persons.”
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 — firing two rounds — was justified based on the information he had as events unfolded.
Mr. Buzzi said he had no comment about the outcome of the report, which followed an almost nine-month investigation by state police.
In October 2013, Mr. Buzzi filed a notice that said the estate reserves the right to sue the town — a decision dictated by state law, which requires the family of the deceased to file a notice of intention within six months of the incident to be able to sue the town, or any state entity.
“Their decision hasn’t been made yet,” Mr. Buzzi said in October. “We have very limited information about the case at this point and we expect that we won’t have the answers from the state police within that six-month time frame; therefore, the family is reserving its right and taking the appropriate actions.”
According to the notice Mr. Buzzi filed in the town clerk’s office, the Valluzzo family is claiming that the conduct of the officers failed to follow departmental procedures pertaining to domestic violence calls, use of weapons, and situations involving entry onto premises; was done without warning; and was excessive in the force used.
The notice lists six “employees responsible” for the damages incurred.
The list includes Officer Jorge Romero, who fired the fatal shots that struck Mr. Valluzzo, Sgt. Craig Worster, Lt. Michael Gates, Officer Mark Caswell, Chief of Police John Roche, and dispatcher Bill Browning.
The other lawsuit
The girlfriend of John Valluzzo claimed he held a silver revolver to her chest. This is the gun police say Valluzzo held as he charged at them later that day.
Mr. Buzzi’s second case involving the fatal shooting stems from a lawsuit filed June 4 by Mr. Valluzzo’s girlfriend, Anna Messina, who is seeking more than $15,000 in compensation for a litany of charges, including battery, negligence, and emotional distress.
“We’re very early in the process on that one,” Mr. Buzzi said. “They served us and gave us a return date of July 8.
“We’ve returned it and filed for an appearance in court,” he added. “We’re reviewing our options; looking at everything right now before we get to that next step.”
He said there was no scheduled court date yet.
Ms. Messina’s attorney, Steven R. Smart, did not respond to multiple calls by press time Wednesday.
According to the lawsuit, Ms. Messina did not live with Mr. Valluzzo, but regularly stayed at his Ridgebury Road home. On the day of the incident, May 24, she called him to say she was coming to his house to get some of her things, but was treated as an invader upon her arrival.
Mr. Valluzzo began “shouting belligerently” at her, the suit said, before holding a phone to his ear and shouting “911, home invasion” several times.
She went into the bedroom to get her belongings, which is when he pulled a silver revolver from a pouch beside his bed and pointed it at her, the suit said.
The suit claims at one point he “recklessly pressed the revolver against the Plaintiff’s chest.”
“As a result of Valluzzo’s conduct, the plaintiff feared for her life, and has suffered emotional distress, anxiety, eating problems, sleep disorders, and diarrhea,” Mr. Smart wrote. “Plaintiff has been forced to expend large sums of money and will continue to have expenses for future medical care, medicine and therapy, all necessary to her recovery.”