Lawmakers seek probe of ‘mistakes’ in shooting
Lawyer for driver shot at by police says lawsuit might be filed
NEW HAVEN — The investigations by state officials and private citizens into the April 16 police shooting continued Tuesday as two state senators called for a “thorough” inquiry to “address the mistakes and miscalculations that were made,” and the attorney for the driver of the car that was fired at said a lawsuit might be filed.
State Senate President Pro Tempore Martin M. Looney and state Sen. Gary Winfield, both D-New Haven, called for a “thorough” investigation of the recent police shooting on Argyle Street.
Looney and Winfield sent a letter to Chief State’s Attorney Kevin T. Kane, indicating that three aspects of the shooting need to be reviewed as part of the ongoing state police investigation — “the choice to fire weapons by the Hamden and Yale officers; the crossing of municipal boundaries by police; and the procedures used or not used regarding body cameras and vehicle video recording equipment.”
They said Hamden Officer Devin Eaton and Yale Officer Terrance Pollock committed an “excessive use of violence,” given that no weapon was found at the scene and Paul Witherspoon, as seen in body camera footage, exited the car with his hands in the air.
The shooting has drawn outrage from the community, sparking many rallies and protests. Hamden also has opened a local probe into the incident.
The crossing of municipal lines by police, while legal, warranted further review, they said.
“Although state law allows for officers to cross town lines to pursue suspects, stricter guidelines must be put in place so that officers can react accordingly to border crossings. New Haven is adjacent to other towns that have their own police departments. As we’ve seen, this situation causes confusion if an officer responds to a report and it leads him or her across municipal lines,” said Looney and Winfield. “Consistent protocol would help to ensure that law enforcement respects the boundaries of each municipality and properly notifies municipal police departments when a border must be crossed.”
Eaton had his body camera on for a portion of the incident, according to state police, while Pollock did not. This “omission is unacceptable,” Looney and Winfield said.
“Our communities are safer when there is complete transparency, accountability, and trust between the public and law enforcement. We are hoping that as a result of this comprehensive investigation, we can put into practice new measures that will improve the training and procedures for law enforcement and promote public trust,” said Looney and Winfield.
Further, surveillance footage published by WTNH appears to show the encounter between the driver, Witherspoon, and a newspaper delivery driver at the Gas And Go gas station on Arch Street.
In the video, Witherspoon stops the delivery driver as he attempts to step up to the front of the store; the two speak momentarily; Witherspoon appears to touch the other man, who then hands off the papers. Witherspoon then follows the driver back to his vehicle before turning away, seeming to tap on the rear bumper as he goes.
The clerk at the gas station called 911 afterward, telling dispatchers that Witherspoon had “pulled a gun” on the driver.
This set into motion an investigation into a reported armed robbery, which ended with Eaton and Pollock firing at Witherspoon as he stepped out of a Honda Civic on Argyle Street. Witherspoon’s girlfriend, Stephanie Washington, a passenger in the car, was wounded in the shooting but is recovering.
The clerk later told police he had not actually seen a gun in Witherspoon’s hand, according to an affidavit seeking a warrant to search the Civic.
Witherspoon told state police “that he was 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,” according to the affidavit.
The delivery driver later told police that he was “100% sure that the black male (Witherspoon) was trying to rob him.”
Attorney Michael Dolan, representing Witherspoon, said that the newly published video represented one aspect of the ongoing effort to gather information for a potential lawsuit.
Dolan said he was considering naming the clerk as a defendant if a suit were filed, alleging that he had defamed Witherspoon and offered a false report.
“But for the clerk, this never would have started,” said Dolan.