ORANGE, Conn — An investigation by the Office of the Inspector General found an incident involving use of force by an Orange police officer to be "unreasonable and therefore unjustified," according to a report released Monday.
The report said Orange Police Officer Eric Ristaino fired a single gunshot at a 2004 Buick Century near the Burlington Coat Factory on Boston Post Road in Orange on Sept. 15, 2023 at 10 p.m.
Ristaino and Officer Kurt Correia responded 10 minutes before to the store after a complaint about shoplifting, according to the report.
Officer Correia spotted an individual in the parking lot, identified as Maurice Keys, who matched the description of the reported shoplifter and was allegedly holding a laundry basket full of items. Keys allegedly led Officer Correia on a foot pursuit as he ran to and entered his Buick.
Officer Correia then entered the car and grabbed Keys' shoulders to pull him out of the vehicle. He was allegedly pulled in where a struggle began with the occupants as Officer Ristaino pulled his cruiser directly behind the Buick, the report said.
A woman in the driver's seat, identified as Timisha Hopkins, backed into the cruiser after Officer Ristaino exited the vehicle, according to the report. She allegedly then drove over a small concrete island and onto an access road to Boston Post Road.
Officer Correia continued struggling with Keys inside the car as Officer Ristaino followed the cruiser from behind on foot. According to the report, Ristaino then fired a gunshot aimed at the driver's headrest with the intent of "deadly force."
The vehicle was stopped on Boston Post Road.
Keys and Hopkins were arrested for their involvement in the shoplifting and assault on a peace officer. A third person was in the rear seat of the car during the incident and is not facing charges.
The report included that Officer Ristaino used a Taser to "gain [Keys'] compliance" during the arrest.
Inspector General Robert Devlin, Jr. said that shooting the driver "would have made matters much worse" and "resulted in a driverless car heading uncontrollably onto the Boston Post Road."
According to an analysis in the report, Officers Correia and Ristaino did not have their body cameras activated during the incident.
"Based on the investigation, I find that Officer Ristaino's use of deadly force was unreasonable and therefore unjustified," Devlin said. "Not withstanding this finding, I have decided to decline prosecution due to low probability of conviction. My recommendation is that the Police Officer Standards & Training Council (POSTC) review the evidence contained in this report and consider cancelling his certification as police officer."
Orange Police Chief Robert Gagne said in a statement that Officer Ristaino is on administrative leave pending an internal investigation.
"The Orange Police Department has received a report and findings of the State of Connecticut Office of the Inspector General regarding a use of force incident on Sept. 15, 2023. We respect the responsibility that the Office of the Inspector General holds in conducting these investigations," Gagne said. "While this report speaks for itself, Officer Eric Ristaino is currently on administrative leave pending an internal review of the matter."
Officer Ristaino claimed that he fired his weapon due to fear of Officer Correia being seriously injured or killed if the Buick was not stopped, according to the report.
Inspector General Devlin countered that there was no need for use of deadly force and that Officer Ristaino could have pursued the Buick with the cruiser, as well as called on other officers to stop the vehicle. He added that Officer Correia "was not at risk of imminent death" and that the use of force would have endangered everyone inside the Buick.
The full report can be read here.
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