Police Use of Deadly Force in Colchester on April 18, 2024

Detectives from the Connecticut State Police Eastern District Major Crime Squad were assigned to process the scene at the house at 759 Norwich Ave., Colchester. Town property records show the house as being owned by Jared Billard since 2019. Detectives seized various items from the basement area, which was outfitted as a dwelling for one person and included a refrigerator, toilet, and bed. Among the items seized were a spent cartridge casing from the steps leading into the basement from the bulkhead, five knives, a hatchet, and an expired Connecticut pistol permit. Detectives also seized a 12-gauge shotgun that was on the ground between the washer and dryer, adjacent to where Billard was standing when he was shot.

Constable John Zavalick: On May 22, 2024, Constable John Zavalick filed a police report, which can be summarized as follows: On April 18, 2024 at about 6:17 p.m. Constable Zavalick was dispatched from the Connecticut State Police, Troop K, to a report of a landlord-tenant dispute at 759 Norwich Ave., in Colchester. The dispatcher informed him that the tenant called police after becoming involved in a physical fight with the landlord, who was now in the basement and may have knives. Dispatch also reported that the landlord, later identified as Jared Billard, had an expired Connecticut pistol permit and registered firearms. Zavalick and his two backups, Constables Kowalsky and Wassef arrived at the same time. They had a brief conversation with the tenant. He directed them to the basement door, a Bilco bulkhead door at the rear of the house. The complainant told them Billard was in the basement, where he lived, was drunk, acting irrationally, “he was out here waving a mammoth knife” and that we needed to be ready. “Better get your Taser out,” he said. As Zavalick opened the bulkhead doors, he recalled that he had been to the address before and had dealt with Billard. He knew Billard’s living quarters were in the basement behind a door. Constable Zavalick opened the bulkhead door and announced himself several times. He went down the stairs and observed fresh blood on the staircase and a hatchet at the base of the steps to the right. As he moved to Billard’s door, he saw fresh blood on the washer/dryer. He then observed a large Bowie knife stuck into the door about head height. He removed the knife and placed it next to a pile of other knives on a filing cabinet. He heard Billard ask from behind the door, “Who’s that?” Zavalick replied, “It’s the police department.” He tried to convince Billard to come out and talk, but Billard told him repeatedly, “you better get the fuck out of here!” 

The report continued: 

“And that is when I heard, based on my 32 years of training and experience, the distinct sound of a shotgun being ‘racked’ with a round into it. Upon hearing that shotgun, I knew Off[icers] Wassef and Off Kowalsky were directly behind me, so I knew I couldn’t back up . . . so I immediately moved to cover to my left. . . . I thought for sure the next thing I was going to see/hear was a shotgun round coming through that hollow core door. I immediately drew my service weapon and had it at the low ready (finger off the trigger), trying to watch the door I was just in front of. I had nowhere to go. I tried to find another way out, maybe there was another door up some stairs, but I couldn’t go anywhere. I could still hear him yelling words to the effect: “get the fuck out. Get out! This is you, not me. This is you. Then he said: ‘here we go!’ “Where I was now, I did not have the angle to be able to see the door I was just in front of, but I could see Off. Wassef to my right, just near the bottom of the staircase, leaning in from the hatchway here. I still had my weapon pointed down, finger off the trigger, but I could not see the door. Although I never actually saw the door open, right after Jared said “here we go,” it seemed like a split second later, he aggressively came bursting out into the cellar with the shotgun up, at the ready and pointed right at Off. Wassef. He didn’t even come straight out, he turned left and pointed the shotgun right at Off Wassef. “Now … I could see him in full view. I brought my gun up to shoot (finger on the trigger), but by the time I acquired a target (his back, right shoulder area), I had to take careful aim (because Off. Wassef was right in my peripheral vision nearby as well). Just prior to me pulling the trigger, I heard one gunshot and Jared dropped the shotgun and he fell to the ground immediately after. I tactically moved on him, covered him with my gun and Off. Wassef came in as my backup.”

Constable Bryan Kowalsky:

On May 22, 2024, Constable Bryan Kowalksy filed a police report, which can be summarized as follows: Constable Kowalsky was dispatched to the landlord-tenant dispute with Constable Wassef. Kowalsky was a passenger in Wassef’s police cruiser. They arrived at the same time as Constable Zavalick. An adult male and female they encountered told them “he’s down there” pointing to the bulkhead doors. They said he (Billard) was drunk and irrational and that the officers better be ready. They went into the basement, saw blood on the washer/dryer and requested an ambulance come to the scene. There was a large knife inserted into a door to another room. Constable Zavalick removed the knife and asked Billard to come out and talk with us. The landlord used vulgar language and told us to get off his property. Off Zavalick explained that we can’t just leave until we figure out what happened. The landlord then said, “you’re going to leave and you will leave.” We then heard the very loud and distinct sound of racking a shotgun.5 Kowalsky recognized the sound from 16 years of experience. He immediately headed for cover by going back up the basement stairs because he believed the landlord was going to start shooting at them through the door. He radioed dispatch and asked for backup. Constables Kowalsky and Wassef were on the basement stairs and Constable Zavalick remained in the basement. Constable Wassef was instructing the landlord to stay in there and put the gun down. He heard more yelling and then he smelled gunpowder. He didn’t hear any gunshots, but he knew someone had been shot. He radioed “shots fired” to dispatch.

The report continued:

“We made our way down into the basement and I saw Off Zavalick was providing cover over the landlord who was lying on the floor screaming/moaning. I could see a black pumpaction pistol-grip shotgun lying on the floor in front of the washing machine/dryer near where the landlord had collapsed on the floor. Then I saw the landlord appear to have a gunshot wound to his right chest.”

Constable Kiruluss Wassef:

Constable Wassef provided a sworn written statement about the incident dated May 21, 2024. It is reproduced here in its entirety: “CPL Kowalsky #KC86, OFC Zavalick #KC89 and I were dispatched to 759 Norwich Ave in the Town of Colchester for a report of a disturbance between the landlord and the tenant. Troop K advised that a physical fight occurred, and both the landlord and the tenant are separated now. Troop K dispatch advised that the tenant reported that the landlord has knives in his possession and that the landlord is intoxicated. Troop K then dispatched that the landlord has firearms registered to him with an expired permit.

(5 Although it was later determined that the shotgun Billard held was unloaded, the sound of racking an unloaded Mossberg 12-gauge shotgun would be indistinguishable from the sound of racking a loaded one.) “Upon arrival, we were approached by the tenant who stated that the landlord is in the basement and is screaming. The tenant stated that the landlord is very intoxicated and was standing by the roadway, yelling at cars. The tenant’s wife stated that the landlord came out with two knives. The tenant told us to ‘be ready’ and ‘have your taser ready.’ “With the information provided by the tenant, in specific to the landlord walking out with knives. A conversation with the landlord was a must to ensure the tenant’s well-being. “OFC. Zavalick opened the right Bilco door to walk down the stairs to the basement to speak with the landlord. I opened the left Bilco door, and I was able to immediately see drops of blood all over the stairs. “OFC. Zavalick kept calling the landlord’s name, stating ‘Jared, Jared are you there’ as he was opening the Bilco door. OFC. Zavalick then went down the stairs as I followed him. CPL. Kowalsky was walking down the stairs behind me. CPL. Kowalsky requested an ambulance before going down the stairs in regards to the drops of blood all over the stairs. Once I reached the bottom of the stairs, I saw a knife hanging on the door of the room the landlord was inside of. OFC. Zavalick removed the knife from the door and moved it to a safe area. I also noticed fresh blood on the washing machine and a hatchet on the ground. I quickly removed the hatchet and hid it behind the washer in case the landlord comes out. “At one point, the landlord asked ‘who is it’ or ‘who is in my house’ to which OFC. Zavalick informed him that it is the Colchester Police Department. “OFC. Zavalick then started engaging the landlord in a conversation where the landlord quickly started yelling at us and using vulgar language telling us to leave and that we are not welcomed on his property. The landlord told us that we have nothing to investigate and that we better leave his property. OFC. Zavalick informed the landlord that we cannot leave until we investigate this incident. Next thing, all three of us on scene heard the landlord rack his shotgun and yells ‘GO.’ At that time, I withdrew my duty gun and took cover. OFC. Zavalick had taken cover on the other side of the door and could not retr[eat] from the basement without crossing in front of the door where the landlord was. I could not leave my partner. “Fearing for his safety, I informed the landlord to drop the gun. The landlord continued shouting and saying something along the lines of this is not going to end well for us and that he is coming out for us. I informed the landlord to stay inside and to not come out. I then heard the landlord yell “’here we go’ or ‘here I come’ as he opened the door. I did not discharge my duty gun as the door opened. I waited until I had eyes on the landlord. The landlord walked out with a shotgun in a shooting ready position pointed directly towards me and I was afraid for my life. At that time, I took one shot and saw the landlord dropping. I ran up the stairs in case the landlord fires as he was falling. I then went down the stairs again and saw that the landlord dropped his shotgun and had a gunshot wound. “The landlord was not able to speak back to us as we were talking to him. After a couple of minutes, the landlord stopped breathing and did not have a pulse. At that time, OFC. Zavalick performed CPR on the landlord in an attempt to get him to breathe again. I then left the basement.”

Statement of Tenant #1 (JF):

JF, 23, was the tenant in Apartment 2 at 759 Norwich Ave in Colchester. On April 18, 2024, he gave a statement to state troopers, which may be summarized as follows: He lived with his fiancée and his 10-year-old son. His apartment is on the second floor. Two other males, Tenant 2 and Tenant 3, live on the first floor. Jared Billard is the landlord and he lives on the first floor. Jared rarely comes out unless he is intoxicated. When he does come out, it’s usually at night when he throws knives at the back of the shed. Jared was a machine gunner in the Army and has PTSD from his Hummer being blown up. He drinks a lot. He keeps at least two firearms in the basement. Around August 2023, JF was in his second-floor apartment when he heard Jared cocking a rifle or some type of long gun over and over again, complaining about the neighbors owing him money. On April 18, at around 2 p.m., JF came home to his apartment. He noticed Jared was parked on the side of the barn at the rear of the property. It was unusual for him to park there. Jared was in the car. He then started driving down the driveway, then onto the lawn. He got out and started taking pictures of himself and his Jeep with his phone. JF could tell Jared was drunk because he was unbalanced and was being very vocal. JF and his fiancée left to run some errands and returned at 4 p.m. When he returned, he saw Jared and [TF, Tenant 2] at the Jeep arguing over whether Jared should be driving. Jared had driven into a big wooden beam. Shortly thereafter, Jared put some food on the grill and went into the basement. The grill is in the back of the residence under the deck [of] JF’s living room area. JF saw the flames from the grill come through the cover and the bottom of the grill, which was overheating and falling apart. He turned off the grill and disconnected the propane tank. He and another tenant moved the grill away from the house. At about 5:20 p.m. Jared came back outside and began to grill again. He then came up to JF’s apartment and asked for a cigarette. JF didn’t have one. His uncle Paul was there, and Jared asked him for a cigarette. Jared shook Paul’s hand hard and said, “I could destroy you.” Jared came back into the kitchen and grabbed JF on the left side of his neck. He got close to his face and said, “you’re not going to tell me how to run my fucking house or my life.” There was a brief physical altercation. Then Jared went outside and threw JF’s grill onto the deck. He called 911 because he was worried things would keep escalating. Jared went back into the basement, and JF could hear him yelling and throwing stuff. Soon three Colchester officers showed up and I told them Jared was possibly armed with knives and was intoxicated. He saw the officers walk into the basement and identify themselves as police officers. 

The statement then stated:

“I heard one of the Officers ask Jared to come outside and talk with them about the incident that occurred. I then heard the Officer tell Jared loud and clearly to “drop the gun.” I then heard one popping sound. I knew it wasn’t a taser and believed it to be a small caliber firearm. There was a lot of noise going on in the basement because the washer or dryer was on during this time as well. I then observed police officers running inside and outside to grab medical equipment and they were providing medical care to Jared. The officers did everything 100% correctly, they were not yelling at Jared or being disrespectful. Jared was way too off the deep end and did not give officers the proper time to prevent the outcome. Jared immediately jumped to guns.”

Statement of Tenant #2 (TF):

TF, 20, also resided in an apartment at 759 Norwich Ave. On April 18, 2024, he gave a written statement to state police troopers, which provides: “On 04/18/204, at approximately 1700 at my residence at 759 Norwich Ave, Colchester. As I was walking into my apartment on the first floor I see Jared pull into the driveway and get out of his jeep. We did not interact with each other and I continued going into my house, approximately thirty minutes later I hear a knock from John asking to help move the grill. I helped move the grill to the sidewalk, we talked about how Jared was drunk. I went back into my apartment, I was laying on my couch and heard Jared yelling and screaming from his apartment. Jared was yelling and screaming for approximately one hour, I heard someone knocking at Jared door and heard someone say police. I heard Jared screaming [don't] come in and then heard what I believe to be the sound of a shotgun being pumped. I then heard approximately one minute later the sound of a gun being fired. I did not hear or see anything further.”

The video from Constable Zavalick’s BWC is consistent with the report that he wrote. It shows he entered the basement first among the three officers at about 6:26 p.m. He called out to Jared and announced “police department.” After he descended the steps, he approached a closed door and removed a knife that was stuck in it. Through the door, Billard said, “fuck you, don’t enter my fucking dwelling place.” Zavalick said he can’t leave because he needs to investigate what’s going on. Billard replied, “you need to investigate the fuck off.” About 40 seconds in, as Zavalick is facing the door, standing to its left, the sound of a weapon being charged can be heard. Zavalick retreats left, to the end of the room. Constable Wassef is seen at the bottom of the steps, his gun drawn and pointed at the door. Billard yelled, “Go fucking now, motherfucker!” Zavalick looked to his left along the wall at a staircase and another door. Billard yelled, “here we go! This is you, this ain’t me!” One of the officers said, “stay in there man.” Then the door opened and a long gun can be seen pointed forward. A single gunshot can be heard. The view briefly goes black as Zavalick turned. When he turned back around his weapon is extended and he radios, “shots fired.” Billard is on the basement floor.

Constable Wassef’s BWC video shows him entering the bulkhead door behind Constable Zavalick. Wassef stayed at the bottom of the steps while Zavalick moved ahead and removed a knife from the door next to a washing machine as he engaged Billard in a dialogue. Wassef took a step closer to Zavalick, who was examining the area with a flashlight. The sound of a shotgun being loaded is heard. At this time, Zavalick was behind the door just to the left, and Wassef was behind the clothes dryer next to the steps. Wassef retreated to a position of cover behind the bulkhead wall on the steps, his gun drawn. Constable Wassef gradually moved up more steps to an elevated position. Billard is yelling at the officers to get out of his property. Billard said, “here we go! This is you, this ain’t me.” Wassef shouted, “stay in there man.” Next, the door to the room opens and a gunshot is heard, as Wassef quickly moves up the steps and into the yard. Wassef asked Zavakick, “John are you good?” He then heads back down the steps and shouted, “Get down! Stay down!”

Constable Kowalsky partially went down the steps to the basement behind Constable Wassef. His BWC is directed at the bulkhead wall. A shotgun racking sound was heard. Kowalsky said, “he’s racking a shotgun start us some cars,” as he moved up the stairs into the back yard. Kowalsky told the tenants to go inside. Wassef’s was at the bottom of the steps with his gun drawn. A gunshot can be heard as Wassef ran back up the stairs, turned around, and reentered the basement.

Pursuant to a search warrant, Billard’s medical records were obtained from Backus Hospital in Norwich, where he was taken by Colchester Fire and EMS. Records indicate he arrived by ambulance on April 18 th at 7:03 p.m. for a gunshot wound to the right chest. The diagnoses were “puncture thoracic trauma,” cardiac arrest, acute blood loss arrest, acute punctured lung, acute hypoxic encephalopathy, acute multiorgan failure, and acute respiratory arrest. When he arrived in the Emergency Department, he underwent a resuscitative thoracotomy and exploration of the right chest with clamping of bleeding lung parenchyma. There was a brief return of pulses and cardiac activity, so he was taken to the operating room for formal exploration and then the intensive care unit but was in moribund condition. Billard progressively became more unstable and lost a pulse. Dr. Vijay Jayaraman pronounced him dead at 11:49 p.m.

Billard’s body was taken to the Office of the Chief Medical Examiner, where Dr. Donald Turbiville performed an autopsy. His report stated the following: FINAL DIAGNOSIS I. Penetrating Gunshot Wound of Trunk A. Rib Fractures B. Injuries of Right Lung C. Hemothoraces (Right: Approximately 100 mL, Left: Trace) D. Soft Tissue Hemorrhage E. Status-Post Resuscitative Thoracotomy F. Projectile Recovered II. Blunt Force Injury of Head A. Subscalpular Hemorrhage III. Blunt Force Injury of Trunk A. Cutaneous Abrasions, IV. Blunt Force Injury of Extremities A. Cutaneous Contusions and Abrasions V. Atherosclerotic Cardiovascular Disease A. Coronary Artery Atherosclerosis, Moderate VI. Hepatosplenomegaly (Liver: 3090 Grams, Spleen: 220 Grams) CAUSE OF DEATH: GUNSHOT WOUND OF TRUNK WITH INJURY OF LUNG MANNER OF DEATH: HOMICIDE (SHOT BY POLICE) A bullet and a smaller fragment were recovered from Billard’s right back. Toxicology testing was performed, which revealed a blood-alcohol concentration of 0.199. He also had the metabolite for Delta-9 THC in his blood, the active ingredient in marijuana. A designer drug, flubromazepam, was also detected in his blood. Flubromazepam is a designer benzodiazepine that is not available legally in the United States. 

Constable Wassef’s duty pistol was a 9mm Glock model 47, serial number CCRX260. Eastern District Major Crime Squad detectives examined the condition of the gun after the shooting. The survey report and photographs indicate the magazine held 18 rounds and there was one chambered round. The report noted the magazine was a “17-round magazine with extender.” Unfortunately, the report did not indicate how many rounds the magazine was capable of holding with the extender. This makes it unclear whether the report corroborates that Constable Wassef fired one shot as suggested by the video and his statement. To verify the capacity of Wassef’s weapon system, a member of this office examined the magazine with the assistance of the evidence officer at Troop K in Colchester, where the weapon was being stored. That examination confirmed the magazine was capable of holding 19 rounds. That, plus a chambered round, means the weapon’s capacity would have been 20 rounds. This substantiates other evidence suggesting Constable Wassef fired one shot at Billard. The firearms of the other officers present were examined, and the evidence suggests that no other officers fired their weapons that day. 

Typically, the condition of a seized weapon, including whether it is loaded, would and should be documented at the time it is first seized and made safe. Although that did not occur in this case, a reasonable inference can be drawn that the shotgun was unloaded, as there were no live rounds photographed, nor were any noted in the evidence inventory form. As noted infra, whether the shotgun was loaded is immaterial to the conclusion in this case that Constable Wassef’s use of deadly force was justified, as this fact would not have been known to him at the time.

The investigation supports the following findings of material fact:

1. April 18, 2024, Connecticut State Police, Troop K, dispatched three constables working for the town of Colchester to a landlord-tenant dispute at 759 Norwich Ave. in Colchester. Jared Billard owned the house and rented out apartments on the first and second floors. He lived alone in the basement. Dispatchers informed them there had been a physical fight between the landlord and tenant but that they were separated now. They were further advised that the landlord had an expired pistol permit, had knives in his possession, and was intoxicated. 

2. Constables John Zavalick, Bryan Kowalsky, and Kiruluss Wassef arrived at the house at about 6:17 p.m. They spoke to a tenant outside the rear of the house who told them the landlord, Jared Billard, was in the basement screaming. He had previously been outside with knives, yelling at cars. 

3. Constable Zavalick entered the basement first and called out Billard by his first name and announced “police department.” Constable Wassef entered second. Constable Kowalsky walked behind Wassef. A large knife was stuck in a door that led to a room from where Billard was speaking. Zavalick removed the knife. There was blood on a washing machine and a hatchet on the floor. Wassef moved the hatchet. 

4. Billard said, “fuck you, don’t enter my fucking dwelling place.” Constable Zavalick said he can’t leave because he needs to investigate. Billard replied, “you can investigate the fuck off.” The officers had been there about 40 seconds when Billard racked an unloaded 12-gauge shotgun from behind the door. The sound is unmistakable to the officers who immediately take cover and draw their weapons. Billard yelled, “go fucking now, motherfucker! Here we go! This is you, this ain’t me!” 

5. Billard opened the door with the shotgun raised and pointed it at Constable Wassef, who was positioned in the stairwell. Wassef fired one shot from his duty pistol, a 9mm Glock, and Billard dropped to the basement floor with a gunshot wound to his lung. Constables treated Billard and called emergency medical services. He was transported to Backus Hospital, where he continued to be treated for several hours before succumbing to his injuries. 

6. An autopsy was performed on Billard, and the medical examiner determined that he died of a gunshot wound. His blood-alcohol concentration at the time of his death was 0.199. There was also evidence he had recently consumed marijuana and flubromazepam.

The use of force by a police officer is governed by General Statutes § 53a-22. The version of that statute in effect on April 18, 2024, in relevant part, provides:  “(a)(1) For purposes of this section, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of force to make an arrest or prevent an escape from custody. (2) A peace officer . . . who is effecting an arrest pursuant to a warrant or preventing an escape from custody is justified in using the physical force prescribed in subsections (b), (c), and (d) of this section unless such warrant is invalid and known by such officer to be invalid. (b) Except as provided in subsection (a) … of this section, a peace officer . . . is justified in using physical force upon another person when and to the extent that he or she reasonably believes such use to be necessary to: (1) Effect an arrest or prevent the escape from custody of a person whom he or she reasonably believes to have committed an offense, unless he or she knows that the arrest or custody is unauthorized; or (2) defend himself or herself or a third person from the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.  (c) (1) . . . a peace officer . . . is justified in using deadly physical force upon another person for the purposes specified in subsection (b) of this section only when his or her actions are objectively reasonable under the circumstances, and: (A) He or she reasonably believes such to be necessary to defend himself or herself or a third person from the use or imminent use of deadly physical force . . . .” (Emphasis added.) The statute further provides: “For the purpose of evaluating whether the actions of a peace officer … are reasonable under subdivision (1) of this subsection, factors to be considered include, but are not limited to, whether (A) the person upon whom deadly force was used possessed or appeared to possess a deadly weapon, (B) the peace officer . . . engaged in reasonable de-escalation measures prior to using deadly physical force, and (C) any conduct of the peace officer . . . led to an increased risk of an occurrence of the situation that precipitated the use of force,” §53a-22 (c)(2). Accordingly, a police officer is justified in using deadly physical force upon another person when the officer reasonably believes such force to be necessary to defend the officer or a third person from the use or imminent use of deadly physical force. “Deadly physical force” means “physical force that can be reasonably expected to cause death or serious physical injury.” General Statutes § 53a-3(5). “Serious physical injury” means “physical injury which creates a substantial risk of death, or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ.” General Statutes §53a-3(4). The reasonableness of a police officer’s belief under § 53a-22 is evaluated pursuant to a subjective-objective formulation. State v. Smith, 73 Conn. App. 173 (2002). Under this test, the first question is whether, based on of all of the evidence, the police officer in fact honestly believed that deadly force was necessary to defend himself/herself or a third person. Id. If it is determined that the police officer honestly believed that deadly force was necessary, the second part of the test asks whether the police officer’s honest belief was reasonable from the perspective of a reasonable police officer in the officer’s circumstances. Id. at 198. The United States Supreme Court has explained this test in a civil rights case: “The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on scene rather than with the 20/20 vision of hindsight. . . . . [T]he calculus of reasonableness must embody allowance of the fact that police officers are often forced to make split-second decisions—in circumstances that are tense, uncertain, and rapidly evolving— about the amount of force that is necessary in a particular situation.” Graham v. Connor, 490 U.S. 386, 396-97, 109 S. Ct. 1865, 104 L. Ed. 2d 443 (1989).

Under Connecticut law as applicable here, a determination as to whether a police officer’s use of deadly force was objectively reasonable requires, in part, consideration of four questions: 

1. Did the officer, as a matter of fact, actually – that is honestly and sincerely – believe that he/she or a third person was facing either the actual or imminent use of deadly force when the officer used deadly force? 

2. Was that actual belief reasonable in the sense that a reasonable police officer in the officer’s circumstances at the time of the officer’s actions, viewing those circumstances from the officer’s point of view, would have shared that belief?

3. Did the officer, as a matter of fact, actually – that is honestly and sincerely – believe that the use of deadly force was necessary to defend himself/herself or a third person from such threat?

4. Was that actual belief reasonable, in the sense that a reasonable police officer in the officer’s circumstances at the time of the officer’s actions, viewing those circumstances from the officer’s point of view, would share the belief that deadly force was necessary?

Additionally, the reasonableness of the officer’s conduct also turns on whether (1) the other person possessed a deadly weapon (or appeared to), (2) the officer attempted reasonable de-escalation measures, and (3) the situation was not precipitated by the officer’s own conduct. 

In this case, officers were called to Billard’s basement dwelling having been informed that he was intoxicated, was armed with knives, and was angry, having just been involved in a physical altercation. They went into the basement and saw a knife wedged in a door, a hatchet on the floor, and blood on a washing machine. Within 40 seconds, Billard racked a shotgun, and opened the door and pointed it at Constable Wassef who was in a position of cover, but directly exposed to Billard who was pointing a shotgun at him. Wassef subjectively and honestly believed that the use of deadly physical force was necessary to defend himself from death or serious physical harm. Under these circumstances, it was objectively reasonable for Wassef to believe that he was facing the imminent use of deadly force. Another officer in the same position would certainly draw the same conclusion. In this case, officers did attempt deescalation. Finally, none of their conduct precipitated Billard’s actions.

I conclude, under the totality of the circumstances, that Constable Wassef’s use of deadly force was reasonable to defend himself. I therefore conclude that his use of force was justified under Connecticut law. The Office of Inspector General will take no further action on this matter. - CT Office Of Inspector General ELIOT D. PRESCOTT 08/27/2025.