DISTRICT ATTORNEY'S FINDINGS AND CONCLUSIONS REGARDING THE JULY 3, 2013 POLICE-INVOLVED FATAL SHOOTING OF COREY J.

NAVARRETE IN ORANGE, MA
INTRODUCTION

The following report details the facts and circumstances surrounding the fatal shooting of Corey J. Navarrete (DOB 11/28/89) on July 3, 2013, by Massachusetts State Police Trooper Michael H. Baker, and the legal conclusions drawn therefrom. Pursuant to G.L. c. 38, 4, "[t]he district attorney or his law enforcement representative shall direct and control the investigation" into any death occurring within 19 specificallyenumerated circumstances set forth in G.L. c. 38, 3, including but not limited to suspicious or accidental deaths, suicides, and homicides. The lead law enforcement investigator in this case was Detective Lieutenant Robin A. Whitney, Commander of the Massachusetts State Police Detectives Unit assigned to the Northwestern District Attorney's Office. First Assistant District Attorney Steven E. Gagne directed the investigation on behalf of District Attorney David E. Sullivan. As set forth below in greater detail and explanation, the Northwestern District Attorney's Office has concluded that Trooper Baker was justified in employing deadly force against Navarrete, and that he did so in the proper exercise of self-defense and defense of his fellow law enforcement officers. Navarrete's death therefore constitutes a justifiable homicide, and no criminal charges are warranted.

FACTUAL SUMMARY' I. Background On July 2, 2013, Athol Police Officer Janet Mousseau (hereinafter "Mousseau") submitted an application to the Orange District Court for a search warrant for the secondfloor apartment at 18 Mechanic Street in Orange, Massachusetts. Mousseau, a fourteenyear veteran of the Athol Police Department, applied for the warrant as a member of the Northwestern District Attorney's Office's Anti-Crime Task Force, a multi jurisdictional coalition formed in 2013 to combat illegal drug distribution in Hampshire and Franklin Counties and the town of Athol. Mousseau's application capped a month-long Task Force investigation into the illegal distribution of oxycodone and Percocet out of the second-floor apartment at 18 Mechanic Street in Orange by its occupants, Corey J. Navarrete (hereinafter "Navarrete") and his girlfriend, Jessica Dennis-Ramirez (hereinafter "Dennis-Ramirez"). During the investigation, law enforcement utilized a confidential informant to conduct three controlled purchases of oxycodone and/or Percocet from Dennis-Ramirez and Navarrete. On all three occasions, the informant arranged the purchase by first calling Dennis-Ramirez on her (i.e., Jessica's) cell phone. Two of the purchases took place inside the second-floor apartment at 18 Mechanic Street, and the third took place a short distance from the apartment. On all three occasions, Navarrete personally exchanged pills-for-cash with the informant. Two additional informants provided law enforcement with information regarding Navarrete and Dennis-Ramirez during the investigation. One reported that Navarrete owned a handgun and claimed "he could shoot anyone that comes in the house as long as it is in the arm or leg and he wouldn't get in trouble for it." Police confirmed that Navarrete in fact held an active Class A license to carry firearms, and had purchased three firearms in early 2011: a .40 caliber pistol, a 9mm handgun, and a 5.56 caliber Stag Arms STAG-15 semi-automatic rifle. The other informant advised police that Dennis-

1 This factual summary is compiled from the totality of investigative materials gathered throughout the course of the investigation, and includes only the most pertinent facts of the case. It is not intended to be a comprehensive statement of all of the facts of this case.

Ramirez and Navarrete were selling "a ton of percs" and that Navarrete "has a gun and isn't afraid to use it."2 Based on this information, Mousseau requested permission to search Navarrete and Dennis-Ramirez's apartment for oxycodone, Percocet, drug paraphernalia and related evidence. Mousseau sought judicial authorization to execute the warrant during nighttime hours, and to dispense with the ordinary "knock-and-announce" requirement when executing a search warrant at a residence. In justification of these requests, he stated the following: Based upon my training and experience, I know that a firearm is a commodity that is held onto and kept readily accessible for protection. I also know that drug dealers commonly arm themselves to prevent robberies of their product and proceeds from rival drug dealers or from buyers. I also know that sometimes drug dealers, if given the opportunity, will arm themselves against the police who are executing search warrants. [A] No Knock Search Warrant... would allow the officers executing the search warrant the ability to make a safe, swift entry and prevent anyone inside the premise [from having] the time to arm themselves and fire at the Officers. This request would also prevent suspect(s), should they so choose, from firing a weapon and injuring a civilian in another part of the residence and/or other residences nearby. The cover of darkness maximizes the abilities of police officers to approach a premises without being detected. This in turn means that when search warrants are executed, the drug distributors are less likely to have an opportunity to jeopardize police officer safety or... destroy drugs kept for sale. I have viewed the target location involved in this investigation and I have found that it has windows which overlook entry doors, walkways and roadways approaching the premises which must be used by police officers to gain entry to said premises. Because of this, the ability of the occupants to detect police officers approach is made more likely as is it more likely that they can prepare to
Although not known to officers prior to executing the search warrant, their investigation would later reveal that on multiple occasions, neighbors had heard gunshots coming from within Navarrete and Dennis-Ramirez's second-floor apartment.
2

violently attempt to prevent officers from effecting their arrest and or take protective measures to destroy drugs.

After reviewing Mousseau's application and 16-page affidavit, an assistant clerk magistrate of the Orange District Court issued the search warrant, and granted his requests for the "no-knock" and nighttime provisions.
H.
The Entry & Shooting

Prior to executing the search warrant, Mousseau and fellow members of the Anti-

Crime Task Force met to review the operations plan, which called for the Massachusetts State Police Special Tactical Operations (STOP) Team to make the initial entry into the apartment and secure it. Several members of the Task Force and the STOP Team (including Trooper Baker) were already familiar with the physical layout of the secondfloor apartment at 18 Mechanic Street, having executed a search warrant there just two months earlier. At that time, Dennis-Ramirez's father, Kenneth W. Dennis, was occupying the apartment, and was found in possession of heroin, four shotguns, one rifle, assorted ammunition, and $1,076.00 in cash. Dennis-Ramirez assumed occupancy of the apartment following her father's arrest, with Navarrete staying there on a regular basis. Shortly before 5:00 a.m. on July 3, the STOP Team approached the south side of 18 Mechanic Street, where an exterior doorway leading to a stairwell to the second floor is located. The exterior door to the building was already open, which allowed the team to immediately ascend the stairwell leading to a landing outside the target apartment's exterior door. The first two members of the team were responsible for breaching the exterior door to the apartment, which they accomplished without much difficulty. Trooper Baker was the third Trooper in line, and served as the "cover officer" for the breachers as they forced open the door. Meanwhile, additional members of the search warrant team were positioned around the perimeter of the building, ensuring that no one else entered or exited the building during the execution of the warrant, and that no one inside the building threw narcotics or other contraband from the building in an attempt to prevent its discovery. Once the second-floor apartment door was forced open, the entry team proceeded into the apartment and announced their presence by repeatedly and loudly shouting, "State Police! Search Warrant!" This announcement was loud enough to be heard by 4

several members of the search warrant team posted outside the building, as well as an occupant on a different floor of the building. In addition, all members of the entry team were wearing gear that clearly identified them as law enforcement officers. Entry team members proceeded toward the front of the apartment, clearing various rooms along the way for anyone or anything that may pose a threat to the officers' safety. They continued yelling, "State Police! Search Warrant!" during the approximately ten seconds it took to reach the front bedroom, where Navarrete and Dennis-Ramirez were located. As Trooper Baker opened the door to the front bedroom, he encountered a bed directly in front of him, with the head of the bed to his left, and the foot of the bed to his right. Navarrete was lying on the side of the mattress closest to the door, facing Trooper Baker. Dennis-Ramirez was also on the mattress, lying to Navarrete's left. Navarrete was holding a loaded 5.56 caliber Stag Arms semi-automatic rifle in his arms, and was pointing it directly at Trooper Baker. Trooper Baker twice ordered Navarrete in a loud voice to drop the weapon, but Navarrete continued pointing the rifle at Trooper Baker. Fearing Navarrete might shoot him or one of his fellow officers, Trooper Baker discharged three rounds from his 5.56mm caliber Colt M4 service weapon. Two rounds struck Navarrete, causing fatal injuries from which he was later pronounced dead at Athol Memorial Hospital. As described by the Medical Examiner who later performed the autopsy upon Navarrete's body, the location and trajectories of both wounds were consistent with Navarrete being positioned as described by Trooper Baker at the moment he discharged his service weapon. Within seconds of the shooting, a tactical EMT on the STOP Team began administering aid to Navarrete as the remainder of the apartment was secured. DennisRamirez, who had leapt from the bed as Trooper Baker discharged his weapon, was also transported to Athol Memorial, where she was treated for an "abrasion/swollen area" beneath her right eye, and "small superficial wounds" to the right side of her back, which medical personnel at the hospital attributed to "metallic fragments." She was admitted to Athol Memorial at approximately 5:47 a.m., and was discharged at 8:47 a.m.

III.

Dennis-Ramirez's Account

During her stay in the hospital, Dennis-Ramirez provided a 27-minute recorded statement to Massachusetts State Police Detective Lieutenant Thomas Murphy, and Trooper Peter Holman and of the State Police Detectives Unit attached to the Northwestern District Attorney's Office. Dennis-Ramirez's mother was present during the interview. Dennis-Ramirez stated that she and Navarrete had gone to bed around 4:00 a.m. that morning. She awoke to a "crash-boom-bang" sound coming from the back door, after which she heard people yelling, "SWAT!" 3 Based on what was being yelled, she assumed it was the police making entry into the apartment. She jumped out of bed and put her hands in the air, and then heard four or "maybe five" shots. She stated she could not see what Navarrete was doing at that point because she had "popped behind the bed." When she turned around to see what had happened, Navarrete was lying dead on the bed. When asked by her mother whether she ever saw Navarrete holding a firearm, Dennis-Ramirez initially said that she did not know because she could not see what he was doing as she jumped from the bed and ducked down. As the interview went on, however, Dennis-Ramirez's account of what happened changed. She stated that Navarrete was actually standing at the end of the bed and by the door when "shots were fired everywhere." Contrary to what she said earlier, she now claimed she could see both of Navarrete's hands as he stood near the end of the bed, and that he was not holding a gun. When asked whether Navarrete kept a firearm in the bedroom, Dennis-Ramirez admitted that he slept with a pistol under his pillow "every night." She made no mention of the rifle Navarrete pointed toward Trooper Baker before he was shot. It bears noting that Dennis-Ramirez was, understandably, emotionally distraught at times during her interview at Athol Memorial Hospital. It was later discovered that Dennis-Ramirez also had several controlled substances in her system at the time of the interview.
3

Not a single member of the STOP Team that made entry into the target apartment that morning claimed to have yelled "SWAT" upon entering the apartment. As noted above, entry team members repeatedly and loudly shouted, "State Police! Search Warrant!" as they made their way into and through the apartment. It should be noted that the Massachusetts State Police does not refer to its STOP Team as "SWAT." 6

Dennis-Ramirez also revealed during her interview that earlier in the night, Navarrete had received a threatening voice message from someone on his cell phone. Law enforcement subsequently analyzed Navarrete's cell phone, and discovered the following voice message on it, which was left in the early-morning hours of July 3: "I already told you what the situation was, and you still haven't called me. Ah, I guess you think this is a game, you know what I'm saying? I'm just letting you know, um, there's gonna be a situation when you see me, and I'm not gonna have nothin' to say, know what I'm saying? You better make shit right. Imma cut your fucking face whenever the fuck I see you. I'm not gonna say a fucking word, and I'm gonna leave it at that." Having heard this voice message not long before the STOP Team gained entry into the apartment, Dennis-Ramirez initially thought that the "crash-bang-boom" sound coming from the apartment's back door had something to do with the threatening message, and speculated that Navarrete may have thought the same. However, when Dennis-Ramirez heard voices yelling "SWAT," she realized it was actually the police making entry into the apartment. Whether Navarrete made a similar realization cannot be said. At the conclusion of her 27-minute interview at the hospital, Dennis-Ramirez indicated a willingness to speak further with law enforcement about the circumstances surrounding the shooting. The Troopers provided her with a business card with their contact information, and invited her to contact them when she was ready to speak further. IV.

Scene Processing
Given the occurrence of the shooting, Detective Lieutenant Whitney applied that

same day to the Orange District Court for a separate search warrant to document and process the scene for any and all evidence related to the shooting. The warrant was granted that same morning by an assistant clerk magistrate of the Orange District Court. Prior to any evidence being collected, the entire scene was fully documented with video, photographs and diagrams. Three discharged shell casings from Trooper Baker's service weapon were observed in the vicinity of the doorway to the front bedroom. Ballistic and biological evidence was present at the head of the bed on the side nearest the

door, consistent with Navarrete being positioned as described by Trooper Baker at the moment he discharged his service weapon. Once the scene was documented, the search warrant team proceeded to execute both search warrants (i.e., Detective Lieutenant Whitney's warrant and Officer Mousseau's warrant). During the execution of the warrants, the following items of interest to this investigation 4 were located inside the apartment: 1. The weapon Navarrete pointed at Trooper Baker, identified as a 5.56 caliber Stag Arms STAG-15 semi-automatic rifle bearing serial number 143865, having a barrel length of 17.5 inches, with one (1) 30-round magazine and twenty-five (25) .223 Rem caliber live cartridges, which was recovered to the right-hand side of the mattress upon which Navarrete was lying:

2. One (1) 9mm Luger caliber Bryco Jennings Nine semi-automatic pistol bearing serial number 1358431, having a barrel length of 3.875 inches, with one (1) 12-round magazine and four (4) 9mm caliber live cartridges, recovered atop the mattress in the bedroom where the shooting occurred:

The returns filed for the two search warrants provide a complete and comprehensive inventory of all items seized under the warrants. 8

3. A large, double-edged hunting-style knife, located on the floor to the right of the mattress within arm's reach of where Navarrete was lying; 4. A black rifle case containing a 10-round magazine and a Tasco red-dot optic gun sight; 5. Fourteen (14) rounds of Federal .223 caliber ammunition; 6. Thirteen (13) 12-gauge shotgun rounds; 7. A tactical laser optic for a firearm; 8. A backpack bearing an "ES" logo, located on the bedroom floor to the right of the mattress, which contained: 9. A backpack bearing an "ES" logo, located on the bedroom floor to the right of the mattress, which contained: a. Over one hundred fifty (150) assorted tablets, most of which contained oxycodone, with a combined weight of over thirtysix (36) grams; and b. $4,385.25 in United States currency, in bundles and loose cash:

The following additional items of interest to this investigation s were located and seized inside a vehicle parked in the driveway to the residence: (a) a digital scale; (b) a white spoon coated with white powdery substance; and (c) eleven (11) rounds of Winchester .223 jacketed hollow-point ammunition. Based upon their training and experience, the narcotics investigators involved in this case formed the opinion that the quantity of narcotics located inside the backpack, the manner in which they were packaged, and the quantity of U.S. currency are consistent with an intent to distribute the narcotics, as opposed to being intended strictly for personal use. Furthermore, the quantity of class B narcotics discovered inside the backpack qualifies as trafficking weight, in violation of G.L. c. 94C, 32E(b)(2).
V. Additional Information

1. Trooper Baker's Training and Experience During the investigation into this matter, the Northwestern District Attorney's Office reviewed and considered Trooper Baker's experience as a member of the Massachusetts State Police. Trooper Baker has been a member of the Massachusetts State Police for twenty (20) years, and a member of the STOP Team for fifteen (15) years. During that time, he has regularly attended and successfully completed a vast array of trainings, both as an attendee and an instructor. This incident represents the first time in Trooper Baker's 20-year service with the Massachusetts State Police that he has been forced to discharge his service weapon in the line of duty (excluding trainings and range firings). 2. Massachusetts State Police "Use of Force" General Order In assessing the reasonableness of Trooper Baker's use of deadly force against Navarrete, the Massachusetts State Police's General Order regarding "Use of Force" (UOF-01) was reviewed and considered. In relevant part, the General Order states the
following:

See previous footnote.

10

a. "Members should assess each situation to determine which action shall best bring the incident under control, using only that amount of force that is reasonably necessary." b. "The [reasonableness] standard requires that the member's actions are objectively reasonable, in light of the facts and circumstances confronting them; it allows for the fact that members are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving." c. "Members are authorized to use lethal force in order to protect themselves or others from an immediate threat of death or serious bodily injury." d. "Warnings

If feasible, some warning shall be given before any use of

force." [Bold in original] 3. Attempts to Reinterview Dennis-Ramirez On September 11, 2013, Detective Lieutenant Whitney and Massachusetts State Police Sergeant John Cummings, the Executive Officer (i.e., second-in-command) of the State Police Detectives Unit attached to the Northwestern District Attorney's Office, made in-person contact with Dennis-Ramirez at her mother's residence in Orange, Massachusetts. Dennis-Ramirez had been staying there since being arrested on July 4, 2013, for operating a motor vehicle without a license. During a search of her property during booking, the Orange Police discovered twelve (12) syringes, two (2) plastic corner baggies containing heroin residue, and a plastic spoon containing heroin residue. Based on these items, Dennis-Ramirez was also charged with unlawful possession of a class A substance (to wit: heroin), and her case is currently pending in the Orange District Court. Detective Lieutenant Whitney and Sergeant Cummings's stated purpose in contacting Dennis-Ramirez was to see whether she was willing to be reinterviewed regarding the facts and circumstances surrounding Navarrete's shooting. DennisRamirez declined to speak with the Troopers at that time, indicating that she felt she should first consult with an attorney. Respecting her decision, the Troopers departed the residence, but made clear that they remained interested in speaking with Dennis-Ramirez should she change her mind. Three weeks later, on or about October 2, 2013, Dennis-Ramirez called the Northwestern District Attorney's Office inquiring why nobody had yet contacted her 11

regarding the Navarrete shooting. On Friday, October 4, 2013, the Director of the Office's Victim/Witness Assistance Unit returned Dennis-Ramirez's call and left two voice messages inviting Dennis-Ramirez to the District Attorney's Office on Monday, October 7, 2013 to discuss the case. Dennis-Ramirez never returned the messages, nor did she show for the October 7 meeting. Following the events of July 3, 2013, the Franklin Grand Jury commenced an investigation into the narcotics recovered inside the apartment, and on Friday, October 10, 2013, it returned indictments against Dennis-Ramirez charging her with trafficking in more than 36 grams of a class B substance, in violation of G.L. c. 94C, 32E(b)(2), and related charges. She was arrested on those charges that same day, and was recently arraigned in Superior Court. As previously noted, there are several glaring inconsistencies in DennisRamirez's 27-minute recorded interview regarding what transpired inside the apartment, particularly regarding Navarrete's position at the time of the shooting and whether he had a weapon in his hands. The physical evidence at the scene, as well as the findings from the Medical Examiner's Office, squarely contradict her claims that Navarrete was standing near the foot of the bed when he was shot. Moreover, the presence of multiple controlled substances in her system at the time of her statement casts further doubt over the credibility and reliability of her account.

DISCUSSION
A homicide is defined as "the killing of one human being by another." Webster's New World College Dictionary 646 (3 rd ed. 1996). Not all killings are unlawful, however. A killing "is excused and is therefore not a crime if it results from the proper exercise of self-defense." Model Jury Instructions on Homicide 54 (1999). "A homicide is also excused and is therefore not a crime, if it results from the proper exercise of the defense of a third person." Id. at 56. The Model Jury Instructions on Homicide also hold that "[a] person may use no more force than is reasonably necessary in all of the circumstances to defend himself... [and that] to defend oneself with a dangerous weapon likely to cause serious injury or death (or to use deadly force), the person using the weapon (or deadly force) must have a

12

reasonable apprehension of great bodily harm or death and a reasonable belief that no other means would suffice to prevent such harm." Id. at 54-56. Applying these principles to the facts of this case, Trooper Baker used an appropriate amount of force to defend himself and his fellow Troopers from an imminent risk of death. Despite the fact that the entry team loudly and repeatedly identified themselves upon gaining entry into the apartment, Navarrete made the unfortunate decision to arm himself with a loaded assault rifle, the most deadly of the three weapons within arm's reach of him. He then pointed the rifle directly at Trooper Baker, who, commendably, gave Navarrete an opportunity to drop the weapon by twice ordering him in a loud, clear voice to do so. Only once Navarrete failed to comply did Trooper Baker discharge his service weapon, thereby removing the threat to himself and other members of the entry team. Hindsight demonstrates that Officer Mousseau's decision to seek and obtain judicial approval for a no-knock, nighttime warrant was a prudent one. Had the officers been forced to approach the residence during daylight hours, or knock and announce their presence before entering, Navarrete may have had more time to better position himself (and his assault rifle) inside the apartment. As it was, during the approximately ten seconds it took the entry team to breach the apartment door and reach the front bedroom, Navarrete still had enough time to grab the weapon and point it toward the bedroom door. The difference of even five or ten more seconds of warning could have made the difference between life and death for one or more of the Troopers. Similarly, had law enforcement attempted to confront Navarrete outside his apartment, the public at large could very well have been endangered. Additionally, although not dispositive, it bears noting that Trooper Baker's use of lethal force complied with the Massachusetts State Police's General Order regarding use of force. Under the circumstances, Trooper Baker would have been justified in dispensing with the verbal warnings he issued to Navarrete prior to discharging his service weapon. His issuance of the warnings provided Navarrete with an opportunity to bring the situation to a peaceful conclusion; unfortunately, that opportunity was squandered. Trooper Baker was forced to make a split-second decision to protect himself and his fellow Troopers, and for the first time in his 20-year career as a Massachusetts 13

State Police Trooper, he was required to discharge his service weapon against another human being. Although Navarrete's death was certainly regrettable, it was justified under the circumstances.
CONCLUSION

For the foregoing reasons, and based upon a careful review of all credible information and evidence, Massachusetts State Police Trooper Michael H. Baker's fatal shooting of Corey J. Navarrete on July 3, 2013, in the town of Orange, Massachusetts, was justified and lawful, and did not violate any General Laws of the Commonwealth of Massachusetts.

vid E. Sulli Northwestern D . trict Attorney

Dated: October 17, 2013

14