By Ryan Spencer
THE KEENE SENTINEL
The law-enforcement officers who shot at a person of interest in a woman’s homicide, killing him in Brattleboro in July, were justified, the Vermont Attorney General’s Office said in a news release Monday afternoon.
That office and the Orange County (Vt.) State’s Attorney’s Office conducted independent reviews of the July 19 shooting of Matthew Davis, 34, of Fitchburg, Mass., the release states. Davis, who police had sought in connection with a woman found dead in her vehicle in Brattleboro that morning, had lunged at police with a knife, according to the release. (The Orange County State’s Attorney’s Office agreed to conduct the review after the Windham County State’s Attorney’s Office recused itself, the release states.)
Both independent reviews determined that the deadly use of force by Brattleboro police Officer Ryder Carbone and Vermont State Police Detective Sgts. Jesse Robson and Samuel Truex “was objectively reasonable and justified,” the release states. The two government offices declined to charge the three after reviewing all materials provided by State Police, according to the release. A State Police spokesman said in July that those materials included body-camera footage.
Around 11:30 p.m. on July 18, Massachusetts State Police requested assistance from the Brattleboro Police Department to locate Mary Anderson, 23, of Harvard, Mass., whose family had reported her missing the day prior, the release states. Foul play was suspected on the part of Davis, her ex-boyfriend, according to the release, which states Massachusetts police had discovered that her phone had connected to a Wi-Fi network somewhere in Brattleboro.
Around the same time, Massachusetts State Police had disseminated a missing person bulletin for Anderson that noted that Davis had a criminal record that included assault to kill, assault and battery and similar incidents in his history, the release states. A little more than an hour after being contacted by Massachusetts police, Brattleboro police located Anderson dead in her vehicle on Elliot Street in Brattleboro from a gunshot wound, according to the release.
Around 7:35 p.m. on July 19, a Vermont State Police officer in an unmarked vehicle observed a man matching Davis’ description walking east on Western Avenue (Marlboro Road) and Route 9, the release states. That officer continued to slowly follow and drive by Davis while waiting for backup to arrive, according to the release, which states that Davis apparently noticed the officer and ran out of sight onto Bonnyvale Road.
When Officer Carbone arrived in the area, he parked his car to shut down Bonnyvale Road and exited with a shotgun while Vermont State Police, including Sgt. Truex, took cover above a culvert where Davis had hidden, the release states. From the culvert below, Davis began yelling and held an object up with both hands as officers identified themselves as police and told him to come out with his hands visible, according to the release.
Davis swore at the officers, telling them to “come get me,” and soon ran from the culvert into the woods as Carbone and other officers — without success — ordered him to freeze, the release states. Officers pursued him south through the woods and up an embankment until one officer yelled “he’s got a knife,” at which point Carbone shouted “back up, back up,” according to the release.
Sgt. Robson observed Davis — who was behind a couple large trees but facing the officers — holding a knife in his right hand, the release states. About 10 times, officers ordered Davis to put the knife down and he replied “no” about six times, according to the release.
Robson said he heard Truex ask Davis, “Why did you kill her?” but did not hear a response, the release states, noting that Truex also saw a knife in Davis’ right hand.
Davis then charged downhill toward Truex and Robson from behind the tree with the knife displayed, according to the release. About one minute after Davis had first been ordered to stop, the first of several gunshots was heard, the release states, and Carbone’s shotgun was seen on camera being discharged three times.
A Vermont State Police officer later said that Davis made it about 15 feet from law enforcement before any shots were fired, according to the release. Robson and Truex also fired multiple rounds after Davis started running in their direction, the release states, adding that when he fell from being shot, he was about eight feet from Truex and a little more than 12 feet from Robson.
The last gunshot was heard about three seconds after the first, according to the release. The last gunshot was heard about three seconds after the first, according to the release. Lauren Jandl, chief of staff at the Vermont Attorney General’s Office, said Tuesday that Robson and Truex fired multiple rounds after Davis started running in their direction while holding the knife.
Jandl said Davis’ autopsy report from the Office of the Chief Medical Examiner indicated he suffered 10 shot wounds. She added the report described one wound as being inflicted by a shotgun and described the other nine as gunshot wounds.
Brattleboro paramedics arrived on scene and pronounced Davis dead about 12 minutes after he was shot, according to the news release, which states the knife was found under his left armpit.
The release cites Vermont state law related to police use of deadly force and states that the review by both offices found the situation justified the three law-enforcement officers’ actions. The law provides that any officer may use deadly force to repel an imminent threat when the officer objectively and reasonably believes that a person has the present ability, opportunity and apparent intent to immediately cause death or serious bodily injury, and another objectively reasonable officer in the same situation would conclude there was no reasonable alternative to the use of deadly force.
“At the time Mr. Davis charged Sergeants Robson and Truex, Mr. Davis was in an elevated position and there was a steep embankment behind the officers, making a safe retreat impossible under the circumstances,” the release states. “When Mr. Davis, rather than surrender or continue to flee, suddenly charged toward the nearby officers with his knife, there was no opportunity for the three officers to obtain less than lethal alternatives to their firearms.”
All three officers who fired their weapons were placed on administrative leave, per protocol, according to a news release issued at the time of the shooting. Robson and Truex were on paid administrative leave for about five days after the shooting and have temporarily served in administrative duty status since that time, which is standard protocol, a Vermont State Police spokesman said in an email Monday night. The spokesman said the two officers will return to full duty once the investigation is completed. The Brattleboro Police Department also did not return a request for comment about whether Carbone remained on leave.
Ryan Spencer can be reached at 352-1234, extension 1412, or [email protected]. Follow him on Twitter at @rspencerKS
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