Criminal Justice Department Says Manchester Officer Was Correct In Returning Fire During October Chase

MANCHESTER, CT — A Manchester police officer was justified in returning gunfire during a pursuit last October, a Division of Criminal Justice investigation has found.

The report was released Monday.

Charged in the case is 40-year-old Manchester resident Samuel Lee, who is currently in custody on a $1 million bond and is slated to return to jourt on July 22, judicial system records show.

Lee has been charged with criminal attempt at assault in the first degree, assault on public safety personnel, criminal possession of a firearm, unlawful discharge of a firearm, interfering with police, driving while under suspension, reckless driving and the improper use of a marker plate.

The case on. Oct. 28 — a Saturday — at 1:42 a.m. According toa warrant, a Manchester police officer on routine patrol
initiated a traffic stop on a vehicle in the area of 335 Center St., according to an incident report.

The driver initially stopped, but then fled the scene, according to an incident report.

As the vehicle approached the entrance to I-84 westbound from West Middle Turnpike, officers deployed stop sticks that successfully slowed the vehicle, but the driver continued westbound on the highway, according to an incident report.

While traveling on I-84, the driver began shooting at pursuing officers, according to an incident report.

A Manchester officer returned fire, striking both the vehicle and driver, according to an incident report.

The vehicle then came to a stop on the highway, where officers immediately rendered medical aid before the driver was transported to an area trauma hospital for further treatment, according to an incident report.

In accordance with state law, the Connecticut Office of the Inspector General was notified and assumed responsibility for investigating the officer-involved shooting, police said.

According to the DOJ report, the Lexus driven by Lee was stopped because it had an improper marker plate.

Said the report:

"If this were the only violation involved, his flight would not have justified a pursuit. When Lee nearly drove over Officer (Israel) Rivera as he drove away, however, Officer Rivera had a reasonable suspicion that Lee had committed a crime of violence. Under these circumstances, Manchester Police Department policy authorized a vehicle pursuit.

"The police effectively used spike strips to partially disable the Lexus as it entered I-84 Westbound. Lee’s determination to escape is evident from the fact that, even with three flat tires, he continued to flee. This determination was further manifested when Lee veered left from the right lane and fired six rounds at the pursuing officers. The location of I-84 is relevant. This is a major interstate highway that, even in the early morning hours, had moderate vehicular traffic. Officer Busse was operating the police cruiser closest to Lee when Lee opened fire. Officer Busse believed that the gunshots posed a lethal threat to him, other officers, and the motoring public on I-84.

"He further believed that he needed to use deadly force to meet that threat. He therefore returned fire.

"These were reasonable beliefs. A reasonable police officer would perceive the actual firing of a gun in the direction of the officer and others nearby as a circumstance where the use of deadly force would be necessary to meet the threat.

"In sum, (the DCJ) concludes that the use of deadly physical force by Officer Kyle Busse was objectively reasonable in response to the use of deadly physical force used by Samuel Lee. I therefore find that Officer Busse’s actions were legally justified.

"Accordingly, (The DCJ) office will take no further action with respect to this matter.