Cop Cleared in Shooting of New Milford Man: Report

NEW MILFORD. CT — The use of deadly force by a police officer that resulted in the death of a New Milford man last year was justified, according to a report just released by State's Attorney Stephen J. Sedensky.

On August 28, 2017, members of the New Milford Police Department responded to a 911 call. In the course of that response Kostatinos (Gus) Sfaelos ran into the woods near his home at 47 Outlook Road carrying a shotgun. He disobeyed a request from the police to drop the weapon, and was shot once by New Milford Police Officer Christopher Hayes. Sfaelos later died of this injury.

The 20 gauge shotgun had been unloaded, and Sfaelos had three 12 gauge shotgun shells in his pocket.

The summary of the report reads in part:

"It was objectively reasonable for Officer Hayes to assume the gun was loaded and capable of firing projectiles that could kill him or those around him. It should be noted that Ofc. Hayes fired only one shot, that which he reasonably believed to be necessary to stop Mr. Sfaelos from killing or injuring others or Ofc. Hayes. It is the reasonable belief of the officer at the time he is called to act. The fact that the gun was unloaded is not part of the analysis.

"Based on the facts of this case, as determined from the Connecticut State Police investigation, including witness statements, the 911 call, the Medical Examiner’s autopsy report and correspondence and conversation with Mrs. Sfaelos, this State’s Attorney has determined that Officer Christopher Hayes subjectively believed that deadly physical force was necessary and that belief was objectively reasonable under our law. "

Sfaelos had recently lost his job at Costco, and despaired of ever finding another one as good, according to the testimony of his wife detailed in the report. Sfaelos had threatened to kill himself, which prompted the 911 call from his sister-in-law.