The Commonwealth. of Matsachusells OFFICE OF THE DISTRICT ATTORNEY 218 South Main Steet Fall River, MA02721 (608) 997-0711, THOMAS M. QUINN lI DISTRICT ATTORNEY DISTRICT ATTORNEY’S FINDINGS AND CONCLUSION REGARDING THE FATAL OFFICER-INVOLVED SHOOTING OF ANTHONY HARDEN WHICH OCCURRED IN FALL RIVER ON NOVEMBER 22, 2021 BACKGROUND On Monday, November 22, 2021, at approximately 5:13 PM, a 22-year-old woman called the Fall River Police to report a domestic violence incident that occurred two days prior. Two Fall River Police Officers were dispatched to the woman’s residence and took her complaint. ‘There, the woman informed police that she was in a dating relationship with Anthony Harden. She stated that two day prior, Mr. Harden had choked her and struck her in face with a stick. The police officers documented injuries to the woman’s face and then proceeded to 120 Melville Street in Fall River to arrest Mr. Harden. Once at 120 Melville Street, the same Fall River Police Officers entered the building with assistance of the landlord. Approximately two minutes after entering the building, one of the responding officers sent a message over the radio that shots were fired and to send a medic. Asa result, within minutes numerous Fall River Police Officers and emergency medical personne! responded to 120 Melville Street. Mr. Harden was found with apparent gunshot wounds and was treated by medical personnel. Mr. Harden was initially transported by ambulance to Rhode Island Hospital but was rerouted to St. Anne’s Hospital due to his critical condition. All life- saving measures were unsuccessful and Mr. Harden was pronounced deceased by Dr. Forzano at 6:51 PM. THE INVESTIGATION ‘The death of Anthony Harden is being investigated by the State Police Detective Unit assigned to the Bristol County District Attomey’s Office under the direction of the Bristol County District Attorney's Office. The Bristol County District Attomey’s Office is responsible for making a determination as to whether a crime or crimes were committed during the death of Mr. Harden, This requires a determination of all the facts and circumstances surrounding the death of Mr. Harden, These facts and circumstances then must be applied to the relevant laws of the Commonwealth and applicable policies.‘The investigation has not yet come to a close for reasons described below. However, at this point the facts and circumstances and applicable law and policies are sufficiently known to report these findings and conclusions. At this time, approximately 20 civilian and law enforcement witnesses have been interviewed. All percipient witnesses to Mr. Harden’s death have been identified and they have been interviewed. The District Attomey’s Office does not expect to interview any additional witnesses. In addition, surveillance video, photographs, records and other physical evidence have been collected and reviewed. Some of the evidence that was collected is expected to undergo additional testing. Although this testing hasn’t been completed, the results, including toxicology results, will not impact the conclusions relating to the use of deadly force. ‘The following sections contain summaries of the applicable laws, facts discovered through the investigation, legal analysis, and conclusions. The Bristol County District ‘Attomey's Office intends to author a final report when all of the testing results are available. APPLICABLE LAWS DOMESTIC VIOLENCE POWER TO ARREST When a police officer has probable cause to believe an individual has committed a felony crime of violence and/or a domestic violence crime, it is preferred that the police officer arrest the perpetrator.' An Assault and Battery by Means of a Dangerous Weapon is a felony crime of violence where arrest is preferred.’ > A dangerous weapon can be something obviously dangerous like a gun or a knife, or an item that has everyday uses other than for violent acts if it is used by a perpetrator in a dangerous fashion. For example, a brick is ordinarily used as a building material; however it becomes a dangerous weapon if it is used to strike a person.* Likewise, an assault and battery on a family of household member is a domestic violence crime where arrest is preferred.* ° + "(a)rrest shall be the preferred response whenever officers...have probable cause to believe that a person has committed a felony" such as "Assault and Battery by means of a Dangerous Weapon" or “has committed a misdemeanor involving abuse" namely "Assault and Battery on a Family or Household Member.” See "Domestic Violence Law Enforcement Guidelines’, The Commonwealth of Massachusetts Executive Office of Public Safety p. 27 (2017); See also M.G.L c.209A s.6. 2 4g crime punishable by death or imprisonment in the state prison Isa felony.” M.G.L.c.274 s1. An Assault and Battery by Means ofa Dangerous Weapon is a felony because it carries @ potential penalty of “imprisonment in the state prison for not more than 10 years.” M.GLL 265 s.15A(b). * The elements of Assault and Battery by Means of a Dangerous Weapon are as follows: (1) That the defendant touched the person of the alleged victim; (2) That the defendant intended to touch {the alleged victim ; and (3): ‘That the touching was done with a dangerous weapon. See Instruction 6.300, “Criminal Model Jury Instructions for Use in District Court,” Revised December, 2019. “yam item that is normally used for innocent purposes can become a dangerous weapon fits used ina dangerous or potentially dangerous fashion.” See instruction 6.300. "Domestic Violence Law Enforcement Guidelines" at. P. 27 Page 2 of 11SELF DEFENSE/DEFENSE OF OTHERS The laws of the Commonwealth allow a person to act in self-defense or defense of another.’ Self-defense and defense of another, if warranted by the circumstances and carried out properly, constitute a complete defense.® The level of force used by a person acting in self- defense or defense of another must be commensurate to the level of the threat. Deadly force may be used to combat deadly force. However, deadly force may not be used to combat non-deadly force. Our laws, define deadly force as force intended or likely to cause death or great bodily harm and define non-deadly force as any force less than deadly force.” PRIOR BAD ACTS Generally, the law does not allow admission of prior acts of violence in a prosecution. However, when there is an issue of self-defense or defense of another, evidence of prior violent acts becomes relevant to the issue of first aggressor when the prior acts of violence show a propensity for initiating violence.'° In Massachusetts prior acts of violence committed by the © The elements of Assault and Battery on a Family or Household member are as follows: (1) That the defendant touched the person of [the alleged victim] ; (2) That the defendant intended to touch [the alleged victim); (3) That ‘the touching was either likely to cause bodily harm to [the alleged victim} , or was offensive; and (4) That the defendant and [the alleged victim] were family or household members at the time of the offense. See Instruction 6.275, “Criminal Model Jury Instructions for Use in District Court,” Revised June, 2019. A family or household member includes "(p}ersons who are or have been in a substantive dating...relationship.” "Domestic Violence Law Enforcement Guidelines" at 9. Society wishes to encourage all of us to come to the ald of each other when that is necessary. Therefore, a person may use reasonable force when that is necessary to help another person, ifit reasonably appears that the person. being aided is in a situation where the law would allow that person to actin self-defense... The elements of defense ‘of another are: “An actor is justified in using force against another to protect a third person when (a) a reasonable person in the actor's position would believe his intervention to be necessary for the protection of the third person, ‘and (b) inthe circumstances as that reasonable person would believe them to be, the third person would be justified in using such force to protect himself.” Commonwealth v. Young, 461 Mass, 198, 208 (2012), quoting Commonwealth v. Martin, 369 Mass. 640, 649 (1976). “The reasonableness of the belief may depend in part on the relationships among the persons involved.” Martin at 649. "(T)he circumstances must be viewed from the perspective of the intervening [person], not of the third party.” Young at 209. * See Commonwealth v. Mejia, 407 Mass. 493, 496 (1990) (self-defense). See also Commonwealth v. Johnson, 412 Mass. at 370-373 (1992) (defense of another). ° «The proper standard for determining whether particular actions were justifiably undertaken in self-defense ‘depends on the level of force he used on his victim and the circumstances that prompted those actions." Commonwealth v. Pike, 428 Mass. 393, (1998). If deadly force were used then the deadly force standard should be applied. See Commonwealth v. Houston, 332 Mass. 687, 690 (1955). ** Where the identity ofthe first aggressor is in dispute, the accused may offer evidence of specific incidents of violence allegedly initiated by the victim, or a third party acting in concert with or to assist the victim, whether known or unknown to the accused, and the prosecution may rebut the same in reputation form only.” Mass.G.Evid. § 404(a)(2)(8) (2008-2009). Accord, Commonwealth v. Pring-Wilson, 448 Mass. 718, 863 N.E.2d 936 (2007); Commonwealth v. Adjutant, 443 Mass. 649, 824 N.E.2d 1 (2005). The alleged acts must be more probative than prejudicial. Admission of specific acts of violence is preferred over more general evidence of a victim's reputation for violence. Adjutant, supra. Such evidence must be otherwise admissible under the rules of evidence, ‘and the judge has discretion to limit additional cumulative evidence. Commonwealth v. Clemente, 452 Mass. 295, 306 & n.18, 893 N.E.2d 19, 32 & n.8 (2008) Page 3 of 11deceased will be admitted at trial as evidence showing who was the first aggressor in an incident. This evidence is admissible whether or not these person who resorts to self-defense was aware of the history at the time of the incident. ANTHONY HARDEN’S BACKGROUND ‘The investigation revealed that Anthony Harden previously engaged in acts that are relevant to determining the first aggressor and issues of self-defense and defense of another.'' At the time of his death, Anthony Harden was a 30 year old resident of Fall River. During the time leading up to his death, Mr. Harden resided in an apartment at 120 Melville Street with his twin brother and the owner of the building. At the time of his death, Mr. Harden was on a GPS bracelet and confined to his home. This was the result of pending charges involving a physical assault on his wife from November of 2019 in the Fall River District Court. In that case, Fall River Police responded to St. Anne’s Hospital in Fall River and spoke with Mr. Harden’s wife, Mr. Harden’s wife told police that Mr. Harden punched, slapped and strangled her during a dispute. She further told police that Mr. Harden took her phone, accused her of cheating, and threatened her with a knife. Police observed and photographed the following injuries on Mr. Harden’s wife: a swollen and bruised right eye; bruising and scratch marks on neck, chest, and arms; and bruising on her inner thigh areas. The injuries observed on Mr. Harden's wife’s face and body were consistent with her description of the assault that Mr. Harden perpetrated on her. As a result of this assault, Mr. Harden’s wife sought and was granted a restraining order. ‘After taking the complaint from his wife, police responded to Mr. Harden’s residence. When police knocked at the front door of his home, Mr. Harden opened the door. After the door was opened, police observed Mr. Harden screaming while holding his five-month-old daughter and a small sword. When police observed this behavior, his possession of a weapon, and the infant child, the police backed away from the door. Mr. Harden then closed and locked the door, requiring the police officers to later make a forced entry into the apartment. After gaining entry into the apartment and making repeated commands, Mr. Harden eventually dropped the sword. ‘Although he no longer had the sword, Mr. Harden refused to put the infant down and comply with police requests, During this time, Mr. Harden repeatedly threatened the police with “squeezing [the infant] to death” if the police tried to “rush” him. During this time, Mr. Harden also made several statements about committing suicide, After three and a half hours of a standoff, Mr. Harden eventually agreed to hand his child to a police officer and he was taken into custody. » The investigation revealed additional prior violent acts of Mr. Harden that were not considered in the Bristol County District Attorney's Office's analysis as these acts may not be relevant under the law described in the preceding section in determining the first aggressor issue. Page 4 of 11As a result of these incidents, Mr. Harden was charged with domestic violence offenses and reckless endangerment of a child. After a dangerousness hearing in the Fall River District Court, a judge released Mr. Harden on a GPS bracelet and ordered him confined to his home. ‘That home was 120 Melville Street where Mr. Harden resided at the time of his death. This criminal case was scheduled for trial in December. During the pendency of this case, Mr. Harden was found in violation of his terms and conditions of release by communicating threats to his wife. Mr. Harden’s girlfriend told investigators that she believed he had mental health issues. To her knowledge, Mr. Harden was not being treated. Mr. Harden’s brother believed that Mr. Harden was diagnosed with ADHD and did not believe him to be on any medication. Other family members indicated that Mr. Harden was actively seeking mental health treatment but was not currently receiving services or on any medication. REPORT FROM MR. HARDEN’S GIRLFRIEND On Monday, November 22, 2021, Mr. Harden’s girlfriend was interviewed by investigators. Mr. Harden’s girlfriend described that an incident occurred two days prior, November 20", at Mr. Harden’s apartment.’ She told investigators that Mr. Harden accused her of cheating, knocked her to the bed and struck her in the face with a painted wooden stick. At some point, she was able to free herself. She grabbed her keys and exited the apartment. At this point, she realized that she did not have her phone and yelled at Mr. Harden to give it back to her, Instead of giving her phone to her, Mr. Harden responded by throwing a potted plant at the ‘woman which smashed on the ground, Mr. Harden’s girlfriend left his apartment and did not initially report the matter to police. On November 21st, Mr. Harden’s girlfriend returned to his apartment to retrieve some of her personal items, including her phone. At that time, Mr. Harden provided her with some of her personal items, but still would not return her phone. She eventually left without her phone. The following day, November 22™, she again went to Mr. Harden’s apartment for the purpose of retrieving her phone and remained outside of his apartment.'? Mr. Harden gave her the phone back. When she received the phone back, she noticed that it was wet. She noted that it smelled of acetone, and contained markings such as Mr. Harden’s name. During this encounter, Mr. * in a recorded interview after Mr. Harden's death, Mr. Harden’s girlfriend told investigators that the incident she reported to police was not the only instance where Mr. Harden had been abusive. She indicated that over the course of their two year relationship, Mr. Harden struck her with open and closed fists and threatened her with knives and a sword. She described on how one occasion Mr. Harden pushed the sword into her stomach causing a bruise and cuts to her fingers as she tried to remove a sword from her stomach. in another incident, Mr. Harden’s girlfriend described how Mr. Harden pushed her into the bathroom, causing an injury to her knee and leg. She further described how Mr. Harden “squeezed soap all over (her)” because he said she had a filthy mouth. These incidents were not reported to the police until after Mr. Harden's death. Mr, Harden’s girlfriend told investigators that she knew that Mr. Harden could not leave his building due to the GPS bracelet restrictions. She further stated that she was afraid of Mr. Harden when he was “raged up” and that he would “definitely kill (her).” She stated that Mr. Harden had told her that he would kill he. Page 5 of 11Harden told his girlfriend “if (she) calls the police (he) will die.” This statement was also made to her the day before. Mr. Harden’s girlfriend believed that on November 22™ and potentially November 21°, that Mr. Harden recorded their encounter. She believes that Mr. Harden did this to show that she ‘was crazy because she was yelling at him. Harden’s brother told police that he saw a recording, ‘on Mr. Harden’s phone that showed Mr. Harden’s girlfriend was “yelling stuff.”'* After Mr. Harden’s girlfriend drove home, she discussed the matter with her sister and decided to call the police. She indicated that two Fall River Police officers —a male and female- responded to 130 Lowell Street after she called the police station Mr. Harden’s girlfriend told the police officers what occurred two days prior and the police officers photographed her injuries. When asked if Mr. Harden had any weapons, Mr. Harden’s girlfriend told the police no, but that Mr. Harden could use anything as a weapon. (CIDENT AT 120 MELVILLE STREET After receiving the complaint from Mr. Harden's girlfriend and documenting her injuries, the two Fall River police officers made their way to 120 Melville Street to arrest Mr. Harden. At 6:05:29 PM, the male officer radioed that he and the female officer were heading to 120 Melville Street. Prior to this date, neither police officer was familiar with Mr. Harden or 120 Melville Street. At 6:14:35 PM, a surveillance camera outside of 120 Melville Street recorded the arrival of the officers.'* Within seconds of their arrival, the male officer radioed that he and the female officer had arrived at 120 Melville Street. The police officers knocked on the front door of the residence and spoke with the owner of the residence, telling him the purpose for their visit. The owner, after securing a dog, let the two police officers into the building and pointed out where Mr. Harden’s room was located. ‘The police officers made their way to Mr. Harden’s room, which had no door on it. The room was a small, cluttered bedroom with numerous items on a desk and the floor. The male police officer knocked on the frame of the door and announced his presence. At this time, Mr. Harden was sitting in a chair with the small desk in front of him. The male police officer told Mr. Harden that he needed to speak with the police. Mr. Harden indicated that he knew why the police were there and that they needed to see a cell phone video.'* The male police officer again asked Mr. Harden to step outside and talk with him. Mr. Harden responded that he was charging his bracelet and that he was not coming with the police. The male police officer saw that Mr. * investigators recovered Mr. Harden's phone but have not been able to access its content. Investigators have used multiple software programs designed to access the phone, but at this time have been unsuccessful in ‘accessing the contents of the phone. 5 120 Melville has a surveillance system for the exterior of the building. No known recordings exist ofthe interior of 120 Melville Street, hr, Harden’s phone is password protected and law enforcement's efforts to gain access to the phone's contents have not been successful. Page 6 of 11,Harden’s emotional state was escalating and believed that Mr. Harden was not willing to cooperate with the officers, The male officer told Mr. Harden that he was going to be placed under arrest and the male officer began to undo the button on his belt to release his handcuffs. While this conversation was occurring, both police officers were inside Mr. Harden’s room standing against a wall by his doorway. ‘The male officer was approximately 4 and ¥ to 6 feet away from Mr. Harden, The female officer was standing to right of the male officer. ‘At this point, Mr. Harden reached toward the desk and grabbed an item with his right hand. The male police officer did not see what Mr. Harden grabbed. The female police officer saw that the item was metallic, pointed and she believed it to be a knife. After grabbing this item, Mr. Harden tuned his body toward the male officer, sprang to his feet and quickly moved towards the male police officer. Both officers described that Mr. Harden raised his right hand above his head and came down at the male police officer’s head and neck area. The male police officer was able to thwart Mr. Harden’s blow with his left forearm. The male police officer attempted to punch and push Mr. Harden with his right hand to stop the attack. These attempts were unsuccessful. Mr. Harden repeatedly attempted to stab the male police officer in the neck and head area with what was now confirmed to be a knife. The male police officer described Mr. Harden as being on top of him when this occurred, and that he was pinned against the wall. The male police officer indicated that he was not able to gain solid footing due to the clutter under his feet and between his feet and the wall. As a result, the male police officer had no leverage and his upper body remained pinned against the wall while he was defending himself. ‘The male police officer stated that he used his left forearm to block Mr. Harden’s right hand from connecting with his head and neck during the numerous blows. Both officers believed Mr. Harden was going to kill the male police officer. As a result of observing Mr. Harden assaulting the male police officer, the female officer fired two shots from her service weapon. After being shot, Mr. Harden turned and looked at the female officer and fell over. At 6:17:08 pm, the male officer put out a radio call for shots fired and officer in need of assistance. At 6:17:20 pm, the patrol sergeant radioed that all units are directed to 120 Melville Street and to keep the radio channel clear. While the Sergeant was on the radio, the channel was not accessible to other officers. At 6:17:30 pm, the male officer called over the radio for an ambulance. At 6:18:49 pm, two police officers sent a message over the radio that they arrived at 120 Melville Street. At 6:19:02 pm, the female officer at 120 Melville Street sent a message over the radio that there was another male upstairs. At 6:19:09 pm, surveillance video showed additional officers arriving to 120 Melville Street. The first Fall River Officer to arrive at 120 Melville Street after report of shots fired was a Sergeant who found the two initial officers with their weapons drawn and pointed in the Page 7 of 11direction of the bedroom. The male officer told the Sergeant, “That guy just tried to Kill me with aknife!” The Sergeant drew his weapon, entered the bedroom and observed Mr. Harden laying on the floor just inside the doorway. The Sergeant observed Mr. Harden laying on his belly, ‘groaning and still moving his hands. The Sergeant told Mr. Harden to stop moving his hands and attempted to secure Mr. Harden in handeufis with the assistance of an officer that had just arrived. While the police officers attempted to put handcuffs on him, Mr. Harden attempted to pull his hands away from the Sergeant and tuck his hands under his body. Ultimately, Mr. Harden was handcuffed and the Sergeant called for someone to grab a medical bag and render aid, Fall River Officers began arriving quickly to 120 Melville Street. These officers tended to Mr. Harden and also cleared the other rooms in the house. The owner of the home was found upstairs and Mr. Harden’s brother was found in a nearby bedroom. At 6:22:40 pm, Fall River Emergency Medical Services (EMS) arrived at 120 Melville Street and was treating Mr. Harden at approximately 6:25 pm. Fall River EMS personnel reported finding Mr. Harden “handcuffed on floor laying supine, alert, airway open clear and secure, palpable carotid pulses, c/o shortness of breath.” At the EMS request, Mr. Harden was tuncuffed and two “penetrating holes” were observed on Mr. Harden’s “lower chest/flank area...” Two Fall River Police Officers assisted EMS in moving Mr. Harden to a backboard. While doing so, one of the Officers located a stainless steel knife with a black handle next to Mr. Harden’s body. This Officer removed the knife from the ground and placed it on the desk in the bedroom. The other Officer who assisted in moving Mr. Harden also observed the knife after it was removed. ‘A chest needle decompression on Mr. Harden’s left side was initially “unsuccessful due to the patient being combative and swatting EMS hand.” A second attempt was successful. Initially, EMS began to transport Mr. Harden to Rhode Island Hospital, but they were rerouted to St. Anne’s Hospital after Mr. Harden’s condition worsened. At St. Anne’s Hospital, life-saving ‘measures were unsuccessful. At 6:51 pm, Mr. Harden was pronounced dead. During a subsequent interview of Mr. Harden’s brother, he indicated that he was in his, bedroom with a dog when Mr. Harden encountered the police. The brother heard the landlord say that the police were here. The brother then described hearing some words spoken between Mr. Harden and police. Mr. Harden’s brother heard Mr. Harden say he wanted to show the police the video he recorded of his girlfriend. At some point, Mr. Harden’s brother heard a man say “Stop Resisting”, some scuffling noises and then two pop noises. During a subsequent Page 8 of 11interview of the landlord, the landlord indicated that after he let the police into the home, he went upstairs to his bedroom. A short time later he heard a commotion and three gun shots.'7 During a subsequent search of Mr. Harden’s residence investigators recovered two spent shell casings, consistent with the two shots being fired from the female officer. In addition, investigators recovered a steak knife from the bedroom desk. ‘The location was consistent with where the Officer indicated the knife was placed after it was removed from where it was seen next to Mr. Harden. A brass backing of a pin was recovered from Mr. Harden’s room. This backing was consistent with one that belonged to the male officer’s uniform as described in the next section. Lastly, a painted stick was observed near Mr. Harden’s bed that appeared to consistent with what Mr. Harden’s girlfriend said Mr. Harden used to strike her. OFFICER UNIFORMS AND WEAPONS ‘The male Fall River Police Officer that responded to 120 Melville Street was wearing a full Fall River Police Uniform with markings that identified him as a police officer. This Officer ‘was assigned a department issued .40 caliber service weapon with a 15 round magazine that was fully loaded and two additional 15 round magazines that were also fully loaded. At the start of his shift, this Officer's Lieutenant examined his service weapon and found no issues. This Officer also had oleoresin capsicum (OC) spray, a taser and a baton. This Officer completed his annual firearms re-certification on September 28, 2021. ‘The upper portion of the male Police Officer’s uniform was collected after the shooting. In part, this collection included a vest with body armor. On each shoulder of the uniform there ‘was an epaulet for holding a radio or other item. Upon examination, the epaulet on the officer's right shoulder was partially torn, On the right side of the officer’s uniform shirt, there was a pin with two backings. One of the brass backings was missing and was recovered in Mr. Harden’s room during a subsequent search, In addition, there were two apparent scratch marks on the Officer’s left cuff. The male officer’s weapon was seized by police and determined to have 15 rounds of ammunition, consistent with the weapon not being fired. The female Fall River Police Officer that responded to 120 Melville Street was wearing a full Fall River Police Uniform with markings that identified her as a police officer. This Officer was assigned a department issued .40 caliber service weapon with a 15 round magazine that was fully loaded and two additional 15 round magazines that were fully loaded. At the start of his shift, this Officer’s Lieutenant examined her service weapon and found no issues. This Officer also had oleoresin capsicum (OC) spray and a baton, but did not have a taser. This Officer completed her annual firearms re-certification on October 14, 2021. Investigators can only reasonably conclude two shots were fired. Two spent shell casings were recovered in Mr. Harden's bedroom, two live rounds were missing from the female officer's service weapon, and two entry wounds were observed on Mr. Harden’s body by medical staff. There was no other evidence that a third shot was fired. Page 9 of 11‘The female Officer's department issue weapon was collected and inventoried. The magazine contained 12 rounds of ammunition and one additional live round of ammunition was chambered in the pistol. This is consistent with the Officer firing two of the 15 rounds in her weapon, FALL RIVER POLICE DEPARTMENT’S USE OF FORCE POLICY The Fall River Police Department's internal policy regarding the use of force is contained in a document entitled “Use of Force ~ Lethal and Less Lethal”, Policy Number: C04-59. The policy provides the “rationale for the use of force is always to maintain and/or reestablish control over a volatile situation...” and that “particular force option shall terminate, when it is deemed to be objectively reasonable that a subject is fully within the law enforcement officers’ control.” C04-59, p. 3. The policy further defines “deadly force” as “physical force that can reasonably be expected to cause death or serious physical injury.” C04-59, p. 3. The policy indicates that a “law enforcement officer shall not use deadly force upon a person unless de-escalation tactics have been attempted and failed or are not feasible based on the totality of the circumstances...” C04-59, p. 6. According to the policy “(s)ome commonly used proactive approaches to stabilize a situation are: Verbal persuasion, Warnings, Slowing down the pace of the incident, waiting out a person, creating distance between the officer and a threat.,.and Requesting additional resources...” C04-59, p. 6. Under the policy an “officer is authorized to use deadly/lethal force only in the following circumstances and if there is no other reasonable alternative available: 1. The officer has objectively reasonable belief that deadly force is necessary to protect themselves or another person from a subject who is posing a current, active and immediate threat of death or serious bodily injury. 2. The officer objectively believes that using deadly force would not unnecessarily endanger innocent people.” C04-09, p.10. LUSK Based on the facts and circumstances described above, the following determinations can be made: ‘The Fall River Police had probable cause to believe that Anthony Harden committed an Assault and Battery on a Family or Household Member and an Assault and Battery with a Dangerous Weapon. As a result, the Fall River Police had lawful authority to arrest Mr. Harden on these charges. The two Fall River Police Officers lawfully entered 120 Melville Street with the consent of the owner. Afier the two Fall River Police Officers encountered Mr. Harden and informed him that he was being arrested, Mr. Harden suddenly and violently attacked the male police officer with a knife. Mr. Harden’s attempts to use deadly force to stab the neck area of the Page 10 of 11officer could reasonably be expected to cause death or serious injury. The male Fall River Police Officer stated that Mr. Harden’s attack caused him to fear for his life. This fear was reasonable based on Mr. Harden’s attempt to stab the male officer in the head and neck. Similarly, the female Fall River Police Officer was reasonable in her belief that Mr. Harden used deadly force against the male officer and that the male officer’s life was in jeopardy. The female Fall River Police Officer shot Mr. Harden twice in his left side, in order to prevent Mr. Harden from causing serious bodily injury and/or death of the male officer. ‘The Fall River Police Officer’s use of force was consistent with the Fall River Police Department's internal policy regarding the use of force and consistent with the law of self- defense and/or defense of others. Due to the sudden and violent nature of Mr. Harden's unprovoked attack, de-escalation tactics were not feasible based on all the circumstances. The use of force was not excessive because two shots were reasonable under the circumstance to prevent the officer from suffering seriously bodily injury and/or death. Based on a review of all the facts and circumstances related to this incident, there is no basis to conclude that either Fall River Police Officer committed a crime. The fatal shooting of Mr. Harden by a Fall River Police Officer was justified and was the result of Mr. Harden’s violent and armed assault on the male police officer. Page 11 of 11