By Mike Dougherty, VTDigger.org
The Vermont Attorney General’s Office will not file charges against the police officers involved in a fatal shooting in January on the grounds of Montpelier High School.
Police shot and killed Nathan Giffin, 32, of Essex, following a nearly hour-long standoff. Giffin had fled to the high school grounds after allegedly robbing the Vermont State Employees Credit Union across the street.
A review by the Attorney General’s Office states that officers were justified in opening fire, believing “that Mr. Giffin presented an imminent threat of death or serious bodily injury.”
“There will be no charges against any of the police officers involved in the shooting,” Attorney General TJ Donovan said on Tuesday.
Giffin was armed with what police believed was a handgun. It was later identified to be a BB gun and contained no ammunition.
The report, along with previously unreleased police video, paints a picture of a suspect who believed the encounter would end in violence.
“I’m gonna shoot you or you’re gonna shoot me,” Giffin told officers, according the report.
“This is going to end, I’ve waited long enough,” he said later on. “Someone’s not going home.”
One officer, Sgt. Eugene Duplissis, said that Giffin had threatened officers with violence.
The report states that in the moments leading up to the shooting, Giffin advanced towards Sgt. Cory Lozier. The officer ordered Giffin to stop advancing and drop the gun.
Giffin did not respond.
Lozier fired the first shot, which struck Giffin in the chest. Trooper Christopher Brown fired four more shots. Giffin fell and dropped his weapon.
One officer shouted for others to hold their fire.
Still on the ground, Giffin retrieved the BB gun. “Nate, don’t move!” one officer yelled.
As Giffin pointed the BB gun, four more officers opened fire. Giffin raised the weapon once more, and another officer fired.
Police fired a total of 21-23 shots. Giffin was hit seven times. He was pronounced dead later that morning.
Col. Matthew Birmingham, director of the Vermont State Police, said non-lethal options were not an option in this case. Non-lethal ammunition, like plastic bullets or bean bag rounds, have a short range and would not have reached the suspect.
The department now plans to invest in new “less-lethal” technologies, he said, including longer-range projectiles and chemical munitions.
Birmingham also announced new recommendations regarding the department’s use of force policy.
“It’s really a living document,” he said. “We are always evaluating it after every use of force situation.” Birmingham acknowledged that the policy was not formally reviewed after a fatal shooting in Poultney last September.
In addition to the expansion of less-lethal weapon systems, tactical team members will receive additional training on techniques for dealing with critical incidents. The department also plans to expand the use of body and vehicle cameras, and conduct training for all officers in de-escalation.
The new recommendations follow a report issued last week that suggested officers involved in critical incidents be placed on longer periods of leave, then administrative duty, while such incidents are under review.
All officers involved in the Montpelier incident have been returned to regular duty except for Trooper Christopher Brown. Brown opened fire in two other fatal shootings in a six-month time span. He is currently on administrative duty.
Birmingham said the state police will now conduct a formal internal affairs investigation to evaluate whether the involved officers followed department policies.
Donovan said that from a legal standpoint, Giffin’s advancing on the officers and ignoring their verbal commands justified their opening fire in defense.
“The legal analysis is really those seconds,” he said, “based on what a reasonable person in that circumstance would view of whether or not an imminent threat of death or serious bodily injury is present. And our determination is, it was.”
Donovan commended officers for their handling of the standoff.
“Members of the Montpelier Police and the Vermont State Police…I think did a tremendous job in trying to talk to Mr. Giffin and trying to de-escalate the situation,” he said.
Donovan said he called Giffin’s father on Monday to inform him of the decision. Giffin’s relatives could not immediately be reached for comment.
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