Commonwealth Lawyer Declares Prince William Officers ‘Justified’ in Dec. 10 ‘Officer-Concerned Capturing’

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Commonwealth Attorney Declares Prince William Officers 'Justified' in Dec. 10 'Officer-Involved Shooting'

Amy Ashworth newly elected Commonwealth attorney.

Amy Ashworth, attorney for the Prince William Commonwealth, found that five Prince William County officers were “justified” in firearms in which Kurtis Kay Frevert, 79, of Dumfries was killed on December 10th.

The meeting took place in front of the man’s house in Dumfries on the 3600 block of Secret Grove Court.

That evening, Prince William’s police had answered an emergency call from the Frevert’s wife saying he was suicidal. Officers fired at Mr. Frevert after he aimed a gun at them.

“When the officers got home, the husband had left the residence and was reportedly walking around town with a gun. The officers asked the Fairfax County Police for helicopter assistance to help with the search, ”reported Sgt. Jonathan Perok on the night of December 10th.

“Members of the Crisis Intervention Team and the Co-Responder Unit were on site. When the officers were looking for the husband, the helicopter found him in a nearby wooded area where he was seen walking back to the residence, ”Perok wrote in a police report. “Officers met the husband near the front door of the residence, still armed with guns.”

In a letter to Lt. Col. Jarad Phelps on December 24th and leaked to the media on December 28th, Ashworth stated that the law enforced “self-defense” as Frevert had a gun pointed at them and shouted, “Shoot me.” ! “

“The actions of the deceased as he approached the officers with his arm raised and a gun in hand left the officers with no choice but to use lethal force,” Ashworth said. “Accordingly, I find that the use of lethal force in the circumstances of this tragic encounter was both justified and reasonable.”

Ashworth explains that she reached her decision after reviewing thousands of pieces of evidence. She concluded that the deceased had aimed his gun at the officers and it was reasonable for her to assume that their life was in danger.

“In this incident, the danger posed by the deceased was real. It is clear that the officers feared imminent bodily harm when the subject pointed his gun at the officers while walking up to them and said, “Shoot me,” Ashworth wrote.

“Each of the officers said that they believed they were either alone or in danger of being killed, or that the other officers present were in danger of being shot or killed.”

During the investigation, Ashworth and her team examined 1207 articles uploaded to Evidence.com, including 911 calls, police broadcast records, and radio communications. They checked 900 photos, information from the doctor’s office, crime scene reports and videos of body-worn camera footage from nine officers, as well as video footage from helicopters from the Fairfax County Police. Finally, they interviewed family members of the deceased.

At the time of the police report, it was not known whether Frevert had fired his gun. Although it was found that Frevert did not fire first, Ashworth nonetheless agreed that officers believed they were in mortal danger and may have been in mortal danger.

Perok reported that officers helped the man and immediately asked for medical help. No officers were injured during the incident.

Following the incident, the Perok said the officers were put on routine paid leave.

Today Perok announced that the investigation into the police shooting has been completed and the department has released the names of the officers involved.

The officers involved in the shooting were identified as;

  • Sergeant James Krisner, 35, was assigned to the Eastern Patrol District within the Operations Division as the evening shift patrol supervisor with approximately 13 years of service
  • Shaun Barrett, 37, was assigned to the Operations Division’s Special Operations Bureau as a K-9 officer with approximately 14 years of service
  • Officer Adam Beard, 32, was assigned to the Human Resources Office of the Support Services Department as an officer of the Co-Responder Unit with a tenure of approximately 6 years
  • Officer Ravinder Mehta, 36, was assigned to the Eastern Patrol District within the Operations Division as an evening shift patrol officer with approximately 6 years of service
  • Ivan Torres, 33, was assigned to the Eastern Patrol District within the Operations Division as an evening shift patrol officer with a tenure of approximately four years

The following is the article by Commonwealth attorney Ashworth sent to Lieutenant Colonel Jarad Phelps.

December 24, 2020

Lt. Col. Jarad Phelps

Prince William County Police Department

5036 Davis Ford Road

Woodbridge, Virginia 22192

Subject: Officer involved in shooting, PD 200033748

Dear Lieutenant Colonel Phelps,

At 9:34 p.m. on December 10, 2020, the Commonwealth Prosecutor was notified that an officer involved in the shooting had been present in the Four Seasons parish of Prince William County. We were notified that the deceased was a seventy-nine (79) year old resident of the 3600 block of Secret Grove Court and that five officers may have been involved in the shooting. That bureau immediately deployed and coordinated an incident response team, independent of investigations conducted by the William County Police Department. This team consisted of myself, my deputy head Kristina L. Robinson, and deputy W. Michael Phipps. For the past two weeks we have reviewed all available exam information.

Sources of information available to us include items uploaded to Evidence.com in 1207, the county’s evidence exchange website, police reports and call for service data contained in the Premier One record keeping system operated by Prince William County Police station is used. The records of the emergency calls and radio traffic as well as the police service records (CADS) were checked. Over 900 photos were viewed documenting the evidence gathered in and around the house in question, as well as the residence to the right of the house, photos of all officials present at the time of the shooting, photos of evidence gathered from their individuals, i.e. H. Firearms and shield and photos of the deceased in Sentara Hospital and in the medical examiner’s office. Crime scene reports and an evidence collection list were compared with photos and body-worn camera footage. The body-worn camera material of all nine officers present on site as well as the video material recorded by the FX2 police helicopter were checked in detail. We reviewed each of the officers ‘and co-responders’ audio interviews conducted by the officers in the early hours of December 11th, as well as the follow-up interviews that were completed the following Tuesday.

Finally, we checked all communications to the family members of the deceased and conducted an independent consultation with the woman and eldest son on Tuesday, December 23, 2020.

We are currently preparing a full report that will show our actual results. While this is imminent, I have completed my review of the incident and legal analysis and I am writing to you today to share the conclusion of this review and analysis so that you can take whatever action you think is appropriate for your department.

As you no doubt know, the law of “self-defense” as well as the “defense of others” is a law of necessity and is analyzed according to the same law. A person who reasonably determines imminent bodily harm by another person to himself or to others has the privilege of using reasonable force to deter the attack. Humphreys v Commonwealth, 37 Va. App 36, 553 SE2d 546 (2001). At this point, there must be an obvious action that indicates an impending danger. Commonwealth v Sands, 262 Va.724, 553 SE2d 733 (2001). It is not essential to the right to self-defense that the danger exist. If the person using “lethal force” reasonably believes that their life is in danger, they have the right to defend themselves against it to the same extent and according to the same rules as would be the case in real danger. McGhee v Commonwealth, 219 Va. 560, 248 SE2d 808 (1978).

In this incident, the danger posed by the deceased was real. It is clear that the officers, benefiting from body-worn camera footage, video footage from the FX2 helicopter, and an on-site forensic collection, feared imminent assault when the subject pointed his gun at the officers while walking up to them and said : “Shoot me . “Each of the officers stated that they believed they were either individually or in danger of being killed, or that the other officers present were in danger of being shot or killed. The actions of the deceased as he approached the officers with his arm raised and a weapon in hand left the officers with no choice but to use lethal force. Accordingly, I find that the use of lethal force was both justified and reasonable in the circumstances.

With best regards,

Amy Ashworth

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