Northwestern DA Findings in Fatal July 2013 Shooting

7/27/2019 Northwestern DA Findings in Fatal July 2013 Shooting

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DISTRICT ATTORNEY'S FINDINGS AND CONCLUSIONS

REGARDING THE JULY 3, 2013 POLICE-INVOLVED

FATAL SHOOTING OF COREY J. NAVARRETE

IN ORANGE, MA

INTRODUCTION

The following report details the facts and circumstances surrounding the fatal

shooting of Corey J. Navarrete (DOB 11/28/89) on July 3, 2013, by Massachusetts State

Police Trooper Michael H. Baker, and the legal conclusions drawn therefrom. Pursuant

to G.L. c. 38, § 4, "[t]he district attorney or his law enforcement representative shall

direct and control the investigation" into any death occurring within 19 specifically-

enumerated circumstances set forth in G.L. c. 38, § 3, including but not limited to

suspicious or accidental deaths, suicides, and homicides. The lead law enforcement

investigator in this case was Detective Lieutenant Robin A. Whitney, Commander of the

Massachusetts State Police Detectives Unit assigned to the Northwestern District

Attorney's Office. First Assistant District Attorney Steven E. Gagne directed the

investigation on behalf of District Attorney David E. Sullivan.

As set forth below in greater detail and explanation, the Northwestern District

Attorney's Office has concluded that Trooper Baker was justified in employing deadly

force against Navarrete, and that he did so in the proper exercise of self-defense and

defense of his fellow law enforcement officers. Navarrete's death therefore constitutes a

justifiable homicide, and no criminal charges are warranted.

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FACTUAL SUMMARY'

I.ackground

On July 2, 201 3, Athol Police Officer Janet Mou sseau (hereinafter "Mousseau")

submitted an application to the O range District Court for a search warrant for the second-

floor apartment at 18 M echanic Street in Orange, Massachusetts. Mo usseau, a fourteen-

year veteran of the Athol Police Department, applied for the warrant as a m ember of the

Northwestern D istrict Attorney's Office's An ti-Crime Task F orce, a m ulti jurisdictional

coalition formed in 2013 to combat illegal drug distribution in Ham pshire and Franklin

Counties and the town of Athol. Mo usseau's application capped a month-long Task

Force investigation into the illegal distribution of oxycodone and Percocet out of the

second-floor apartment at 18 Mechanic Street in Orange by its occupants, Corey J.Navarrete (hereinafter "Navarrete") and his girlfriend, Jessica Dennis-Ramirez

(hereinafter "Dennis-Ramirez").

During the investigation, law enforcement utilized a confidential informant to

conduct three controlled purchases of oxycodone and/or Percocet from D ennis-Ramirez

and N avarrete. On all three occasions, the informant arranged the p urchase by first

calling Dennis-Ram irez on her (i.e., Jessica's) cell phone. Two of the purchases took

place inside the second-floor apartment at 18 M echanic Street, and the third took place a

short distance from the apartment. On all three occasions, Navarrete personally

exchanged pills-for-cash w ith the informant.

Two additional informants provided law enforcem ent with information regarding

Navarrete and D ennis-Ramirez during the investigation. One reported that N avarrete

owned a handgun and claimed "he could shoot anyone that comes in the house as long as

it is in the arm or leg an d he w ouldn't get in trouble for it." Police confirmed that

Navarrete in fact held an active Class A license to carry firearms, and had purchased

three firearms in early 2011: a .40 caliber pistol, a 9mm handgun, and a 5.56 caliber Stag

Arms ST AG-15 semi-automatic rifle. The other informant advised police that Dennis-

1 This factual summary is compiled from the totality of investigative materials gatheredthroughout the cou rse of the investigation, and includes only the m ost pertinent facts of the case.It is not intended to be a com prehensive statem ent of all of the facts of this case.

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Ramirez and Navarrete were selling "a ton of percs" and that Navarrete "has a gun and

isn't afraid to use it." 2

Based on this information, Mousseau requested permission to search Navarrete

and D ennis-Ramirez's apartment for oxycodone, Percocet, drug paraphernalia and related

evidence. Mou sseau sought judicial authorization to execute the w arrant during

nighttime hours, and to dispense with the ordinary "knock-and-announce" requirement

when executing a search warrant at a residence. In justification of these requests, he

stated the following:

Based upon my training and experience, I know that a

firearm is a commodity that is held onto and kept readily

accessible for protection. I also know that drug dealers

commonly arm themselves to prevent robberies of their

product and proceeds from rival drug dealers or frombuyers. I also know that sometimes drug dealers, if

given the opportunity, will arm themselves against the

police who are executing search warrants.

[A] No Knock Search Warrant... would allow the

officers executing the search w arrant the ability to make

a safe, swift entry and prevent anyo ne inside the premise

[from having] the time to arm themselves and fire at the

Officers. This request would also prevent suspect(s),

should they so choose, from firing a weapon and

injuring a civilian in another part of the residenceand/or other residences nearby.

The cover of darkness maximizes the abilities of police

officers to approach a premises without being detected.

This in turn means that when search warrants are

executed, the drug distributors are less likely to have an

opportunity to jeopardize police officer safety or...

destroy drugs kept for sale. I have viewed the target

location involved in this investigation and I have found

that it has windows which overlook entry doors,

walkways and roadways approaching the premiseswhich must be used by police officers to gain entry to

said premises. Because of this, the ability of the

occupants to detect police officers approach is made

more likely as is it more likely that they can prepare to

2 Although not known to officers prior to executing the search warrant, their investigation wouldlater reveal that on multiple occasions, neighbors had heard gunshots coming from withinNavarrete and Dennis-Ramirez's second-floor apartment.

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violently attempt to prevent officers from effecting their

arrest and or take protective mea sures to destroy drugs.

After reviewing Mousseau's application and 16-page affidavit, an assistant clerk

magistrate of the Orange District Court issued the search warrant, and granted his

requests for the "no-knock" and n ighttime provisions.

H .he Entry & Shooting

Prior to executing the search warrant, Mousseau and fellow members of the Anti-

Crime Task Force met to review the operations plan, which called for the Massachusetts

State Police Special Tactical Operations (STOP) Team to make the initial entry into the

apartment and secure it. Several members of the Task Force and the STOP Team

(including Trooper Baker) were already familiar with the physical layout of the second-floor apartment at 18 Mechanic Street, having executed a search warrant there just two

months earlier. At that time, Dennis-Ramirez's father, K enneth W . Dennis, was

occupying the apartment, and was found in possession of heroin, four shotguns, one rifle,

assorted ammunition, and $1,076.00 in cash. Dennis-Ramirez assumed occupancy of the

apartment following her father's arrest, with Navarrete staying there on a regular basis.

Shortly before 5:00 a.m. on July 3, the STOP Team approached the south side of

18 Mechanic Street, where an exterior doorway leading to a stairwell to the second floor

is located. The exterior door to the building was already open, which allowed the team to

immediately ascend the stairwell leading to a landing outside the target apartment's

exterior door. The first two members of the team were responsible for breaching the

exterior door to the apartment, which they accomplished without much difficulty.

Trooper Baker was the third Trooper in line, and served as the "cover officer" for the

breachers as they forced open the door. Meanwhile, additional members of the search

warrant team were positioned around the perimeter of the building, ensuring that no one

else entered or exited the building during the execution of the warrant, and that no one

inside the building threw narcotics or other contraband from the building in an attempt to

prevent its discovery.

Once the second-floor apartment door was forced open, the entry team proceeded

into the apartment and announced their presence by repeatedly and loudly shouting,

"State Police! Search W arrant!" This announcement was loud enough to be heard by

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several members of the search warrant team posted outside the building, as well as an

occupant on a different floor of the building. In addition, all members of the entry team

were wearing gear that clearly identified them as law enforcement officers. Entry team

members proceeded toward the front of the apartment, clearing various rooms along the

way for anyone or anything that may pose a threat to the officers' safety. They continued

yelling, "State Police! Search W arrant!" during the approximately ten seconds it took to

reach the front bedroom, where Navarrete and Dennis-Ramirez were located.

As Trooper Baker opened the door to the front bedroom, he encountered a bed

directly in front of him, with the head of the bed to his left, and the foot of the bed to his

right. Navarrete was lying on the side of the mattress closest to the door, facing Trooper

Baker. Dennis-Ram irez was also on the mattress, lying to Navarrete's left. Navarrete

was holding a loaded 5.56 caliber Stag Arms semi-automatic rifle in his arms, and was

pointing it directly at Trooper Baker. Trooper Baker twice ordered Navarrete in a loud

voice to drop the weapon, but Navarrete continued pointing the rifle at Trooper Baker.

Fearing Navarrete might shoot him or one of his fellow officers, Trooper Baker

discharged three rounds from his 5.56mm caliber Colt M4 service weapon. Two rounds

struck Navarrete, causing fatal injuries from which he was later pronounced dead at A thol

Memorial Hospital. As described by the Medical Examiner who later performed the

autopsy upon Navarrete's body, the location and trajectories of both wounds wereconsistent with Navarrete being positioned as described by Trooper Baker at the moment

he discharged his service weapon.

W ithin seconds of the shooting, a tactical EMT on the STOP Team began

administering aid to Navarrete as the remainder of the apartment was secured. Dennis-

Ramirez, who had leapt from the bed as Trooper Baker discharged his weapon, was also

transported to Athol Memorial, where she was treated for an "abrasion/swollen area"

beneath her right eye, and "small superficial wounds" to the right side of her back, which

medical personnel at the hospital attributed to "metallic fragments." She was adm itted to

Athol Memorial at approximately 5:47 a.m., and was discharged at 8:47 a.m.

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III. Dennis-Ram irez's Account

During her stay in the hospital, Dennis-Ramirez provided a 27 -minute recorded

statement to Massachusetts State Police Detective L ieutenant Thomas Murphy, and

Trooper Peter Holman and of the State Police Detectives U nit attached to theNorthwestern District Attorney's Office. Dennis-Ramirez's mother was present during

the interview. Dennis-Ramirez stated that she and Navarrete had gone to bed around

4:00 a.m. that morning. She awoke to a "crash-boom-bang" sound coming from the back

door, after which she heard people yelling, "SW AT!" 3 Based on what was being yelled,

she assumed it was the police making entry into the apartment. She jumped out of bed

and put her hands in the air, and then heard four or "maybe five" shots. She stated she

could not see what Navarrete was doing at that point because she had "popped behind the

bed." W hen she turned around to see what had happened, Navarrete was lying dead on

the bed. W hen asked by her mother whether she ever saw Navarrete holding a firearm,

Dennis-Ramirez initially said that she did not know because she could not see what he

was doing as she jumped from the bed and ducked down.

As the interview went on, however, Dennis-Ramirez's account of what happened

changed. She stated that Navarrete was actually standing at the end of the bed and by the

door when "shots were fired everywhere." Contrary to what she said earlier, she now

claimed she could see both of Navarrete's hands as he stood near the end of the bed, and

that he was not holding a gun. W hen asked whether Navarrete kept a firearm in the

bedroom, Dennis-Ramirez admitted that he slept with a pistol under his pillow "every

night." She made no mention of the rifle Navarrete pointed toward Trooper Baker before

he was shot.

It bears noting that Dennis-Ramirez was, understandably, emotionally distraught

at times during her interview at Athol Memorial Hospital. It was later discovered that

Dennis-Ramirez also had several controlled substances in her system at the time of theinterview.

3 Not a single member of the STOP Team that made entry into the target apartment that morningclaimed to have yelled "SW AT" upon entering the apartment. As noted above, entry teammembers repeatedly and loudly shouted, "State Police! Search W arrant!" as they made their wayinto and through the apartment. It should be noted that the Massachusetts State Police does notrefer to its STOP Team as "SW AT."

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Dennis-Ramirez also revealed during her interview that earlier in the night,

Navarrete had received a threatening voice m essage from som eone on h is cell phone.

L aw enforcement subsequently analyzed Navarrete's cell phone, and discovered the

following voice message on it, which was left in the early-morning hours of July 3:

"I already told you what the situation was, and you still

haven't called me. Ah, I guess you think this is a game,

you know what I'm saying? I'm just letting you know,

um, there's gonna be a situation when you see me, and

I'm not gonna have nothin' to say, know what I'm

saying? You better make shit right. Imma cut your

fucking face whenever the fuck I see you. I'm not gonna

say a fucking word, and I'm gonna leave it at that."

Having heard this voice message not long before the STOP Team gained entry

into the apartment, Dennis-Ram irez initially thought that the "crash-bang-boom" sound

coming from the apartmen t's back door had som ething to do with the threatening

message, and speculated that Navarrete may hav e thought the same. How ever, when

Dennis-Ramirez heard voices yelling "SW AT," she realized it was actually the police

making en try into the apartment. W hether Navarrete made a similar realization cannot be

said.

At the conclusion of her 27 -minute interview at the hospital, Dennis-Ram irez

indicated a willingness to speak further with law enforcement about the circumstancessurrounding the shooting. The Troopers provided her with a bu siness card with their

contact information, and invited her to contact them w hen she w as ready to speak further.

IV .cene Processing

Given the occurrence of the shooting, Detective L ieutenant W hitney applied that

same day to the O range District Court for a separate search warrant to document and

process the scene for any and all evidence related to the shooting. The w arrant was

granted that same m orning by an assistant clerk magistrate of the Orange District Court.

Prior to any evidence being collected, the entire scene was fully documented w ith

video, photographs and diagrams. Th ree discharged shell casings from Trooper Baker's

service weapon were observed in the vicinity of the doorway to the front bedroom.

Ballistic and biological evidence was present at the head of the bed on the side nearest the

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door, consistent with Navarrete being positioned as described by Trooper Baker at the

moment he discharged his service weapon.

Once the scene was documented, the search warrant team proceeded to execute

both search warrants (i.e., Detective L ieutenant W hitney's warrant and Officer

Mousseau's warrant). During the execution of the warrants, the following items of

interest to this investigation 4 were located inside the apartment:

1. The weapon Navarrete pointed at Trooper Baker, identified as a 5.56 caliber

Stag Arms STAG-15 semi-automatic rifle bearing serial number 143865,

having a barrel length of 17.5 inches, with one (1) 30-round magazine and

twenty-five (25) .223 Rem caliber live cartridges, which was recovered to the

right-hand side of the mattress upon which Navarrete was lying:

2. One (1) 9mm Luger caliber Bryco Jennings Nine semi-automatic pistol

bearing serial number 1358431, having a barrel length of 3.875 inches, with

one (1) 12-round magazine and four (4) 9mm caliber live cartridges,

recovered atop the mattress in the bedroom where the shooting occurred:

4 The returns filed for the two search warrants provide a complete and comprehensive inventoryof all items seized under the warrants.

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3. A large, double-edged hunting-style knife, located on the floor to the right of

the mattress within arm's reach of where Navarrete was lying;

4. A black rifle case containing a 10-round magazine and a Tasco red-dot optic

gun sight;

5. Fourteen (14) rounds of Federal .223 caliber ammunition;

6. Thirteen (13) 12-gauge shotgun rounds;

7 . A tactical laser optic for a firearm;

8. A backpack bearing an "E S" logo, located on the bedroom floor to the right of

the mattress, which contained:

9. A backpack bearing an "E S" logo, located on the bedroom floor to the right of

the mattress, which contained:

a. Over one hundred fifty (150) assorted tablets, most of whichcontained oxycodone, with a combined weight of over thirty-

six (36) grams; and

b. $4,385.25 in U nited States currency, in bundles and loose cash:

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The following additional items of interest to this investigation s were located and

seized inside a vehicle parked in the driveway to the residence: (a) a digital scale; (b) a

white spoon coated with white powdery substance; and (c) eleven (11) rounds of

W inchester .223 jacketed hollow-point ammunition.

Based upon their training and experience, the narcotics investigators involved in

this case formed the op inion that the quantity of narcotics located inside the backpack,

the manner in which they were packaged, and the quantity of U .S. currency are consistent

with an intent to distribute the narcotics, as opposed to being intended strictly for

personal use. Furthermore, the quantity of class B narcotics discovered inside the

backpack qualifies as trafficking weight, in violation of G.L . c. 94C, § 32E (b)(2).

V.dditional Information

1. Trooper Baker's Training and E xperience

During the investigation into this matter, the Northwestern District Attorney's

Office reviewed and considered Trooper Baker's experience as a member of the

Massachusetts State Police. Trooper Baker has been a member of the Massachusetts

State Police for twenty (20) years, and a member of the STOP Team for fifteen (15)

years. During that time, he has regularly attended and successfully completed a vast

array of trainings, both as an attendee and an instructor. This incident represents the firsttime in Trooper Baker's 20-year service with the Massachusetts State Police that he has

been forced to discharge his service weapon in the line of duty (excluding trainings and

range firings).

2. Massachusetts State Police "Use of Force" General Order

In assessing the reasonableness of Trooper Baker's use of deadly force against

Navarrete, the Massachusetts State Police's General Order regarding "Use of Force"

(U OF-01) was reviewed and considered. In relevant part, the General Order states thefollowing:

5 See previous footnote.

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a. "Mem bers should assess each situation to determine which action shall best

bring the incident under control, using only that amount of force that is

reasonably necessary."

b. "The [reasonableness] standard requires that the member's actions are

objectively reasonable, in light of the facts and circumstances confronting

them; it allows for the fact that m embers are often forced to m ake split-second

judgmen ts in circumstances that are tense, uncertain, and rapidly evo lving."

c. "Mem bers are authorized to use lethal force in order to protect themselves or

others from an im mediate threat of death or serious bodily injury."

d. "Warnings—If feasible, some w arning shall be given before any use of

force." [Bold in original]

3. Attempts to Reinterview Dennis-Ramirez

On Septem ber 11, 2013, Detective L ieutenant W hitney and Massachusetts State

Police Sergeant John Cum mings, the E xecutive Officer (i.e., second-in-comm and) of the

State Police Detectives U nit attached to the Northw estern District Attorney's Office,

made in-person contact with D ennis-Ramirez at her m other's residence in Orange,

Massachusetts. Dennis-Ramirez had been staying there since being arrested on July 4,

2013, for operating a m otor vehicle without a license. During a search of her property

during booking, the Orange Police discovered twelve (12) syringes, two (2) plastic corner

baggies containing heroin residue, and a plastic spoon con taining heroin residue. Based

on these items, Dennis-Ramirez w as also charged with unlaw ful possession of a class A

substance (to wit: heroin), and her case is currently pending in the O range D istrict Court.

Detective Lieutenant W hitney and Sergeant Cumm ings's stated purpose in

contacting D ennis-Ramirez was to see w hether she was w illing to be reinterviewed

regarding the facts and circumstances surrounding Navarrete's shooting. D ennis-

Ramirez declined to speak with the Troopers at that time, indicating that she felt sheshould first consult with an attorney. Respecting her decision, the Troopers d eparted the

residence, but made clear that they remained interested in speaking w ith Dennis-Ramirez

should she change her mind.

Three weeks later, on or about October 2, 2013, D ennis-Ramirez called the

Northwestern District Attorney's Office inquiring why no body had yet contacted her

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regarding the Navarrete shooting. On Friday, October 4, 20 13, the Director of the

Office's Victim/W itness Assistance U nit returned Den nis-Ramirez's call and left two

voice messages inviting Dennis-Ram irez to the District Attorney's Office on Mo nday,

October 7, 20 13 to discuss the case. Dennis-Ramirez never returned the messages, nor

did she show for the October 7 m eeting.

Following the events of July 3, 2013, the Franklin Grand Jury comm enced an

investigation into the narcotics recovered inside the apartment, and on Friday, October

10, 2013, it returned indictments against Dennis-Ramirez charging her w ith trafficking in

more than 36 grams of a class B substance, in violation of G.L . c. 94C, § 32E (b)(2), and

related charges. She w as arrested on those charges that same day, and w as recently

arraigned in Superior Court.

As previously noted, there are several glaring inconsistencies in Dennis-

Ramirez's 27 -minute recorded interview regarding w hat transpired inside the apartment,

particularly regarding Navarrete's position at the time of the shooting and whether he had

a weapo n in his hands. The phy sical evidence at the scene, as well as the findings from

the Med ical Exam iner's Office, squarely contradict her claims that Navarrete was

standing near the foot of the bed when h e was shot. M oreover, the presence of multiple

controlled substances in her system at the time of her statement casts further doubt over

the credibility and reliability of her account.

DISCUSSION

A hom icide is defined as "the killing of one hum an being by another." Webster's

New W orld College Dictionary 646 (3 r d ed. 1996). Not all killings are unlawful,

however. A killing "is excused an d is therefore not a crime if it results from the proper

exercise of self-defense." Model Jury Instructions on Homicide 54 (1999). "A homicide

is also excused and is therefore not a crime, if it results from the proper exercise of the

defense of a third person." Id. at 56.

The M odel Jury Instructions on Hom icide also hold that "[a] person may use no

more force than is reasonably necessary in all of the circumstances to defend himself...

[and that] to defend oneself with a dangerous weapon likely to cause serious injury or

death (or to use deadly force), the person using the w eapon (or deadly force) m ust have a

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reasonable apprehension of great bodily harm or death and a reasonable belief that no

other means would suffice to prevent such harm." Id. at 54-56.

Applying these principles to the facts of this case, Trooper Baker used an

appropriate amount of force to defend himself and his fellow Troopers from an imminentrisk of death. Despite the fact that the entry team loudly and repeatedly identified

themselves upon gaining entry into the apartment, Navarrete made the unfortunate

decision to arm himself with a loaded assault rifle, the most deadly of the three weapons

within arm's reach of him. He then pointed the rifle directly at Trooper Baker, who,

commendably, gave Navarrete an opportunity to drop the weapon by twice ordering him

in a loud, clear voice to do so. Only once Navarrete failed to comply d id Trooper Baker

discharge his service weapon, thereby removing the threat to himself and other members

of the entry team.

Hindsight demonstrates that Officer Mousseau's decision to seek and obtain

judicial approval for a no-knock, nighttime warrant was a prudent one. Had the officers

been forced to approach the residence during daylight hours, or knock and announce their

presence before entering, Navarrete may have had more time to better position himself

(and his assault rifle) inside the apartment. As it was, during the approximately ten

seconds it took the entry team to breach the apartment door and reach the front bedroom,

Navarrete still had enough time to grab the weapon and point it toward the bedroom door.The difference of even five or ten more seconds of warning could have made the

difference between life and death for one or more of the Troopers. Similarly, had law

enforcement attempted to confront Navarrete outside his apartment, the pub lic at large

could very well have been endangered.

Additionally, although not dispositive, it bears noting that Trooper Baker's use of

lethal force complied with the M assachusetts State Police's General Order regarding use

of force. U nder the circumstances, Trooper Baker would have been justified in

dispensing with the verbal warnings he issued to Navarrete prior to discharging his

service weapon. His issuance of the warnings provided Navarrete with an opportunity to

bring the situation to a peaceful conclusion; unfortunately, that opportunity was

squandered. Trooper Baker was forced to make a split-second decision to protect himself

and his fellow Troopers, and for the first time in his 20-year career as a Massachusetts

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vid E. SulliNorthwestern D . trict Attorney

State Police Trooper, he was required to discharge his service weapon against another

human being. Although Navarrete's death was certainly regrettable, it was justified

under the circumstances.

CONCLUSION

For the foregoing reasons, and based upon a careful review of all credible

information and evidence, Massachusetts State Police Trooper Michael H. Baker's fatal

shooting of Corey J. Navarrete on July 3, 2013, in the town of Orange, Massachusetts,

was justified and lawful, and did not violate any General Laws of the Com monwealth of

Massachusetts.

Dated: October 17, 2013

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Northwestern DA Findings in Fatal July 2013 Shooting

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