(Newswire.net — August 28, 2014) Norwalk, Conn. — A Federal Appeals Court has ruled the police departments of Easton, Monroe, Trumbull, Darien and Wilton cannot use a shield of immunity to protect them from millions of dollars in civil rights claims arising from a 2008 tactical-team raid that killed a Norwalk man and injured an Easton homeowner.
The decision by the US 2nd Court of Appeals in New York, clears the way for a judge to decide whether five suburban Connecticut police departments violated the constitutional rights of homeowner Ronald Terebesi by using excessive force.
Five years ago, a heavily armed SWAT (Special Weapons And Tactics) team charged into a small ranch home in Easton and killed a Norwalk man who was quietly watching TV with his friend, the owner of the house.
Lt. J. Paul Vance, the spokesman for the State Police, whose investigators prepared a report on the incident, had no comment on the video showing nine police officers, wearing helmets and armored tactical gear, storming into the house while flash grenades exploding, shouting “Warrant, police!”.The whole scene takes less than 16 seconds.
When the smoke cleared, 33-year-old Gonzalo Guizan, of Norwalk, was dead. The owner of the home, Ronald Terebesi, was in custody on drug charges.
A later investigation of Terebesi’s house found two crack pipes, a tin box with residue and a plastic baggie with white powder that tested positive for cocaine. Also seized was a precision scale, a type commonly used for preparing illegal drugs for consumption and sale. No firearms were found on the premises.
“Guizan was unarmed and did not present a significant threat of death or serious physical injury to any defendant or the public, ” said Morgan Rueckert, who represents Guizan’s estate in the lawsuit.
“After its fuse delay of two seconds, the third flash grenade detonated directly in front of SWAT team member who without justification immediately began firing his handgun” said Rueckert.
According to the autopsy report, Guizan had superficial wounds on his face from the flash grenade. He was hit by six gunshots.
“This is a clear admission of misconduct on their (the towns’) part, ” said Gary Mastronardi, who represents the homeowner, Ronald Terebesi, who reportedly barely escaped with his life during the raid.
Former Easton Police Chief John Solomon, a man who organized the raid, did not return phone calls for comment. Solomon’s lawyer, Catherine Nietzel, said that the raid was based on a valid search warrant.
The settlement, believed to be the largest in the state for a police shooting, says otherwise.
The taxpayers of Easton, Monroe, Trumbull, Wilton and Darien will come up with a total of $3.5 million to settle a suit brought by the family of Gonzalo Guizan, the man shot to death in an assault that until today defies explanation.