SPRINGFIELD – Hampden County District Attorney Mark G. Mastroianni has announced that he has completed his review of the investigation of the shooting of Douglas S. Musto, 27, of Southampton by a Westfield police officer on April 7, 2012, and has concluded that “the homicide of Douglas Musto was legally justified.”
Mastroianni reports that he found that the investigations into the death by Westfield police and Massachusetts State Police, with assistance from the State Police Ballistics Unit, Crime Scene Services Unit and Crime Laboratory, showed that the officer who shot Musto “acted in defense of another.”
The investigations, Mastroianni said, took into account statements from the civilians who observed any part of the incident, the recorded 911 call which first alerted police, the recorded radio conversations of police, his personal observation of the undisturbed scene of the incident, post mortem toxicology reports and information about Musto’s mental health issues, as well as statements from the officers involved.
The results of the investigations show that a resident of 128 Elm St. called police about 2:07 a.m. on April 7 to report that her estranged boyfriend would not leave her apartment and had attempted to kick in her door.
Officer Francis Gaulin was the first officer to arrive and reports that he was able to see the suspect crouched down looking at him through stairs balusters as he ascended, in full uniform with his badge displayed, and he ordered the man, later identified as Musto, to stand and raise his hands.
Gaulin reported that he had to repeat his command at least three times before the man complied.
He said that the resident emerged as he was confronting Musto and told him that Musto had tried to break into her apartment.
As she spoke, Gaulin saw Musto was lowering his hands and, when Gaulin told him to raise his hands again, Musto started to yell saying that he was not going to be arrested.
Gaulin attempted to calm Musto and explained that he had to place him in handcuffs, even though he was not being arrested, to ensure the safety of all involved while he learned what was happening at the apartment house.
When Musto continued to yell and then clenched his fists while adopting an aggressive stance, Gaulin produced his Taser and Musto reached into a pocket and came out with a “Smith & Wesson ‘Special Ops’ folding knife” which he held in his right hand with the three and an eighth inch blade open.
Gaulin called for additional police and repeatedly commanded Musto to drop the knife while he attempted to maximize the distance between himself and the agitated man.
While Gaulin could hear another officer, James Renaudette, on the stairs, Musto took steps toward him and Gaulin warned him that the Taser would be used if he did not drop the knife. When Musto ignored the order, Gaulin fired the Taser which struck Musto in the center of his torso causing him to drop his knife.
Mastroianni found that Musto “only appeared affected for an instant and then pulled the taser wires away from his body completely breaking whatever connection had been made to deliver any taser shock.”
In a footnote, Mastroianni notes that he “cannot explain the failure of the taser to incapacitate Mr. Musto” but states that a possible explanation is that “one or both of the deployed darts failed to make full or secure contact.”
When Musto dove on the floor to recover his knife, Gaulin jumped on top of him.
Renaudette reports that he heard Gaulin issuing orders to the suspect as he ascended to the third floor and heard the order change from “show me your hands” to “drop the knife.”
When Renaudette reached the third floor landing, with his service pistol in his hand, he saw Gaulin fire his Taser and he holstered his weapon.
Renaudette then saw that Musto was not incapacitated by the Taser and saw Musto regain his knife and use it to stab Gaulin, inflicting a deep stab wound which “sliced the right inside upper thigh of Officer Gaulin.”
Renaudette saw the wounded officer trying to push himself away from Musto, who was trying to grab him with his left hand and continued to approach the officer.
Renaudette repeatedly ordered Musto to drop the knife before he fired his pistol, once.
Musto stopped momentarily then “pushed himself up again getting up on one knee and one foot in an attempt to advance toward Officer Gaulin” who was “unable to move quickly away due to his injury and was attempting to slide himself backwards on the floor.”
With Musto “within five feet of reaching Officer Gaulin”, Renaudette fired four more shots which dropped Musto to the ground.
Gaulin was transported by ambulance to Baystate Medical Center where sutures were applied to close the wound in his thigh.
Musto, who had been struck in the upper torso with three bullets and in the chin area with one, died at the scene.
Although the autopsy report is not complete, a post mortem examination by a forensic pathologist with the Commonwealth’s chief medical examiner’s office revealed that Musto’s death was caused by the four bullet wounds. The forensic toxicology report shows “no illegal substances or intoxication.”
The State Police ballistics report shows that all five bullets expended in the incident were fired by the .40 caliber Smith & Wesson model M&P40 semi-automatic pistol issued to Renaudette.
Mastroianni concludes that “The actions of Officers Gaulin and Renaudette at 128 Elm Street in April 7, 2012 were in response of Douglas Musto’s felonious behavior” and that “neither officer used excessive force at the scene.”
Westfield Police Chief John Camerota said after reading the D.A.’s review “We have excellent training at the Westfield PD”, which he attributed to the efforts of retired training officer Lt. D. Paul Kousch, and said that because of their training “the officers did the right thing.”
“We thought it was a good shooting right from the beginning” he said and said “we’re very pleased” that the district attorney agreed.
