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Report of the State's Attorney for the Judicial District of Ansonia-Milford

Concerning the Untimely Death of James Thieringer on January 2, 2009

July 2, 2009

The Connecticut State Police Central District Major Crime Squad, at the request of
the Ansonia-Milford Office of the State’s Attorney investigated the untimely death of
James Thieringer on January 2, 2009. At the time of his death, Mr. Thieringer was in
the custody of the Derby Police Department for a disturbance in the River Restaurant
parking lot. The State Police investigation has been reviewed by State’s Attorney
Kevin Lawlor. As part of the review, State’s Attorney Lawlor has reviewed all police
reports generated, all witness statements taken, examined all photos of the scene
and examined the autopsy report from the Office of the Chief Medical Examiner. The
following are the findings and legal conclusions of State’s Attorney Lawlor regarding
the incident.

The State Police investigation into the death of Mr. Thieringer revealed that on the
night of January 2, 2009, James Thieringer left his Ansonia home at approximately
8:45 p.m. in order to purchase a new vacuum cleaner at Wal-Mart in Derby. Mr.
Thieringer first proceeded to Valley Discount Wine and Liquor where he purchased a
24 oz. Smirnoff Ice alcoholic beverage and a 375 ml bottle of Barcardi Rum.

Thieringer arrived at Wal-Mart in Derby at approximately 9:13 p.m. according to


surveillance camera footage from Wal-Mart. His wife states that at approximately
9:15 p.m. he called her to state that Wal-Mart does not have the vacuum cleaner
and he was proceeding to Target. Video surveillance captured Thieringer leaving the
store and entering his Honda Pilot SUV. Surveillance also captured his SUV being cut
in front of by another vehicle as he exited the parking space. Thieringer’s SUV was
then seen on camera closely following the other vehicle thru the parking lot.

The first confrontation that required police intervention happened next. Mr.
Thieringer followed the above referenced vehicle until it parked in the lot near the
River Restaurant. According to several eyewitnesses, Mr. Thieringer confronted the
occupant of the vehicle, later identified as Roger Diagle. Daigle and his friend
Christopher Lynn attempted to calm Mr. Thieringer down but were unsuccessful.
Thieringer berated Mr. Daigle for cutting him off and stated “I don’t get mad, I get
even, I get revenge.” He then left the lot at a high rate of speed nearly hitting Mr.
Lynn’s girlfriend Katie Ebert. At 9:25 p.m., Christopher Lynn called the Derby Police
Department regarding the incident and a possibly intoxicated driver. At 9:28 p.m.
Derby Police Officer Mike Baldo arrived in the parking lot and could not locate the
vehicle. He cleared the call minutes later.

According to time stamped cash register receipts retrieved from the deceased and
surveillance video, the deceased left the parking lot and traveled to Target in Ansonia
where he purchased a vacuum cleaner at 9:43 p.m. He then traveled to the Love
Shack on Route 34 in Derby . He is the seen returning to the parking lot at the River
Restaurant at 9:56 p.m. At that time, the owner of the River Restaurant, Rick
Lucarelli called the Derby Police to inform them of SUV’s return. He requested a
police response. Officer Baldo by this time had returned to Headquarters and took
the call. Officer Baldo then received an unrelated call for assistance which lasted
6:34 after which he proceeded to the River Restaurant. He arrived according to radio
transmissions at 10:10 p.m.
Numerous eyewitness statements document the following occurred when Mr.
Thieringer arrived back in the parking lot for the second time at approximately 9:56
p.m.:

Mr. Thieringer parked his SUV in a spot next to the vehicle operated by Roger Daigle.
Mr. Daigle, Mr. Lynn, Mr. Lucarelli and Ms. Ebert were still inside the restaurant and
observed Thieringer return to the lot. Several patrons of the restaurant overheard Mr.
Lucarelli state he would go out to Mr. Daigle’s car and pull it around back in order to
avoid a confrontation. Mr. Lucarelli left the restaurant with the keys and was
immediately confronted by Mr. Thieringer. Eleven separate eyewitnesses state Mr.
Thieringer exited his SUV holding a long yellow object identified by some as a bat, by
others as a pipe or axe handle. The item was recovered and is an axe handle. Mr.
Thieringer swung the axe handle two times at Mr. Lucarelli who avoided being hit and
pushed Mr. Thieringer to the ground.

Once Mr. Thieringer was on the ground, he was subdued by Mr. Lucarelli and two
other patrons of the restaurant. They restrained him for several minutes until Officer
Baldo, who had just arrived, could place him in handcuffs face down in the parking
lot. Approximately two minutes after placing him in custody, officers began to see
signs of Thieringer’s medical distress. According to radio transmissions, Officer Baldo
indicated the suspect was in custody at 10:12 p.m. and an ambulance request came
in at 10:14. The ambulance arrived at 10:22. During that period, several witnesses
observed officers attempting CPR on the suspect. CPR was continued by ambulance
personnel once they arrived. Mr. Thieringer was transported to Yale-New Haven
Hospital and was pronounced dead shortly after his arrival. A subsequent search of
the suspect’s car found it to contain a small amount of marijuana and empty liquor
bottles matching the receipt for those bought by the suspect earlier that evening at
Valley Discount Wine and Liquor. Several other empty liquor bottles were also found
in the vehicle.

The Office of the Chief Medical Examiner conducted an autopsy on Mr. Thieringer.
They observed no trauma to his body other than superficial scraping of both
knees. The cause of death was cardiomyopathy and an enlarged heart, found to be
two times the normal adult size. The manner of death was “natural”. The toxicology
report revealed the presence of alcohol, measured at 0.17%. That concentration is
more than double the legal limit to operate a motor vehicle.

The Connecticut State Police made the following conclusions which State’s Attorney
Lawlor also endorses:

1. Officer Baldo responded to 656 New Haven Avenue, the parking lot of the
River Restaurant in Derby for a report of erratic operation, attributable to
James Thieringer. This complaint was initiated by Christopher Lynn.
2. Officer Baldo responded a second time to 656 New Haven Avenue , the
parking lot of the River Restaurant in Derby for a report that the vehicle
operating erratically (Thieringer) called in earlier had returned. This complaint
was initiated by Rick Lucarelli.
3. Thieringer’s behavior was threatening as he displayed a yellow axe handle as
if it was a weapon, and subsequently used the axe handle as a weapon and
swung it at Lucarelli. Lucarelli took action to avoid being hit by Thieringer and
was subsequently assisted by Christopher Lynn and Louis Nistico.
4. The second call made from the River Restaurant was made at 9:56:07 p.m.
and answered by Officer Baldo who was at Police Headquarters. Officer Baldo
had returned to H.Q. to temporarily relieve the evening shift desk supervisor.
After receiving this call, Officer Baldo received an unrelated call for assistance
lasting 6:34. He then responded to the River Restaurant at the conclusion of
the unrelated call.
5. Officer Baldo arrived at the scene and observed three individuals on the
ground struggling. Baldo attempted to handcuff Thieringer who continued to
struggle with the officer. Eventually he was placed in custody using two sets
of handcuffs due to his large size, 5’8”, 360 lbs.
6. After it was determined he was in medical distress, medical treatment was
requested within two minutes of his apprehension and was provided by on
scene personnel until the arrival of the ambulance. He was treated until being
declared deceased at the hospital.
7. The cause of death was ruled “Cardiomyopathy” and manner of death was
ruled “Natural” by the O.C.M.E.

The applicable law in this case can be found at Connecticut General Statutes section
53a-22. Use of physical force in making arrest or preventing escape. (b) A
peace officer is justified in using physical force upon another person to the extent he
or she believes is reasonably necessary to (1) effect an arrest… of a person he
reasonably believes to have committed an offense…; or (2) defend himself or herself
or a third person from the use or imminent use of physical force while effecting…an
arrest. And:

(f) A private person acting on his or her own account is justified in using physical
force upon another person to the extent he or she believes is reasonably necessary
to effect an arrest …of a person he reasonably believes to have committed an offense
and who in fact has committed such offense.

Based on the findings of fact outlined above and the applicable law, State’s Attorney
Lawlor finds Officer Baldo’s use of force in the apprehension of Mr. Thieringer was
reasonable and appropriate under the circumstances. He further finds that the
actions of Rick Lucarelli, Christopher Lynn and Louis Nistico were also reasonable and
appropriate given Mr. Thieringer’s hostile demeanor and violent actions with the axe
handle.

Finally, State’s Attorney Lawlor thanks the Connecticut State Police for their thorough
investigation of this matter, Chief Mascolo and the officers of the Derby Police
Department for their initial investigation and cooperation, and the assistance of the
Office of the Chief Medical Examiner. This Office also wishes to thank all these
agencies for working together to assure that the investigation was concluded in a
timely, thorough and complete manner.

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