WARRANT APPLICATION
1 .That the undersigned, Trooper Kevin V. Mingo #671, does depose and state to be a member of the Connecticut State Police, and has been a member of said department since May 27, 1994, to the date hereof, and presently assigned to the Western District Major Crime Squad, under the command of Lt. John Buturla. At all times mentioned herein, this affiant was acting as a member of said department, and the following facts and circumstances are stated from personal knowledge, as  well as information received from fellow officers, acting in their official capacity, and from official reports.

2. That on 12-29-98 at approximately 1220 flours, this affiant, as well as other members of the Western District Crime, were assigned to respond to Route 202, just north of Howland Rd., in the area of the Park Lane Sunoco gas station, to Investigate an officer Involved shooting. Initial information indicated a fleeing suspect was fatally shot by a New Milford Police Officer. Upon arrival to the scene at approximately 1319 hours, Sgt. Hyatt advised that the deceased was Franklyn Reid DOB 04/12/7 1, and details as to what led to Reid being shot were not clear. Sgt. Hyatt advised the New Milford Officer involved was Scott Smith and he had been removed from the scene. The Affiant accompanied Sgt. Hyatt and Tpr. James Lynch to New Milford Police Department at approximately 1415 hours, and spoke to Captain Lillis of the Detective Bureau. Lillis provided Sgt. Hyatt with an incident report, written by himself. The report from Captain Lillis indicated Reid had been spotted driving by Sgt. Cramer, but ran away from Sgt. Cramer, when Cramer attempted to stop Reid. Officer Smith and Detective Shortt responded to the area, spotted Franklyn Reid on foot, and Officer Smith attempted to apprehend Reid. A Foot pursuit ensued and at some point Officer Smith fired a single round striking and fatally wounding Reid. 

3. That Detective Jordan was present while at New Milford Police Department and stated both verbally and in a supplemental report that he did not see the shooting and estimated he arrived 10- 15 seconds afterwards. When he arrived, he stated Reid was on the ground with Smith standing over him. He removed Officer Smith from the scene, after administering First aid to Reid. Chief Sweeney arrived as Det. Jordan was leaving the scene with Officer Smith. Chief Sweeney directed Detective Jordan to bring Smith back to the police department and secure his service weapon, which he did. Detective Jordan later turned the weapon over to Captain Lillis, who then secured it in his office. Detective Jordan verbally advised this affiant that he had taken Off. Smith to Attorney Allingham's Office after securing Smith's service weapon with Captain Lillis.

4. That on 12-29-98 at approximately 1430 hours, Sgt. Hyatt contacted Attorney Allingham by telephone, From Captain Lillis' Office, and verified Attorney Allingham was representing Officer Smith. Sgt. Hyatt requested an interview with Officer Smith and Attorney Allingham declined, informing that Smith was very upset and had gotten sick to his stomach in his office. Sgt. Hyatt agreed not to interview Officer Smith, but requested to perform a Gun Shot Residue test to confirm the fact Officer Smith fired the gun. Attorney Allingham stated neither he nor Officer Smith were denying that Officer Smith fired the gun. Attorney Allingham reiterated he would not consent to Officer Smith being interviewed or submitting to a Gun Shot Residue test, and stated he did not want any contact between his client, Officer Smith, and the State Police. Subsequently, on 12/29/98 a search warrant was issued for the seizure of Off. Smith's clothing and a Gun Shot Residue Kit (GSR). Attempts to locate Smith met with negative results. The search warrant was served on 12/30/98 after Attorney Allingham scheduled a meeting at Troop L.

5. That while still at New Milford Police Department, Tpr. Lynch seized Officer Smith's service weapon and ammunition from Captain Lillis. The weapon is a Heckler and Koch 9mm, P7M8, handgun with serial number 96763 M8, and the ammunition is 9mm Federal Cartridge (F.C.) Luger, which is the standard issue weapon and ammunition for New Milford PD. Captain Lillis instructed Tpr. Lynch and Sgt. Hyatt in the operation of the weapon. He noted that the safety mechanism of the weapon is incorporated within the handgrip and must be squeezed to fire the weapon. The weapon holds and is carried with, nine (9) rounds; eight (8) rounds in the magazine and one (1) round in the chamber. At the time of seizure, the weapon had seven (7) rounds in the magazine and one (1) round in the chamber, indicating that one (I) round had been fired.

6. That on 12/29/98 at approximately 1400 hours, Tpr Delvecchia and Tpr Olavarria interviewed Sgt. Robert Cramer of the New Milford Police Department. Cramer provided a written statement. Cramer stated that on 12/29/98 at approximately 1104 hours, he was traveling northbound on Heacock-Crossbrook Rd. in New Milford, in a marked police vehicle. (Heacock-Crossbrook Rd. runs north and south parallel to and a short distance from Route 202). A small white car approached him traveling southbound, crossing into his lane and nearly striking his patrol vehicle. Sgt. Cramer turned his patrol vehicle in a driveway and proceeded southbound after the white vehicle. As Sgt. Cramer approached the intersection of Crossbrook Rd and Dawns Ln., he observed the white vehicle abandoned, with the engine running, lights and radio on. Sgt. Cramer advised dispatch and ran the registration plate, (He was advised that the vehicle was registered to the Reid family). He thought at that point it may have been Franklyn Reid, who had been driving the car and fled on foot, and was aware that New Milford PD had numerous arrest warrants for Reid, which was confirmed by dispatch. Cramer advised responding units to look for Franklyn Reid. A neighbor on Dawns Ln. advised a responding officer that he had seen a male run between two homes (in a northwesterly direction, toward Route 202).

Shortly after, Cramer heard Det. Shortt call on the radio that he had Reid on Route 202, near Park Lane Sunoco, then shortly after heard Shortt radio for an ambulance. Cramer responded to the scene on Route 202 and was advised by Shortt that Off. Smith had shot Reid. Cramer had the scene secured, but did not speak with Off. Smith about the incident  

7. That on 12-29-98 from approximately 1520 hours until 1739 hours, Detective Elmendorf and Tpr. DeCesare interviewed Detective Shortt in regard to the shooting of Franklyn Reid by Officer Smith. In Detective Shortt's written statement, he stated he walked into the radio room and was told by Dispatcher Cindy Hanford that Sgt. Cramer was in foot pursuit with Franklyn Reid and might need help. Detective Shortt stated he was aware New Milford Police and State Police had active arrest warrants for Reid. Based on Detective Shortt's own dealings with Reid, he knew Reid to be very violent and once investigated a case where Franklyn Reid stabbed his own uncle. Further, Detective Shortt recalled street Sources indicated that Reid carried a gun and had told people he would never be taken alive. Detective Shortt felt Reid was very dangerous and knew one of the arrest warrants for Reid was for threatening to kill his own probation officer.

Detective Shortt stated he returned to the Detective Bureau and told Officer Smith "lets go, give me a hand, Sgt. Cramer's in foot pursuit with Franklyn Reid." Officer Smith had the keys and drove Detective Shortt in an unmarked Ford Escort. Officer Smith drove north on Route 202 from the police department and Detective Shortt observed a black male walking through Sanda's Cleaners in a northbound direction, but was unsure if it was Franklyn Reid due to poor weather and visibility. Officer Smith turned the car around to get another look at the black male and Detective Shortt spotted the same black male walking northbound through the Sunoco Gas Station. As Detective Shortt and Officer Smith got closer to the black male, both realized it was Franklyn Reid.

Detective Shortt stated he advised Officer Smith to pull up close to Reid, because he felt Reid would run. Smith pulled up to Reid, between 10 and 12 feet away, and both Officer Smith and Detective Shortt opened their respective doors and Reid began to run.

Detective Shortt stated Reid ran off in a northwesterly direction toward Route 202, with Officer Smith running after, yelling, "police stop!" "police-Franklyn stop!" Detective Shortt also gave chase for a short distance, then returned to the car and pursued them, turning north onto Route 202. Shortt advised dispatch via portable radio that he and Smith were in foot pursuit of Reid. As Shortt approached, he observed Reid and Smith standing on the western (southbound) shoulder of Route 202, approximately 12' from the travel  portion Shortt stopped the car on the northbound shoulder, directly across From, but a bit ahead of Reid and Smith, (to Shortt's left). He observed that Smith had a hold of Reid, but they were struggling and grappling, upright. Smith had a hold of Reid and was trying to control him. Shortt heard a single bang that came from his left, which he recognized as a gunshot. Shortt exited his car, ran across Route 202 (east to west) and saw Reid lying face down on the ground and not moving. Smith was standing next to Reid with his handgun in his right hand, but he did not recall Smith saying anything to him.

Shortt radioed Dispatch with his portable radio and asked for an ambulance. Approximately 10-15 seconds later, Det. Steve Jordan arrived on scene and Shortt and Jordan began first aid on Reid. Shortt observed a hole in Reid's clothing, on his back, between the shoulder blades. Shortt did not recall seeing Reid with a weapon. Shortt also noted that Pamela Luning; Reid's girlfriend arrived at the scene shortly after the shooting.

8. That on 12/31/98 Attorney Allingham provided a prepared written statement purported to be from Off. Scott Smith detailing the events involved in the shooting death of Franklyn Reid on 12/29/98. The statement was subscribed and sworn to Allingham on 12/3 1/98. The statement details are as follows;

I, Scott Smith, am over the age of eighteen (18) years and understand the meaning of an oath.

I am and have been a member of the New Milford Police Department for the past two years. I am a Patrolman assigned to the Field Services Bureau, but have been temporarily assigned to the Detective Bureau for the last one and a half weeks My normal duty hours in this temporary position are 0900 to 1700, and I report to work in civilian clothing

On 12/28/98 1 worked a normal shift from 0900 to 1700 hours, and also worked over time until 2130 hours. I spent the rest of the night at home, and reported for duty at 0900 hours on 12/29/98. At approximately 1100 hours I was in the New Milford Police Department Detective Bureau when Detective David Shortt entered the room and told me that we had to back Sergeant Cramer because he was in a foot pursuit involving Franklyn Reid. I immediately recognized the name Franklyn Reid because I knew he had several outstanding arrest warrants, and I was also familiar with Mr. Reid through his previous contacts with the New Milford Police Department. I first learned of him when I began working for the New Milford Police Department when it was discussed at roll call that he had been recently released from prison and had returned to the New Milford area. Since he was a convicted felon with a history of violence, officers were advised to exercise caution if they had contact with Mr. Reid, and we were told to be very careful because he was capable of killing someone.

As a Patrolman I have heard from other officers, who have had contact with Mr. Reid, and his friends, that Mr. Reid has a reputation of fighting with police officers and that he may have been involved in gang related activity in the Danbury area. Earlier this year, I was aware of an incident where Mr. Reid attempted to pull a knife when two officers were attempting to arrest him. I was also aware that the outstanding arrest warrants for Mr. Reid were based on his threats to kill his probation officer, and also on his threats to kill the mother of his children.

During the last few months the New Milford Police Department has attempted to execute the arrest warrants without success, and it was apparent to me that he was actively and intentionally alluding (sic) the police. I knew that the Litchfield County State's Attorney's Office has been calling our department regarding the status of the warrants, and expressed concern that Mr. Reid would continue to commit offenses in the community until taken into custody. About three months ago I, along with another officer, personally attempted to serve several warrants on Mr. Reid but could not locate him. This was after receiving a call from Ms. Coons, the mother of Mr. Reid's children, that she was in constant fear of Mr. Reid.

When Detective Shortt entered the Detective Bureau on 12/29/98 at approximately 1100 hours and spoke to me, he took his handcuffs from his desk and he asked me if I had the keys to our unmarked police car. I told him that I did have the keys, and we proceeded to leave the building. Detective Steve Jordan was also in the process of responding to the call at this time and said that he would take his own car. Since I had the keys I drove, and Detective Shortt sat in the front passenger seat. As we exited the Police Station parking lot we discussed Sergeant Cramer’s location in relation to our own, and we decided to head North on Route 202. 1 noticed that Detective Jordan was not immediately behind us at that time. As we proceeded North on Route 202 Detective Shortt observed a person walking Northbound through the parking lot of Sanda's Cleaners that he believed was Mr. Reid. I caught a glimpse of the person, but could not positively identify him. 

Since we were moving in moderately heavy traffic, we could not safely turn our vehicle around, so we continued North for a short distance and turned our vehicle around in the intersection of Park Lane West and Route 202. We then proceeded South on Route 202 and observed the suspect who was now in the parking lot of the Sunoco gas station.

As we turned into the parking lot of the Sunoco gas station, the suspect focused his attention on our vehicle. I stated "That's Franklyn Reid" as I rolled down the window on the vehicle Mr. Reid was looking directly at us as he walked toward the customer entrance of the gas station. Detective Shortt told me to drive directly toward him as it appeared he was about to run. As we drove closer to the suspect I could see that he was wearing very loose and baggy clothing and that he was carrying what appeared to be a light jacket or sweat shirt in his hand. We drove between the customer entrance of the gas station and the first set of gas pumps and Mr. Reid continued to stare at us. When we were within ten to fifteen feet of Mr. Reid I stopped the car and opened my door and Mr. Reid immediately took off running. I identified myself as a police officer and ordered him to stop. I repeatedly identified myself as a police officer and I repeatedly ordered him to stop as I ran after him. I believe I also called him by name. Mr. Reid did not stop, and instead ran across the parking lot in a North Westerly direction.

I followed Mr. Reid across the parking lot on foot running as fast as I could. As Mr. Reid approached Route 202 the traffic was moderately heavy and he ran across Route 202 to the Southbound side right in front of the passing traffic. At least one car had to stop to avoid striking him. I continued to identify myself as a police officer and I continued to order him to stop as I ran after him. I was concerned for my safety as I approached Route 202 and I slowed momentarily until the traffic was clear.

As I crossed Route 202 and reached the shoulder of the Southbound lane, Mr. Reid was running North in the shoulder of the Southbound lane at a fast pace and I did not believe I would be able to catch up to him. At this time I also realized that Detective Shortt had not crossed the road with me, and that I was alone in the foot pursuit.

I continued to run after Mr. Reid North on Route 202 in the Southbound shoulder and I continued to shout to him identifying myself as a police officer and repeatedly ordered Mr. Reid to stop. Mr. Reid ran from the shoulder of Route 202 onto the grass next to the shoulder and then turned sharply to the right and he ran back onto the southbound travelled (sic) portion of Route 202. It appeared as though he was going to cross Route 202 in an Easterly direction, however when he reached the center of the road he stopped. I was approximately 20 feet behind him. 

There was no traffic at this moment that would have prevented Mr. Reid from continuing to cross the road, so I believed that he either stopped to surrender himself or to confront me. As he stopped, I stopped momentarily and I continued to yell at him instructing him to show me his hands because I could not see them. He was holding both of (his) hands close to the front (of) his body in the area near his waist and they were concealed by his loose clothing, and his body was turned toward the side in such a way that I could not see his hands.

Mr. Reid was not complying with my orders to show me his hands and since he was looking at me in a confrontational way, I was afraid he was about to pull a weapon. I therefore drew my duty weapon from my holster and pointed it at Mr. Reid while continuing, to order him to show me his hands. Mr. Reid saw the weapon as I pointed it at him with my right hand, and then approached him and reached out with my left hand and grabbed his clothing near his right shoulder area. I kept my left arm extended to keep the distance between myself and Mr. Reid as far as possible.

I decided to pull Mr. Reid from the center of the road to the grassy portion of the southbound shoulder for his safety, my safety, and the public's safety. We were on the Southbound shoulder of Route 202 and I again identified myself as a police officer and continued to order him to show me his hands and to get down on the ground. Mr. Reid did not comply with my repeated requests and began to resist my efforts of getting him on the ground. As we struggled on the grass near the shoulder of the Southbound lane I continued to hold Mr. Reid's clothing with my left hand by his shoulder area and I forced him to his knees. Once he was down on his knees I ordered him to lie down on his stomach and tried to push him down with my left hand. He resisted and put his hands out in front of him so that I could not Force him to the ground.

I was able to see his hands momentarily as he resisted, and hie was still not complying with my orders to lie down and he was still struggling with me. Once he prevented me from forcing him to the ground he immediately pulled both his hands back toward his midsection. At this point he was on his knees and was bent slightly forward from the waist and I was able to briefly push him forward toward the embankment. I still held onto his clothing on the shoulder area with my left hand and I was still pointing my duty weapon at him with my right hand. I continued to order Mr. Reid to show me his hands which were still in front of him near his midsection and still not visible to me. He stayed in this position for what seemed like an extended period of time. I was positioned behind Mr. Reid and I could see that both of his arms and shoulders were moving like he was holding something with his hands. Based on the circumstances, I believed he had a weapon. The around in the area was uneven, and there was a small embankment, and we were approximately 10-15 feet away from moving traffic on Route 202.

Based on the motions he was making with his arms and shoulders, and based on the fact that he refused to show me his hands, I believed he was preparing to use a weapon. While I was yelling at him to show me his hands with my weapon pointed at him, he made a sudden motion with his body in an apparent attempt to return to his feet.

At the same instant I saw both of his arms begin to move quickly away from his midsection and his body came upwards toward mine. I believed at that time he was either going to shoot me or stab me. Out of fear for my life at that instant, I discharged my weapon one time, striking Mr. Reid. After the shot I observed that Mr. Reid fell back to the ground so I immediately holstered my weapon. I then saw Detective Shortt approaching the area and I called to him to radio for an ambulance Detective Jordan then arrived at the scene, and I assisted him with first aid until the other ambulance personnel arrived. Once emergency personnel were at the scene I returned to the New Milford Police Department with Detective Jordan and surrendered my duty weapon.

I have never been involved, In an incident before where I have discharged my weapon in the line of duty. Because Mr. Reid appeared to be holding something and refused to comply with requests to show me his hands and because he continued to struggle with me after clearly seeing that my duty weapon was drawn and pointed at him. I believed that the only reason he would make a sudden move was in an attempt to kill me. The event occurred in a matter of seconds and at the moment I fired my weapon I feared for my life and I believed that I was about to be killed.

I reviewed this statement in its entirety and I swear to the truth of the contents herein
The statement was signed by Scott Smith #47 and Attorney Allingham

9. On 12-29-98 at approximately 1516 hours, this affiant went to New Milford Hospital with Sgt. Hyatt and Tpr. Lynch. At New Milford Hospital, Sgt. Wagner of Troop A met and advised that Mr. and Mrs. Reid had been to the hospital and positively identified their son at 1430 hours. Tpr. Cairio and Officer Young of New Milford were stationed outside the room where Franklyn Reid's body was secured to prevent access by any unauthorized persons. At approximately 1518 hours, this affiant, Sgt. Wagner, Sgt. Hyatt, and Tpr. Lynch entered the room and viewed Reid's body. Reid was laying face up with no visible entry or exit wounds from his waist up. Sgt. Hyatt lifted Reid's right shoulder and what appeared to be an entry bullet wound was observed. The wound was located in the upper back, in the area of the spine. All police personnel exited the room at 1523 hours.

10. That a search of the scene on Route 202 was conducted by members of the CT State Police Western District Major Crime Squad. Evidence recovered at the scene includes; one (1) expended 9mm F C. (Federal Cartridge) brass shell cartridge consistent with the live rounds seized from Off Smith's duty weapon, a red, white and blue nylon jacket (which was being carried by Reid). In the exterior right front pocket of the jacket, which was unzipped, was a folding pocket knife with a blade length of 2 3/4". The blade was serrated and in the folded position. It should be noted that the exterior left front pocket of the jacket, was zippered and contained a Chapstick (lip balm). Also found at the scene was a Pennsylvania drivers license with the name Venro Mayo DOB 11/27/70. The photo on the license was that of the victim, Franklyn Reid. The Pennsylvania address on the license was that of Reid's brother, Wayne Reid. Checks at the address in Pennsylvania revealed that Venro C. Mayo never lived at this address. The license could be used to impersonate another if contacted by the police.

11. That the body of Franklyn Reid was removed from New Milford Hospital on 12-29-98 at 1605 hours, by Fred Olko and Angel Negron, Senior Forensic Technicians from the Office of the Chief Medical Examiner. An autopsy was subsequently performed on 12-30-98 by Dr. Carver. Dr. Carver determined Reid died of a single gun shot wound to the back, which severed his spinal cord. The wound was located roughly in the center of the back, between the shoulder blades, approximately 8"- 10" below the head and was described as a contact wound with what appeared to be gun powder residue within the wound. The approximate trajectory of the round was downward back to front, and from left to right (looking at the back), with the projectile being lodged below the skin tissue of the right pectoral (chest) The manner, of death was ruled a homicide.

12. That on 12/29/98, members of the Western District Major Crime Squad obtained a written statement from Diane C. Swanson 12/15/59. Ms. Swanson is an employee of the Sunoco gas station located at 44 Park Lane (Rt. 202) in New Milford. On 12/29/98 at about 12:00 p.m., she was standing looking out the front window of the store. She saw a dark skin male walking up the embankment From Howland Road. He looked like he was carrying what looked to be a Patriots jacket. He walked up in front of the store window. She thought that he may have been a customer by the name of Frankie. Ms. Swanson noticed that he was huffing and puffing like he had been running. It looked like he was going to put the jacket on when a black car pulled into the parking lot. The dark skin male then took off running across the parking lot towards Rt. 202. The driver of the black car who she later recognized as a New Milford police officer, got out of the car. The New Milford officer ran after the dark skinned male. 

They ran out into the street and she thought that they were going to get hit by a car. The passenger in the black car got into the drivers seat and began to follow the two men that were running. Ms. Swanson's view was obstructed by trees to the right of the property. She went into the garage bay area of the Sunoco to see if she could get a better view, but her view was still obstructed. She moved around supplies to the third bay to try to get a better view. The next thing she saw was the dark skin male laying on the ground with the New Milford officer leaning over him. It looked like the New Milford officer was trying to talk to the dark skin male. The other guy that arrived, with the New Milford officer went up to them and leaned over the dark skin male. The two of them then started doing C.P.R. on the dark skin male. Ms. Swanson did not see what caused the dark skin male to end up on the ground. She lost sight of what happened because she moved into the bay area. She also did not hear anything because of the noise level in the bay area. The dark skin males girlfriend, who is also a regular customer, pulled into the Sunoco parking lot in her, purple colored Neon with tinted windows. 

Ms. Swanson was unaware of her name. The girlfriend ran over to the New Milford Police Officers but they stopped her. She then ran into the Sunoco and said "they did something to him. I need to use the phone". Ms. Swanson allowed her to use the office phone. The girlfriend called some guy named Doc. She said "Doc you gotta come up to the Sunoco station, they did something to Frankie and now they're doing C.P.R. on him". Then the uniform police officers, EMT's and the Fire department started to show up.

13. That on 12/30/98 and 12/31/98 members of the Western District Major Crime Squad obtained written statements from William Eayrs Jr. 07/17/52, Paula Eayrs 05/23/57, William Eayrs III 10/22/83 and Caitlin Costello 09/06/88. William Eayrs Jr. was operating his 1996 Jeep Grand Cherokee CT registration 986-KSY on 12/29/98 at approximately 11:30 a.m. traveling north on Rt. 202 by the Sunoco in New Milford. That the above mentioned people and 4 year old Kylie Costello were passengers in Eayrs Jeep Grand Cherokee. That the above said people gave similar written statements to what they observed. They observed a black male running north on the shoulder of the north bound lanes by the Sunoco gas station. A tall white male was chasing him. The black male ran out into heavy traffic just north of the Sunoco gas station by their vehicle. The white-male continued to run after the black male. The black- male crossed Rt. 202 to the south bound shoulder. The black male looked like he was going to turn and go back across the street. The white male pulled out his gun from his waistband and was pointed it at the black male. The white male was standing on the center line of Route 202 and the black male was on the south bound shoulder. Traffic slowed and came to a stop. The black male and the officer were approximately ten feet from the Eayrs vehicle. The black male stopped when he observed the white male pointing the gun at him. The white male walked towards he black male. They couldn't hear what the white male was saying, but the white male was saying something. The white male directed the black male, with his gun still drawn. to a grassy area off the south bound shoulder. The white male pushed the black male. When the while male pushed the black male the black male turned and said something to the white male. At his point, William Eayrs Jr. continued to travel north on Rt. 202. Caitlin turned around in her seat, looking out of the rear window, to see what was happening between the white male and black male as they drove away. Caitlin stated that the black male was laying on the ground, she is unsure if he was face up or down. The white male was kneeling on one knee on the ground next to the black male. The white male had the gun in his right hand and his elbow was bent. The white males left arm was straight and appeared to be holding the black male down. Caitlin then turned back around in her seat and didn't see what happened after that. The above said people did not observe anything in the black males hands during the incident.

14. That on 01/06/98, members of the Western District Major Crime Squad obtained a written statement from Jim DeMaria 11/09/51. Mr. DeMaria stated that he was driving his company's tractor trailer on Rt. 202 heading westbound during the late morning of 12/29/98. He was approaching the Sunoco gas station, which was on his left, when he saw two people run across Rt. 202 in front of the car that was ahead of him. The two people ran out into the road From the area of the Sunoco gas station. Mr. DeMaria slowed his vehicle almost to a stop. One of the people that ran out into the road was a black male and the other was a white male. They both ran across the road and appeared that they were going to run back across the road. Mr. DeMaria then observed the white male holding and pointing a gun at the black male. It appeared as if the black male saw the gun because that is when the action stopped. The black male ended up on the ground, facing up almost in a reclined position. 

Mr. DeMaria did not recall how the black male got on the ground. Mr. DeMaria saw that the white male was saying something to the black male, but could not hear what was being said. Mr. DeMaria then continued to travel west on Rt. 202 and did not see anything further between the white male and black male.

15. That on 12/31/98, members of the Western District Major Crime Squad obtained a written statement from Gail Meehan 01/20/54. Meehan stated that she was a passenger in her husbands vehicle. Her husband James was driving and her son Shawn was also a passenger. Her vehicle was traveling west on Route 202, approximately 30' east of the east driveway of the Sunoco station, and following a flat bed tractor trailer truck (possibly the vehicle being operated by Jim DeMaria). She observed what she perceived to be a plain clothes policeman standing on the night side of the road (Route 202), with his foot on the back of a black male. The officer was holding the black male’s hands behind his back, using his (officers) left hand. She believed she saw a black walkie talkie in the officer’s right hand. The black male turned his head and looked at her, his eyes were open and he was moving around on the ground. The black male was on his belly and appeared to have been subdued by the officer. The black male was wearing a navy blue, wool ski hat and a light colored hooded sweatshirt or jacket. She further observed a dark gray car, pull up the road, heading east and pull up onto the curb. The door swung open, but she did not see anyone come out. She looked back at the officer with the black male and he (officer) had turned to his left to look at the dark gray car. The officer never let go of the black male’s hands, and he never stood up straight. James and Shawn corroborated Gail's statement, but James believed that the officer had the walkie talkie in his left hand and was restraining the black male with his right hand, and Shawn believed that the officer was holding a gun.

16. That on 01/05/98, members of the Western District Major Crime Squad obtained a written statement from Christopher Gardner 01/24/59. On 12/29/98, Mr. Gardner was getting gas at the Sunoco gas station on Rt. 202 in New Milford. His credit card receipt revealed that he purchased the gas on 12/29/98 at, 11:26 a.m. While getting the gas he observed a black male walk up over the grassy hill from Howland Rd. The black male stopped in front of the Sunoco office. Mr. Gardner heard a voice say something, then footsteps like someone was running. He looked up and saw the black male running across the Sunoco lot towards Rt., 202. The black male ran across Rt. 202 without looking. An officer chased the black male onto Rt. 202. The black male came back into the middle of Rt. 202 and stopped. The officer grabbed the black male and walked him to the far side of the road, away from the Sunoco. Mr. Gardner went inside the Sunoco to pay, when he came back out he saw that the black mate was on the ground and Steve Jordan (New Milford Police Detective) was over him with a walkie talkie. Jordan then began performing C.P.R. on the black male.

17. That on 01/07/99, members of the Western District Major Crime Squad interviewed Daniel Merton. Merton was seated in the passenger seat of Christopher Gardener's truck , parked at the Sunoco. Gardener was at the gas pump. Merton was facing south, and observed a black male walking toward the gas station from behind the Colossal Pizza Building (Howland Rd. area). The male was carrying a coat. He lost sight of the male until Gardener got his attention and told him he thought the male had stolen something, because he began to run. Merton stuck his head out the window and saw a plain clothes cop chasing the male. He saw the male run across the street (Route 202), then head back toward the center of the road. Merton lost sight of the two males at this point because of traffic passing on Route 202. He then saw the male lying on the ground. He did not recall a struggle between the two males.

18, That on 12/29/98, members of the Western District Major Crime Squad obtained a written statement From Abu Nassir 09/06/59. Mr. Nassir is the manager of the Sunoco on Rt. 202 in New Milford. On 12/29/98 sometime before noon, he was working cash register at the Sunoco. He saw a black male walk in front of the store across the parking lot The black male was holding a jacket under his arm. A car pulled into the gas station and the black male began to jog out of the parking lot to Rt. 202. A man got out of the driver’s side of the car and began to run after the black male. The black male ran through traffic on Rt. 202 and got to the other side. The car began to follow both men running. The black male stopped running and turned toward the man chasing him. Mr. Nassir stated the black male’s hands were up to his chest level, A second man got out of the car. Mr. Nassir then waited on a customer. 

When he looked back up, he saw the black male face down on the ground and it looked like the man that had been chasing him was performing C.P.R. on him. The second man ran back to the car. 

 19. That interviews with a number of business owners along the east side of Route 202, south of the scene revealed that they had seen Reid prior to the shooting, making his way through the backyards of the businesses, heading north along Route 202. Frances Rogers, wife of John Rogers, proprietor of the Jolly Roger Firearms store at 18 Park Lane Rd. (Route 202), approximately 1/4 mile south of the Sunoco station, observed Reid in her backyard. Reid asked to borrow her telephone to call his girlfriend because his car had a flat tire. She let him use the telephone and he called someone. He stated to the person answering the telephone "Yo" then he told them to pick him up at the Sunoco station. A subsequent interview with Reid's girlfriend (Pam Luning) confirmed that Reid had telephoned her just prior to the shooting, telling her he had a flat tire and to pick him up at the Sunoco station. A check of Reid's vehicle revealed all it's tires were inflated.

20. That on 07/21/98, during the investigation of an unrelated homicide case, members of the Connecticut State Police, Western District Major Crime Squad interviewed and obtained a written statement from Theresa Coons. She is the mother of Franklyn Reid's three (3) children. Coons stated that she had a relationship with Reid for approximately six (6) years. During the relationship, Reid used drugs and was physically abusive to her, which included striking her with a coathanger, throwing beer bottles at her, punching her in the face, pointing a gun at her head, holding a knife to her, throat, and holding an ax to her throat and telling her he'd kill her. She stated that she lived in fear of Reid throughout the relationship.

21. That a Connecticut Criminal Record check revealed that Franklyn Reid DOB 04/12/71 had a lengthy I criminal arrest record dating from 1 992 to the present, to include; Assaults, Sexual Assaults, Violation of Probation, Interfering/Resisting Arrest, Harassment, Criminal Mischief, Weapon in a Motor Vehicle, and Breach of Peace. He is a Convicted Felon. As well, a New York Criminal Record check revealed that Reid had been arrested in 1993 for Criminal Possession of a Controlled Substance - Opium/Cocaine, and For Child Endangerment.

22. That an NCIC computer check revealed that New Milford PD held two (2) active arrest warrants for Franklyn Reid. The First warrant charging Reid with FTA 2nd on an original charge of Breach of Peace and Threatening The second warrant charging Reid with Threatening (4 counts), both warrants were misdemeanors. Furthermore, the Connecticut State Police, Troop L, Litchfield held three (3) active re-arrest warrants for Reid. The First charging Reid with FTA 2nd on an original charge of Harassment (6 counts). The second charging Reid with FTA 1st on an original charge of Assault 2nd and Violation of Probation. The third charging Reid with FTA 1st on an original charge of Sexual Assault 3 and Violation of Probation. The latter two (2) warrants are Felony warrants. 

23. That based upon the facts established in this investigation it is known that Franklyn Reid was indeed a convicted felon, with a history of violence. At the time of this incident there were five (5) active arrest warrants for him, two of which were felony warrants. Reid had abandoned his car and fled on foot from Sgt. Cramer, to avoid arrest, he also telephoned his girlfriend (Pam Luning) asking her to pick him up at the Sunoco and when confronted by Off. Smith and Det. Shortt, at the Sunoco, engaged them in a foot pursuit. Based upon the statement purported to be from Off. Smith, Reid failed to readily comply with Smith's commands. Reid was positioned on his knees, with his back toward Smith. Smith, standing behind Reid, feared that Reid was accessing a weapon, and fearing for his life, Off Smith intentionally discharged his duty weapon, firing a single shot into the back of Franklyn Reid, causing his death.

24. That based upon the aforementioned facts and circumstances. the affiant has probable cause to believe that the accused Scott Smith, DOB 11/06/71 did commit the crime of Murder, in violation of 53a-54a of the Connecticut General Statutes.

25. That this warrant has not been presented before any other Judge or Court.