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Burlington Police Officer Robert Reyes and his partner Aurise Miedico were dispatched to the home of Paul Courtemanche, 42, on Jan. 23, 2022, after he called 911 to say he "didn't know how he was feeling." He also gave an ominous warning during the call that he had a knife and didn't know how he would react when police arrived at his home.
When the officers arrived at his Baron Park Lane apartment, Courtemanche walked outside holding a large blade, reports at the time said. The officers repeatedly told him to drop the weapon, but he raised it above his head and began to charge at them, according to those reports.
Reyes shot Courtemanche with a non-lethal round, but that did not stop the man. He continued toward them. Miedico fell as she backed away from the man, and as he continued to gain ground on her, she fired two shots into Courtemanche's chest, the ruling said.
Those shots proved fatal.
Judge Shelby Smith called Miedico's actions "reasonable" given the circumstances, writing the officer had no other recourse than to use deadly force.
Applying the credible evidence to the applicable case law pertaining to the use of deadly force in defense of oneself or others, the court finds that the decision of Officer Reyes to engage with the less-than-lethal shotgun was objectively reasonable upon Mr. Courtemanche’s initial approach, within the meaning of Graham v. Connor. Officer Miedico fired her weapon after Mr. Courtemanche was not subdued by the less lethal shot and continued toward her at a quick pace, armed with a knife. Any reasonable law enforcement officer in the same position would reasonably believe that she was in imminent danger of being seriously injured or killed. At that moment no reasonable alternative existed, except for the use of deadly force.The court finds that a reasonable prudent person would not find that the actions of Officer Miedico make her criminally responsible for the tragic death of Mr. Courtemanche, or that she is otherwise criminally responsible.
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