New Haven cop
arrested in gunplay incident denies being there
NEW HAVEN — One of the police
officers arrested for off-duty and possibly alcohol-fueled gunfire repeatedly
denied being anywhere near State Street at the time of the shooting, police
said.
But the state forensic lab confirmed
five shell casings recovered near the corner of State and Clark streets were
fired from the .40-caliber department handgun issued to Lawrence Burns, 38.
In all, three police officer were on
paid leave and facing criminal charges in the April 1 incident outside
Christopher Martins restaurant.
“You need to come back to State
Street because we need to talk about what happened,” Sgt. Steve Teague told
Burns in a cell phone call about 15 minutes after the incident.
The three officers were present when
on-duty officers first arrived but left while the officers were speaking to
witnesses.
“Naw, I wasn’t on State Street,
Sarge,” Burns said. Teague asked him several more times.
“I’m going to ask you again, were you
on State Street 10 minutes ago?”
“No, no. I was on State Street maybe
an hour and (a) half ago,” Burns said.
The conversation didn’t last much
longer. Teague asked Burns where he was. Was he home? Was he heading home? He
didn’t get a straight answer, according to an arrest warrant affidavit.
Before he hung up, Teague said, “If
that’s how you want to handle it, that’s fine.”
Burns and Officer Charles Kim, 35,
both are charged with firing weapons just after closing time outside the
popular State Street bar. Officer Krzysztof Ruszczyk, 31, didn’t fire a weapon
but was charged with interfering with police.
All three were released after
signing a written promise to appear in court.
Court records provided the most
detailed account of the event yet. Officers arrived at about 2:40 a.m. and were
flagged down by two witnesses who said people were shooting at the corner. While
they were speaking to one officer, another on-duty patrolman approached the
three off-duty officers a block down.
“It’s nothing. It’s 55s,” Burns
allegedly told the officer, using the police code for fireworks.
The on-duty officer told them to
stay there and drove to the witnesses to get a description of the shooters. In
the interim, police said, Burns drove off.
“That’s the guy who was shooting and
(you’re) letting him go,” the witness said as a yellow sports car sped off.
Despite also being told to stay,
Ruszczyk and Kim also left in a vehicle., police said.
In the next half hour, Burns called
an on-duty officer several times asking what was happening.
“This incident is not going away,
you need to come back, you need to call Ruszczyk, you guys need to come back
here,” the officer recalled telling Burns.
Detectives recovered six shell
casings at the scene, one from a .380-caliber pistol and five others from a
.40-caliber.
Under order, the three officers
turned in the guns, ammunition and badges later that afternoon. One of Burns’
magazines was missing seven rounds of ammunition. A day later, Kim surrendered
a .380-caliber handgun.
On Thursday, the same day police
secured arrest warrants for the three officers, a forensic technician confirmed
for police that the shell casings recovered at the scene and been fired from
the .380-caliber belonging to Kim and the .40-caliber issued to Burns.
The three men are due in court on
April 20.
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Misconduct.