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Warren officers cleared in shooting death

Report finds use of force justified in Aug. 3, 2020, fatality

WARREN — An investigative report released Wednesday shows four Warren police officers’ use of force in the Aug. 3, 2020, fatal shooting of David Lee Rigg at a home on Hamilton Street SW was reasonable.

“This investigation will be closed with no action against any of the officers involved,” Trumbull County Prosecutor Dennis Watkins concluded, “and there will be no presentment of this matter to a grand jury.”

Watkins noted Rigg raised his weapon, which later was found to be a long-barreled BB gun, and pointed it at officer Trevor Sumption after taunting, threatening and making clear representations he would make the officers shoot him.

Watkins said the officers had to make a split-second judgment and, in fact, Rigg was carrying out the plan he had expressed not only to the officers but others: suicide by cop.

The conclusion was made after an investigation by Ohio Bureau of Criminal Investigation agents and Watkins’ assistants Christopher Becker and Stanley A. Elkins.

The investigation included recorded interviews of the four officers who discharged their weapons — Sumption, Michael Edwards, Will Fowler and Brian Martinek; interviews with family members and associates of Rigg; BCI’s presence at Rigg’s autopsy; review of all available police dash cameras involved; shooting reconstruction and trajectory analysis; and reviews of related communications on police radio frequencies and 911 / phone communications.

“Looking at the totality of the circumstances surrounding this case, it is incontrovertible that the Warren police officers were justified in the use of deadly force,” Watkins concluded.

Warren police Chief Eric Merkel did not respond Wednesday to an email on the results of the probe.

FACTS OF CASE

At 10:10 p.m. Aug. 3, 2020, police were dispatched to 2161 Hamilton St. SW. The call was in reference to a man beating a woman in front of the woman’s children ages 5, 12 and 16, the report states.

Officers talked to the woman and her children as well as the man, identified as Rigg.

The report noted responding officers, and eventually the Crisis Response Team, made contact with Rigg in efforts to have him exit the home. Throughout the interactions, which took almost two hours: “Rigg made repeated and continuous threats to the officers and himself and (officers) saw what appeared to be a firearm on his person.”

About 11:57 p.m., officers shot and killed Rigg while he was pointing the “firearm-like” item in his hand at officers. The report states the firearm later was determined to be a BB gun, found at Rigg’s side where he was shot.

Medics pronounced Rigg dead at the scene.

On Aug. 6, 2020, an autopsy of Rigg’s body was performed by Dr. Todd Barr of the Cuyahoga County Medical Examiner’s Office. The autopsy found Rigg was shot nine times, with three penetrating gunshot wounds.

The report said one shot caused a wound to the left face and transection of the cervical spinal cord; one wound to the lower mid-chest causing injury to the liver and several ribs; two wounds to the left abdomen causing injury to the bowel and pelvic fracture; two gunshots to the left upper extremity with forearm fracture and arterial injury; and three wounds to the right lower extremity with femoral fracture.

The Trumbull County Coroner’s Office ruled Rigg’s death as a homicide “fatally shot by one or more officers during a law enforcement action.”

A toxicology report found Rigg had a blood-alcohol level of .197, while .08 is the legal limit in Ohio.

DRINKING HEAVILY

During an interview with Sumption, the officer learned from another officer Rigg said he had 16 drinks, mostly of Twisted Tea, a mixture of tea and malt alcohol.

Sumption told investigators he recalled at the time thinking to himself, “that’s a lot. You know, he’s gonna be a complete idiot.”

Most interviews with the officers centered around the firearm Rigg had. At times, officers said he would have it in his hand and other times “Rigg was indicating or saying that he could get it; Rigg would lean in the doorway as though it was right there,” Sumption said.

As far as knowing if it was a BB gun, officers remember seeing it as longer-barreled pistol.

Fowler told investigators the weapon he saw after the incident was a longer barrel, “appearing similar to a semiautomatic handgun, but with a CO2 cartridge in the handle.”

Edwards described the weapon as “metallic — it didn’t look plasticky — like a BB gun — like a toy gun.” Edwards said the weapon appeared to him to be a full-sized pistol. Edwards said Rigg was acting like it was “a real (expletive) gun.”

Martinek, who was the lead in negotiating with Rigg, described the weapon as long, indicating the size with his hands. “It was all black.”

Even though the woman had said Rigg had a BB gun, all the officers agreed they were operating on the assumption it was a real gun. They said they couldn’t trust the information the woman gave because the man was acting like it was a real gun.

NEGOTIATIONS

The report states Rigg didn’t want to exit the home, because the officers told investigators he had been in prison before and didn’t want to go back.

Martinek at one point asked his superiors to let Rigg leave the home and walk to the woodline near the home, where officers would have a chance to use a stun weapon on him. But the authorities nixed the idea saying the Youngstown SWAT team was called and wanted Rigg to remain in the home.

The situation escalated before SWAT could arrive, however, as investigators used audio recordings to find Rigg stating to Martinek and overheard on Fowler’s body microphone: “Shoot me? You better kill me. Cause if not, I’m coming after ya. Plain and simple.”

As far as the use of the stun weapon, Rigg was overheard on body mic saying, “That little (expletive) Taser (expletive), does not bother me.”

RECORD

The investigation noted 20 previous police encounters with Rigg prior to the shooting. Also Rigg’s criminal history showed convictions including:

• On Dec. 14, 2006, Rigg was arrested by Warren police on a domestic violence charge. He was convicted of the lesser offense of disorderly conduct and sentenced to 15 days in jail.

• On Oct. 5, 2017, Rigg was arrested by Youngstown police on charge of criminal damaging or endangering and theft. He was convicted and sentenced to 45 days, which was suspended after 18 days when he was placed on probation and fined $100.

• On Nov. 13, 2017, Rigg was arrested by U.S. Marshals in Cleveland on charges of conspiracy to possess with intent to distribute narcotics and possession with intent to distribute. He was sentenced to four months in prison with 24 months of supervised release.

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