Deadly shooting of Douglas S. Musto by Westfield police officer was justified, DA says

WESTFIELD, Mass. (WWLP) - A Westfield police officer who fatally shot a man that stabbed another officer was legally justified in his actions, Hampden County District Attorney Mark Mastroianni says.

On Monday, Mastroianni released the results of the investigation into the April 7 shooting death of Douglas S. Musto , 27, of Southampton. Musto was killed after being shot four times in the upper torso and chin by Officer James Renaudette at Musto’s estranged girlfriend’s apartment. Musto had attacked Officer Francis Gaulin, stabbing him in the thigh, and police were unable to subdue the suspect with a taser.

“Considering all the facts and circumstances I have reviewed, I have concluded that the homicide of Douglas Musto was legally justified,” Mastroianni said in a statement sent to 22News.

According to the District Attorney, police were called to the apartment at 128 Elm Street on April 7, when his estranged girlfriend complained that Musto had tried to kick-in her apartment door and would not leave.

Officer Gaulin arrived, finding that the security door of the multi-unit apartment was unlocked, and Musto was crouched down by a railing, looking at the uniformed officer. Gaulin asked Musto to put his hands up, and after the third time, he finally did.

Mastroianni says that Gaulin then tried to speak to Musto’s estranged girlfriend, and as this was happening, Musto began to drop his hands, revealing that he had blood on them.

Gaulin told Musto to put his hands up again, but Musto yelled at the officer, telling him that he was not going to be arrested. Gaulin tried to calm Musto down and told him that he needed to handcuff him just as a precaution, but Musto continued to refuse, insisting that he would not be arrested.

Gaulin called for backup, and Musto made two fists. The officer took out his taser, ordering Musto to back down. Instead of complying, though, Mastroianni says Musto reached for a 3 1/8 inch folding knife with the blade opened. Gaulin repeatedly told Musto to drop the knife, but he did not and advanced toward the officer, even after being warned that he would use the taser.

Gaulin fired the taser at Musto, and he dropped the knife, but he pulled the wires away quickly and tried to pick the weapon up off the ground. Gaulin then jumped on Musto, trying to get him to stop.

Officer Renaudette arrived at this time, and he reached for his taser, but switched to his gun after seeing Musto and Gaulin struggle for the knife. Musto got a hold of the knife and stabbed Gaulin in the upper thigh. Renaudette ordered Musto to stop multiple times, but he did not, and the officer shot Musto once, but that only stopped him for a couple seconds, and Mastroianni says Musto kept advancing toward Gaulin, who was unable to move quickly due to his wound.

With Musto just five feet away from Gaulin, Renaudette fired four more times, causing Musto to fall to the ground.

Musto died from his wounds inside the apartment. Officer Gaulin was taken to Baystate Medical Center for his wound, which cut deeply into his thigh; requiring sutures to close.

Mastroianni says that based on the results of their investigation, he believes that the two officers had acted appropriately. “I have concluded that the actions of Officers Gaulin and Renaudette at 128 Elm Street on April 7, 2012 were in response to Douglas Musto’s felonious assaultive behavior. At the time each officer acted, each feared for the safety of his life and/or the life of another responding officer and the residents of 128 Elm Street. Neither officer used excessive force at the scene,” the District Attorney said.

An toxicology report on Musto found that the 27 year-old was not drunk, and had no illegal drugs in his system. Mastroianni notes that in the past, Musto had been treated for mental health conditions, including aggressive-erratic behavior and mood disorders.