State DOJ determines police use of force necessary in fatal shooting of PA fugitive | Delaware First Media
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State DOJ determines police use of force necessary in fatal shooting of PA fugitive

May 24, 2021

The Delaware Department of Justice says the shooting death of a Pennsylvania fugitive by police officers last year was not a crime.

Police shot and killed Evelio Rivera during a December gun battle at a Rehoboth Beach motel that left one Milford police officer seriously wounded after sustaining six gunshots.

Police were attempting to apprehend Rivera in connection to an attempted murder that took place in Reading, Pennslyvania. Rivera had allegedly used a handgun against his brother following a dispute.

According to a use of force report, Rivera’s family told investigators he was bipolar and not taking his medication. Rivera’s mother is quoted as asking investigators, “So it’s true that he’s not going to hurt us anymore?”

After a review of evidence, the state DOJ has determined deadly force used by police upon Rivera was immediately necessary for the purpose of protecting themselves and others.

This is the third and final officer involved shooting reviewed by the Delaware Department of Justice for calendar year 2020.

The state has not found an officer criminally liable for shooting a civilian since at least 2005.