Attorney General: Shooting death justified

The shooting death of a wanted suspect in a motel parking lot near Rehoboth Beach in December was justified, according to a report released by the Delaware Attorney General’s Office May 21.

A task force of U.S. Marshals and other law enforcement had tracked Evelio R. Rivera to the Econo Lodge on Route 1 to arrest him for attempted murder when Rivera fired several times at police, seriously injuring task force member Cpl. Timothy Webb.

“Upon careful consideration of the available evidence and the application of expert opinion to that evidence, Cpl. Timothy Webb, Corporal Josh DiGiacomo, and Probation Officer George Ramsburg reasonably believed that the use of deadly force upon Rivera was immediately necessary for the purpose of protecting themselves and others. For these reasons, the Department of Justice concludes the use of deadly force in this case does not constitute a criminal offense under the laws of the State of Delaware,” the report states.

The Attorney General’s Office found the shooting death was justified because force was immediately necessary to protect themselves and others.

“Rivera’s danger to the public and the police was well known. He was a fugitive with a substantial history of violence and he was wanted for attempted murder. The USMS Task Force took on the responsibility of securing Rivera’s arrest. During their attempt to lawfully take Rivera into custody, Rivera shot at the officers. He fired the same handgun, multiple times, that he had used in his earlier attempted murder, and he caused serious, life-threatening injuries to Cpl. Webb. Under the circumstances, the task force officers’ use of deadly force in response to Rivera’s shooting was justified and necessary to protect themselves and others,” the report states.