SUFFOLK, Va. - An investigation by the Suffolk Commonwealth's Attorney’s Office has found that a Suffolk Police officer who shot and killed an armed man in December 2015 was justified in his use of deadly force and no charges will be filed against him.
Corey Achstein was shot and killed by Suffolk Police Officer James Babor on December 28, 2015.
Around 5:15 p.m. that evening, Suffolk Police dispatchers received reports of an armed man chasing and threatening people in the 300 block of Causey Avenue.
Officer Babor was the first officer to arrive on scene and reporting seeing a person matching the description of the suspect and later identified as Achstein.
Court documents say Officer Babor exited his vehicle with his police dog in his left hand and his gun in his right hand held to his side. As Officer Babor approached, Achstein continued to walk away, despite several verbal commands to stop.
Officer Babor said he could not see a weapon on Achstein but he believed he still had the weapon on him.
At this point, Officer Babor raised his gun and told Achstein that he would shoot if Achstein did not comply. Achstein stated, "go ahead and shoot me" and Officer Babor replied that he did not want to shoot.
After several more commands, Achstein laid on the ground, on his back. Officer Babor said he heard a metallic sound to his left as Achstein was moving to the ground, but did not see what made the sound due to his focus on Achstein.
As Achstein was moving to the ground, Officer Abrigo arrived on the scene. She stated that she saw Achstein throw an object that she thought was a gun as she arrived, but she did not tell Officer Babor.
Later, it was discovered that a metallic pellet gun was found approximately 10 feet from where Achstein had been laying on the ground. It was a replica of a handgun, with no indication that it was not a real firearm.
Both officers were covering Achstein from a distance when Achstein sat up quickly and quickly dropped his hands to his waist, twisting towards Officers Babor and Abrigo.
Officer Babor, believing that Achstein was reaching for a gun and perceiving a threat to himself and Officer Abrigo, fired one shot at Achstein that hit him in the upper back.
Court documents say Officer Babor told Achstein six times to "show me your hands" from the time he came into contact with Achstein until the time he fired the one shot, including several times immediately before firing.
Officer Babor said he only fired one shot because after the first shot, Achstein raised his hands and said "you shot me."
The scene was quickly secured after the shooting and Achstein was transported by rescue to a local hospital where he died from his injuries.
The Commonwealth's Attorney's report says when Officer Babor was asked about why he didn't release his dog, he replied that initially, he thought releasing the dog would be excessive. When Achstein started reaching toward his waist, Officer Babor said he believed it had escalated to a deadly force situation and that the dog was no longer the appropriate response.
Toxicology reports show Achstein's blood alcohol content was .255 percent, more than three times the legal limit of .08 percent by which the state determines a person to be under the influence.
The Commonwealth's Attorney's report says based on a review of the body camera footage and on Officer Babor's perceptions, his actions were reasonable and justified to stop the threat that he believed Achstein presented.
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