DOJ Declines Charges in Officer-Involved Shooting at Dover Sr. Living Facility
DOVER, Del. – The Delaware Department of Justice has declined to pursue charges in the fatal officer-involved shooting that occurred at a Dover senior living facility in Jun. 2024.
On Jun. 4, 2024, 51-year-old Arnold Azamar, Jr. attempted to remove his mother from Harmony at Kent and threatened to shoot several bystanders, striking and killing one. Two Delaware State Police (DSP) officers, identified as Sargent John Wilson and Corporal Eric Saccomanno, fired three rounds at Amazar, killing him.
In accordance with Delaware State Law, the Division of Civil Rights and Public Trust (DCRPT) launched an investigation into the shooting to determine whether the officers’ use of deadly force constituted a criminal act. DCRPT investigators and attorneys reviewed evidence consisting of video footage, witness interviews, police interviews, dispatch records, scene photographs, forensic evidence and analyses, and medical records. The following information consists of their findings.
Facts of the Case
Arnold Azamar, Jr. arrived at Harmony at Kent to visit his mother on Jun. 4, despite being previously banned from the property, in part due to aggressive behavior. During the visit, an exception was made and Azamar was permitted to finish having dinner with his mother. At the conclusion of dinner, there was a dispute over Azamar remaining at the facility or possibly taking his mother with him. Staff from Harmony at Kent, including an off-duty maintenance worker who had previously dealt with Azamar, identified as 59-year-old William Whitehead, called 911.
Whitehead arrived at the facility with his 8-year-old son. He asked Azamar to leave, leading to a verbal argument. A further confrontation ensued, resulting in Azamar punching Whitehead and running to his white SUV in the parking lot. When Whitehead ran after him, Azamar pulled a pistol from the inside of the SUV and began waving it around.
Azamar’s cousin, Stuart Outten, was alerted to the situation by family and arrived at the scene. Azamar fired at and struck his cousin’s car, causing Outten to immediately flee. Azamar then continued to fire and struck Whitehead, who collapsed in the parking lot. Additional 911 calls were placed by staff and other witnesses, including Outten. Whitehead’s son began to take cover in the white SUV.
Azamar’s mother then wandered out into the parking lot with Azamar. Dispatch continuously updated responding officers based on information relayed by 911 callers. Several DSP troopers and officers from the Dover Police Department, Probation & Parole, and Wyoming Police Department arrived, taking tactical positions around the parking lot, with Sgt. Wilson on the eastern side and Cpl. Saccomanno on the far western side.
Despite attempts to persuade Azamar to drop his weapon and seek assistance, he refused. Once Azamar’s mother stepped to the side and out of the line-of-fire, Sgt. Wilson fired two shots and Cpl. Saccomanno fired one shot from their rifles. All three shots struck Azamar. Once he was disarmed, life-saving measures were started on Azamar and Whitehead. Both were transported to Bayhealth Kent Campus where they were pronounced deceased.
Case Evidence
Surveillance footage from Harmony at Kent shows the initial interactions between Azamar, staff, and Whitehead. The area around Azamar’s SUV and the entrance of the parking lot are not visible from the cameras; therefore, no footage of the shooting incidents is available. Additionally, body worn camera footage from the officers on scene was reviewed; however, given the tactical positions taken and distance from the suspect, there is no footage of evidentiary value of the shootings.
Some footage shows the positioning of Azamar and his mother in the parking lot prior to the troopers’ shots. Additionally, audio confirms that after unsuccessful negotiations with Azamar, two shots followed by one shot were fired, which confirms the accounts given by Sgt. Wilson and Cpl. Saccomanno.
When officers approached Whitehead, he had an apparent gunshot wound to his chest and exhibited no signs of life. An autopsy of Whitehead confirmed that he suffered from two gunshot wounds, including one to his chest, which was the cause of death. The autopsy of Azamar revealed gunshot wounds to his right arm, chest, abdomen, and back. Azamar’s cause of death was multiple gunshot wounds to his torso.
DSP evidence technicians collected ballistic evidence from the shooting scene, as well as the pistol held by Azamar and the divisional rifles of Sgt. Wilson and Cpl. Saccomanno. A projectile recovered from Whitehead’s spine, and 9mm casings found at the scene were confirmed to have been fired from Azamar’s pistol. Two projectiles recovered during Azamar’s autopsy were determined to have been fired from the same firearm, although analysis was inconclusive regarding which firearm discharged them.
All officers on scene and several civilian witnesses were interviewed. Officials say that because no contradictory statements were made, the only summarized interviews are for the troopers who used deadly force. Testimony from Sgt. Wilson and Cpl. Saccomanno aligned with reviewed case evidence, including body-camera footage. Both officers maintained their top concern was the safety of all bystanders in the parking lot at the time of the incident.
DCRPT Conclusion
Sgt. Wilson’s and Cpl. Saccomanno’s use of deadly force was found to be justified for the purpose of self-protection and the protection of others. At the time deadly force was used, Azamar had already shot Whitehead in the parking lot. Troopers believed there was an additional victim inside Harmony at Kent, and that an 8-year-old was in a nearby white SUV. Additionally, attempted negotiations and demands to Azamar to put down his weapon were refused. A review of the relevant evidence confirmed the timeline of events. As a result, 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.
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