AUGUSTA, Maine — Maine’s attorney general has concluded that a Farmington police officer was justified in using deadly force in a shooting last November that killed an ex-Army Ranger who confronted him with a knife.
Justin Crowley-Smilek, 26, was fatally shot on Nov. 19 in front of the Farmington Town Hall by Farmington police Officer Ryan Rosie after Crowley-Smilek came at him with a butcher knife.
Crowley-Smilek, who served in Afghanistan, suffered from combat stress and physical injuries from service and had been ordered to seek treatment shortly before the armed confrontation with police.
In a report issued Monday, Attorney General William J. Schneider concluded that when Rosie fired his weapon at Crowley-Smilek, “it was reasonable for Officer Rosie to believe that deadly force was imminently threatened against him, and it was reasonable for Officer Rosie to believe that it was necessary for him to use deadly force to protect himself from the imminent threat of unlawful deadly force posed by the actions of Mr. Crowley-Smilek.”
Crowley-Smilek’s death led to the passage of a law that creates a special treatment court for veterans suffering from drug addiction and mental illness.
The bill, sponsored by Rep. Maeghan Maloney, D-Augusta, was presented in memory of Crowley-Smilek, who returned from Afghanistan with post-traumatic stress disorder and was shot and killed after he threatened Rosie with a knife.
Crowley-Smilek had been in and out of court several times, including the day before his death, when he was ordered to seek psychological help.
Shortly before the shooting, Crowley-Smilek turned up at the town’s police department and asked to speak with a police officer, according to Schneider’s report.
Crowley-Smilek refused to provide his name and said that “there had better be two officers.” When Rosie went to the front entrance, he saw a man later identified as Crowley-Smilek walking away.
Rosie tried to engage Crowley-Smilek in conversation, but the veteran initially did not respond and continued to walk away toward the street. He then “stopped walking, turned around and, with his hands in his coat pockets, started walking at a brisk pace straight toward Officer Rosie. He did not speak. Officer Rosie did not know the man,” Schneider wrote.
Crowley-Smilek continued walking toward the officer, ignoring demands that he take his hands out of his pockets. As Rosie took cover behind his police cruiser, Crowley-Smilek took a butcher knife out of his coat pocket and “held the knife out at arm’s length in front of his body in a threatening display toward Officer Rosie as he continued moving toward the officer,” the report said. Rosie shot Crowley-Smilek after he charged at him.
“Whether deadly force by a law enforcement officer is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation,” Schneider concluded.
“The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight,” he said.
Has the Attorney General ever ruled otherwise?
The answer is never. Nor will they ever since this is a special police unit investigating the police. I have a criminal justice degree, was a private investigator and know of two cop killings that were NOT justified – one happened near Jackman and the other in Monmouth.
If a cop shoots himself is it justified?
Glad to know you are privy to all the investigative notes, interviews, etc… But tell me, if they were ruled “justified” when they weren’t why didn’t the surviving family members file a wrongful death suit? And why didn’t the family request the intervention of the U.S. Department of Justice if excessive force was used when it shouldn’t have?
In the Jackman case, Kathy Hegarty’s husband did file a wrongful death suit and he was awarded $60,000 – all of which he spent on attorney’s fees. I know much, much more about the case than I can talk about as I was friends with two of the officers who were at the shooting. Police make mistakes like everyone else.
First I never said officers do not make mistakes. Second you referenced two cases but only provided additional details on one. The other one would be?????
The story is that State trooper Don Armstrong and Lynne Doucette of the Monmouth Police showed up at the home of Jerzy Sidor, 43, of North Monmouth on December 29, 1999. Unfortunately, the police officers did not follow their instructions from a caseworker even though Sidor’s mother had just called for 911 for help. Just moments before the ambulance and medical people arrived who were familiar with Sidor’s mental issues and had dealt with him before, Sidor’s mother
witnessed her son being shot dead in the driveway after he brandished a sword. The trigger-happy State police officer was very much criticized by the local Monmouth people who knew Jerzy Sidor’s problems but also knew that he was harmless even though he was off his sedating drugs on this day. Some people, including a couple of relatives, were so upset over Armstrong’s act that they wrote him a threatening letter or two and also made a threatening telephone call. It seems that Armstrong got paranoid and went off the deep end himself. And as a census taker I had a very scary experience shortly after this with Armstrong and had to be escorted in the area by Armstrong’s father who was a retired State Police officer.
Well Bill people who are not taking their meds as prescribed and brandishing swords are not a threat right? You said you hold a CJ degree, did you ever work the street or did you go directly into the PI business?
And be careful about you characterization of Don Armstrong “got paranoid and went off the deep end himself” as he is currently a Detective and assigned to the Gambling Control Unit. What you just did was commit libel.
How is it libel if its true? I know of a few cops that did things . Were reported and never got into trouble.
Well Bob since the statement was made to Bill why don’t we wait for his answer. By the way, just saying it is true doesn’t make it true.
Jd, I agree with the facts as you present them. I just wish that training allowed for non-lethal means of controlling distraught people; particularly since occurrences of PTSD have increased as our men and women return from duty overseas.
I agree that officers should have all the training and all the tools available to do their jobs. I also agree that we need to do a better job for our returning vets and the system failed in this case just as it did at Togus last year too.
But which system failed them? I believe it was the system from the time they left the service, the VA. By the time both individuals came in contact with the officers that fired the fatal shots it was too late. One fired shots shots at a hospital building and later leveled his firearm at the officer. The other charged the officer with a butcher knife. They both knew what was likely going to happen. They both had training in when deadly force was “allowed” to be used in what’s called “rules of engagement” training.
Bottom line, we need to do a better job when it comes to out returning vets. We ask them to do what they do and then expect them to assimilate back into society without a problem. These two cases and others around the country are telling us that we are failing them.
sadly, yes, yes and yes.
Bill, not only are you committing libel, your facts are wrong, quite wrong on who was there and what happened, I know first hand. As a matter of fact for a guy with a CJ degree and you claim a PI license you have managed to get yourself into a number of less than ethical situations. Specifically I am referring to the one where you were caught wearing an official, state of Maine, issued Game Warden hat, of course we all know you are not, and have never been a Warden, but you found it appropriate to walk around as though you were one. Donnie is a great guy, I do not know the officer in this case, but from the sounds of it he had no choice as it was most likely a suicide by cop. Oh, and I don’t think either of the officers who were in Jackman would call you a friend, try to be a bit less dramatic and go file another lawsuit or something.
Well Bill I did some research based on JAFMO comments below.
I discovered that you do hold an AS in Criminal Justice from the University of Maine at Augusta that was awarded in 1995.
But I found no reference to you ever holding a Maine PI license. Where did I come up with this information you might ask?
Well it comes from the “TESTIMONY OF WILLIAM RANDALL REGARDING ZP 707 PLUM CREEK PETITION FOR REZONING MOOSEHEAD REGION PRESENTED TO THE MAINE LAND USE REGULATION COMMISSION August 27, 2007” page 5 to be precise. http://www.restore.org/maine/randalllurc.pdf
So if I am mistaken please provide the documentation to back up your PI claim.
You left out the 1 in Thomaston and the 1 at Togus
I heard that there’s never been a police shooting in Maine that was ruled unjustified.
Exactly – it’s a given the AG’s office will rule this way. After scrolling through the comments here are some facts: It appears the AG’s Office will protect even corrupt officers (this is in no way a disparagement to those in law enforcement who are officers with integrity, acting professionally and in-line with the mission statement to serve and protect – our thanks to all of you). However, Brunswick has several officers, including Police Chief Richard Rizzo filing falsified reports. It’s possible Lynne Doucette, an Officer in Brunswick, is the same Officer Doucette mentioned of Monmouth. Officer Doucette is one filing a falsified report; as evidenced by audio recording. A formal complaint was filed with then Police Chief Hinton; there was no investigation. A conversation with then Commander Rick Desjardins resulted in his statement (after reviewing the evidence) that the issue was serious, there would be a look at malfeasance and the results could be “career- changing”. Still, nothing was done. Other Officers continued with the same behavior of filing falsified reports; documentation included witnesses and audio/video recordings. Another fact, Officers Mark Waltz & Kevin Skofield (currently police chief in Bridgton) disregarded a Maine Superior Court Order by removing legall-placed no-trespassing signs then entered a residence without want, warrant — nothing – they entered the house beyond doors containing locks and deadbolts – to threaten the property owner to “come to an agreement” with the town at a mediation scheduled for 5 days later with the Town of Brunswick (evidence included another adult witness, videotaped). Yet another fact, Officer Michael Moody falsified a report in conjunction with ADA Michael Madigan; evidence provided, again, audio and videotape. The AG’s Office lead investigator, Brian MacMaster has yet to investigate. It appears reasonable to expect an investigation into all complaints of police officers. What appears to be happening is willful cover-up, actions occurring under the color of law, a total disregard for the laws of the State of Maine including Constitutional Rights. It is very concerning that these “law enforcement” employees still continue to work in the same capacities; without consequences, the risk is likely that the same illegal police conduct will be perpetuated on others. As far as filing suit, the majority of the people do not have the money to address these issues in court. It remains up to those agencies over-looking police misconduct to do their jobs… so far that is not happening.
Sam take your evidence of police corruption to the U.S. Department of Justice. They have a division called the Civil Rights Division and have investigated case of police corruption in the past in many different parts of the country. It cost the person nothing….its free.
Then you also have the option of the American (or Maine) Civil Liberties Union that east these case up.
So if you have evidence or corruption and you are not satisfied with the response from the Maine AGs office you have other options available and none of them will cost you or anyone else money.
Thank you, jd2008jd; I appreciate you’ve taken the time to respond. Yes, the documentation including audio and video tapes have been sent to the Department of Justice. The ACLU has limited funds as well; Maine’s division is perhaps even more limited – we’re (Maine) not on the radar. Silence is what a corrupt system requires to continue. Needless to say, the opportunity to speak may protect others. Audio and videotaping is also protection (and evidence); ethical and professional law enforcement do not appear to have issues with citizens utilizing this technology. Thanks again.
POLICE & AG B.S. – all that cop Rosie had to do was TASER that Crowley war hero!!!
* FORMER ARY HERO CROWLEY was POISONED by the military’s dangerous anti-malaria drug LARIAM (mefloquine), which is well-known to cause permanent & severe neuro-psychiatric side effects in MANY soldiers.
All that coward cop Rosie had to do was TASER Crowley!!!
PLEASE, PLEASE write your reps and tell them to TAX the RICH and PAY
Lariam-poisoned and disabled veterans NOW, instead of the VA’s “delay,
deny, til the day they die”!!!
A similar ruling is predicted for the Lamoine snafu, coming soon.
Good, justified ruling. Need help? get it. Don’t go after people with knives. Death by cop. Period.
This is a young man that served our country and returned with PTSD. We should figure out how to handle these situations without killing someone. There will be many returning from the useless war with PTSD and behaving in a similar manner. Very sad for all involved.
Unfortunately fatboy07 the person needing the help has to want it, it has to be available and it has to be now and not next week or next month.The officer involved had to make a decision and with a killing radius of 20-30 feet for knives it doesn’t take long to close the gap.I was not there nor am I privy to the investigation but to put the onus on the officer to make a different or better decision when the VA or his PCP should be thinking about why they didn’t get help to him sooner is the better way to deal with this problem with returning vets.
You reason with a knife. I don’t know the language. nReread the girlfriend’s “testimony.”
Useless war huh? Did you have the nuts to grab a rifle and fight for your country?
I do not believe any of the wars we fought in the last 60 years were for this country.
Well good for you, then move to China or Russia, they would love to have you!
I would not want to risk my life for OIL . I was a strong oponent of the IRAQ war . Because I was never told why why were going into the war except lies Like the whole world thinks he has WMDs . Being a ham radio operator and talking to other people around the world the majority of people did not think he Had WMDs . He might have had them but was not a treat to us. My point is if they would not LIE to us about facts . Maybe I would have understood better the real reason. I question authority . I absolutely Hate being lie to even if it is about little details .
Oil huh, noticed that gas prices havent gone down? If we were there for oil then gas would be dirt cheap and you know it! And if you don’t think that there were WMD’s over there, then you’re nuts!
I have seen WMDs at a plant in the Bangor area . I needed to take a training class just to be able to work in the building yes Iraq had some WMDs . Just was not a major threat to us. Maybe keeping the price of oil high is part of the plan . I have my doubts if oil is a fossil fuel It may have an abiotic source . We have found methane on Titan . I do not think it came for fossils.
maybe you should get the nuts to understand what free speech means and why it is so important to democracy.
you sound kind of like the Taliban the way you want to get rid of people who don’t agree with you. Isn’t that what our men and women are dying for right now? to eradicate that very way of thinking.
I support the Vets, obviously.(my family is full of them, dead, inured and living) I still think the war was useless and only a few rich folks got richer for all the “fighting” that has gone on. Explain to me what we gained besides a country that is falling apart, poor getting poorer, rich getting richer, no middle class, no jobs and millions with injuries and severe PTSD.Children and families with dead loved ones…………on and on………….
This report raises multiple questions:
1) Why does it always take the Attorney General’ s office at least 6 months to render these decisions ? Are they hoping the public will forget the incident ?
2) If the Farmington police department had already had more than one incident with Crowley-Smilek why did the least experienced act alone to confront him ?
3) Young man brings a knife to a gun fight and a police officier shoots him multiple times. Surely once might been enough ? I think they call this overkill.
4) Young man serving as a ” police officier ” has no formal training but yet we put him on the street with a gun? Even a game warden has to be trained before he goes into the field. Perhaps it is time we develope some qualifications to be a police officier besides I want to be.
Now I have to tell you if I was a law enforcement officier and some one had a gun and they were threatening me I would shot to kill. However now it seems that they are imune from making poor decisions. I do not want the young officier to go to jail but I certainly feel he and the Farmington Police Department should have to be accountable.
Let me attempt to answer your questions:
“1) Why does it always take the Attorney General’ s office at least 6 months to render these decisions ? Are they hoping the public will forget the incident ?”
Because it’s not the only case the AGs office is involved with. How many domestic violence homicides have there been in the past six to twelve months? Investigations take time. Bob Carlson took the leap on November 13th and here we are 5 months later and the investigation is still ongoing.
~~~~~
“2) If the Farmington police department had already had more than one incident with Crowley-Smilek why did the least experienced act alone to confront him ?”
Your question is making an assumption that is not in evidence. Just because it may or may not be the “least experienced” officer doesn’t mean a different officer would have made a different decision.
~~~~~
“3) Young man brings a knife to a gun fight and a police officier shoots him multiple times. Surely once might been enough ? I think they call this overkill.”
Officers are taught to shoot until the threat is neutralized. In this case the report says (again I am only working off the BDN article) ” He then “stopped walking, turned around and, with his hands in his coat pockets, started walking at a brisk pace straight toward Officer
Rosie. He did not speak. Officer Rosie did not know the man,” . Crowley-Smilek continued walking toward the officer, ignoring demands that he take his hands out of his pockets. As Rosie took cover behind his police cruiser, Crowley-Smilek took a butcher knife out of his coat pocket and “held the knife out at arm’s length in front of his body in a threatening display toward Officer Rosie as he continued moving toward the officer,” the report said. Rosie shot Crowley-Smilek after he charged at him.” What would you have done and please don’t say “shoot to wound” as police officers are not taught to “shoot to wound” but shoot to neutralized.
~~~~~
“4) Young man serving as a ” police officier ” has no formal training but yet we put him on the street with a gun? Even a game warden has to be trained before he goes into the field. Perhaps it is time we develope some qualifications to be a police officier besides I want to be.”
Where does it say he has “no training”. Even reserve officers have to take and pass the 100 hour course. Municipal police officers attend the Maine Criminal Justice Academy and take the same course work as a State Trooper, Game Warden, etc…
~~~~~
So what would you have done differently?
Actualy, Officer Rosie had not attneded the Criminal Justice Academy If he had, maybe the entire incident would not have happened.
First I will ask for your documentation and then I will repeat what I posted earlier.
Any sworn (commissioned) officer in Maine must complete at a minimum the 100 hour course before he/she may perform law enforcement duties which include the carrying of a sidearm.
It was in all the original reports that were all the newspapers, that Officer Rosie had not attended the academy but was going to soon. sheesh, if you are going to lay into people at least know the original facts of the story instead of demanding proof by someone else. troll.
Well thanks for chiming in Tanner…first let’s clear up something. You have never seen me “lay into” anyone.
Second here is the link to the original BDN article. Would you be so kind to point out where it says “Officer Rosie had not attended the academy but was going to soon” http://bangor-launch.newspackstaging.com/2011/11/19/news/state/farmington-police-involved-in-fatal-shooting/?ref=relatedBox
I did find that reference later in another BDN article. But would you like to know something? It doesn’t matter. As I have stated at least twice ANY sworn (commissioned) officer in the state of Maine that is authorized to carry a firearm and make arrests has completed at a minimum what was once called the 100-hour course. That means the officer HAS training. Maybe not the full 18-week Basic class but has completed what the Legislature has said is the minimum required training.
But stay tuned Tanner as you will likely see me “lay into” someone at some point in time. It does happen on occasion so keep reading and watching.
By the way, here is the definition of a troll is someone who posts inflammatory, extraneous, or off-topic messages in an online community. So please how are my posts “inflammatory, extraneous, or off-topic”?
It all fun Jd . We do not have the answers so we make them up. Relax .
Bangor Dialy News “According to Peck, Rosie has been with the Farmington police force since June of this year and has not received training at the Maine Criminal Justice Academy in Vassalboro. Rosie is scheduled to participate in an 18-week training session at the academy beginning in January 2012, the chief said.”
Canny scroll down two post and you will see I already found the reference 23 minutes prior to your post.
Thanks!
You are probably the only one posting in this thread who has a clue about law enforcement, deadly force, or the the threats faced on the street.
Not to mention the officer was most likely interviewed multiple times because in high pressure situation such as this you’re fight or flight instinct takes over and often times you don’t remember everything that happened immediately after. The devil is in the details and the AG’s offices is going to want every detail they can obtain before making a ruling. Not to mention the time it takes the State Police to conclude their investigations. It’s not like tv where you get results in an hour, it takes time and 6 months is more than reasonable.
As to the comment about Game Wardens, not only are they required to attend the 18 week Police Academy, they also have an additional Game Warden Acadamy they have to attend as well to learn about wilderness survival, fish and game laws, ect. Becoming a Warden isn’t easy by any stretch of the imagination.
The Greenlief case was not investigated that long .
A) not even remotely connected to what we are talking about and B) off topic.
are you and attorney by chance . I have and uncle that is one and he never comments in the media
Why does it matter what I do for a living?
In the words of Gomer Pyle, “Surprise, surprise, surprise!”
No surprise, he needed help….
Yes he did and the VA failed him.
Sad that he was shot, but dont charge an officer with a knife…..
I am soooo surprised.
Another trigger happy cop, who should have been able to diffuse this situation without the use of deadly force.
I love trolls, they add so much to an adult conversation.
Rosey should of tried his taser before his firearm, considering Smilek only had a knife. Sounds to me like the Farmington police were aware of Crowly – Smilek. Rosey probably should have sought back up before approaching Crowly – Smilek; especially considering he had basically just threatened the police department. I think the matter should have and could have been treated differently.
A knife is deadly force. A Taser is considered less then lethal force. If the office was equipped with a Taser (and nothing I have read says he was) he could have used it or he could have chosen deadly force.
Deadly force should always be met with deadly force. Aqything less and someone doesn’t go home to his/her family at the end of the shift.
According to the report quoted in the BDN the officer retreated and sort cover behind the cruiser but the suspect keep approaching until he removed the butcher knife and charged the officer.
If you were in the officers place what would you have done?
As I said before I think this tragedy could have and should have been approached in a different way.
OK one last attempt to elicit a response…specifically what would you have done differently given the same equipment the officer had on hand when he was confronted by an armed assailant?
jf2008jd…the voice of reason. It is too bad that you are one of the few here. It is my hope that there are many more of you out there!!
It’s sooo obvious! He should have shot the knife out of the assailant’s hand. I think I saw that in a movie, a Hopalong Cassidy western, or something like that.
LOL that you for the belly laugh!
how?
Oh really? Were you there? Have you ever been in a deadly force situation? Get a damn clue before you open your fat mouth!
I was not there so I do not know if he could have handle it differently . Just saying I personally know one man who became a cop who always said I can not wait till I get to kill someone. I could provide the name but i would be band .
And I know the son of a fire fighter that set a fire a year or so ago that destroyed someones home. There was also a fire fighter in Maine that was convicted of arson and another that plead guilty to theft.
My point, you cannot catch them all. And I assume that the one you reference completed the 18-week Basic course?
Yes he did . He was a cop for a long time . Never did kill anyone . He got fired from the county jail for something he did. Then sued them. Just a man who should have been screen ed better but was not. Married a relative of mine .
Bob since I don’t know when your friend went through the process, it is difficult to know which process he went through. In Bangor PDs case they go through the standard battery of testing that the MCJA requires and also a psychological test and meeting with a psych. Not sure what more you want done to screen officers.
Bobby you better take your meds or put down the Allens and go to and go to bed so you can dream up some more war stories. lol
hmm you’re way too funny, so you think!
My best guess is that you have little to no real world experience with using deadly force or use of force situations that endanger and officer. People like you are the reason that law enforcement is a thankless profession. Hate the police all day but you will never mourn the the loss of a police officer who cannot go home to his family because he loses his or her life.
And…the cops will still respond to the hateful ignorants… even after all the bashing.
For all of you blaming the police for these shootings, what would have happened if the officers didn’t react this way and innocent people were killed? You would be the first people in line blaming the police for not doing there job!
No one is ever justified in taking another’s life…Might of found a photo of
the killer cop without a smile on his face to post…
I have a keen memory of Catherine Hagerty being shot by police in her home and it was ruled justified by the General of the military government known as Attorney General. What a surprise?
United Staes Veterans Affairs has a responsibility to bear for this young man’s death, no question about it.
FARMINGTON POLICE & AG B.S. – all that cop Rosie had to do was TASER that Crowley war hero!!!
* FORMER ARY HERO CROWLEY was POISONED by the military’s dangerous anti-malaria drug LARIAM (mefloquine), which is well-known to cause permanent & severe neuro-psychiatric side effects in MANY soldiers.
All that coward cop Rosie had to do was TASER Crowley!!!
PLEASE, PLEASE write your reps and tell them to TAX the RICH and PAY Lariam-poisoned and disabled veterans NOW, instead of the VA’s “delay, deny, til the day they die”!!!
ok,he was disturbed,needed medical mental health help and had a KNIFE ,they HAD to shoot him!shootto kill?maybe the arm or leg but to KILL him !!I think they should train officers to look at the situation and determine weather force enough to kill is nesscary!
why can’t police shoot these people who are deemed dangerous in confrontations to injure and not kill? I understand each situation is different; however, a life could be spared by selective choice, especially if the weapon in question is not a gun. If you shoot them in the legs, they will go down. I find it pretty hard to believe that every single death by a police officer is justified. Some, and I believe we all know a few, let the power go to their heads. This young man served our country, returned home damaged, and this is the thanks he and his family get? And having an officer out there who has not yet completed the training? Gee thanks, I feel safer already.