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    Officer Godin Interview

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    ReporterJenna
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    of 35
    ——— Nenfelk District Attorney's Yfce Ceol 45 Shawmut Road aan a eed ebruary 12, 2020 TO: First Assistant Lynn Beland FROM: LLieatenant Gerard R. Mattaliano #1455 SUBIECT: Interview of Officer David Godin Boston Police Department (1 Schroeder Paza, Boston, MA) CASENUMBER: — 2020-112-47 RE Fatal Use of Force Investigation Town of Brookline 1. On February 12,2020 at approximately 10:15 am this officer along with Detective Sergeant John Broderick irom Boston Police firearms investigation unit conducted the attached interview of Officer David Godin. Th interview was held atthe Norflk County District Attomey's Office relativeto the death of Justin Root occurring on February 7,2020 at approximately 9:30 am, inthe area ofthe Star Market parking lot in the town of Brookline. Officer Godin was represented by his union lawyer Ken Anderson also present during the interview. The interview was audio recorded and 2 transcript has been attached to this report asa representation ofthe intwiew conducted RePtullySymings, f= gion, ZUM Phhia~ eee, Cientcant Gerd R. Matialiano #1455 ——j}— Massachusets Sate Police Bet Norfali: County Disrit Attorneys Oise = Crna Ie Perse Toayh Quality Poeing Page 1 of “Teanseript of Recroded Interview of Officer David Gagin Lt Mataiane Here we go, My name is Lieutenant Gerard Mattaliano, M-A-T-T-A-L-I- AAN-O. Today's date is, Wednesday, February 12, Time is, 10:15 am, and we're here ‘oday, uh, investigation, the lethal force investigation, uh that occurred on, um, February 7in Brookline, Massachusetts Auy Anderson: For record, Attorney Kenneth Anderson and ifT could just take a minute just put someting on the tape to memorialize the conversation [had with Assistant District Attorney Mark Blake from the Suffolk County DistictAttomey’s Office, I'd ike to just state on the record that, uh, myself and Officer Godin are here voluntarily. We ‘understand he has, ub, certain rights and protections, and we're waiving those rights and ‘protections and ae hereto give a voluntary statement. Go ‘head. fe Godin David Godin, G-O-D-LN, I'm a police offer forthe City of Boston. ‘SDet Broderick: My name is John Broderick. I'm a sergeant detective. I'm assigned tothe Boston Police firearms discharge investi LtMattslimo: Officer Gost ‘uh, patrol area was that day’? if you could, on February 7, could you tellus what your, fe Godin (My assignment that was, that day was the Bravo 457, which isin Mission ill sector of Distiet 2 Lt Mataiano: ‘And Officer Godin, how many years have you been a Boston Police officer? Ofe Godin: I've been withthe Boston Police officer for 13 years. ‘Lt Mataliano: Ando you have any special training? Page 1 of 34 fe Godin have, um, specific training in nacoties investigation, sp assigned tothe drug unit for approximately 3 years. ‘Atty Anderson: If could, if1 could just interrpt, |, dont want take over bat before ‘becoming a Boston Police officers it fur to say you worked for another department? (fe Godin: ‘Yes, asa police officer in Tewksbury for 7 yeas. SDet Broderick: So, just forthe record, you have 20 years total of service in law enforcement 0% Goan: Comet sir LiMatialiano: Okay, on or about the at, st some point daring that morning, you, you respond toa phon call over bythe Brigham, uh, excuse mea dispatch cll othe Brigham and Wonen's Hospital fe Godin: 1d, yes LiMattalizne: Why dont you tell us how that went down Of Gost: ‘Ween that call eame i, I was on Brookline Ave inthe are of 480 Brookline Ave, [had just made a car stop and as I was clearing the car stop, routinely, as { get back into my vehicle, I shut my portable off on my radio, um, so I esught the end of ‘he radio call. Un, from my perception, the radio call was be givea, was given out as 1 vas getting back ito my car, so I caught the end of it and I remember the dispatcher saying a person pulled a gun on the valet driver at the Brigham and Women's Hospital Brookline Ave i pretty much directly inthe hosptel area, so I was immediately inthe ‘immediate, um, vsinity of the call. So, I goton my radio, I asked the dispatcher, who is Caroline, I said Cerone, can you just give me thet eal again, I'm on, at that time I was Page 2 of 34 ‘on Fenwood Road. She repeated the call to me, um, I took a left off of Brookline Ave ‘onto Fenwood Read, 1 came to the intersection of Fenwood Road and Vining Street snd at thet point, nothing grabbed my attention, 1 took a Jet on Vining Stret upto the intersection of Frncis Street and Vining, when the sergeant ftom Brigham and) Women's Hospital was in tte middle ofthe intersection. His name is Sergeant Troy Ascu, who I ‘know, said to me David, David that guy just pulled a gun on me, | immediately took a Jefton Francis Sueet, another left on Piney, a left on Fenwood, where Ieame 10 the intersection of Fea, Fenwood Road and Vining Street again, Inthe original call, it was a radio call that the person was driving a black Dodge Colt, so as I did that eile, Inever sew a black Dodge Colt, However, when I came around the second time to that intersection, | sawa silver Dodge Colt with it was in the tight tavel lane, facing ‘Huntington Ave with the passenger sort, pass the drivers side door open, 1 parked 0 the {eft ofthat car, taking up the tra the right, the inbound lane travel lane. Texited my car and as [was coming out of my vehicle, there was, um, 2 white male with passes, brown hair. I remember he ada lanyard on his she, uh, a lanyard around his neck, He ssid someone's shooting up there, They havea pun, At that time, Itumed the comer and fiom where | was parked and gettin’ out of my car, was directly in font of, um. the ike 75 Fenwood Road, like one ofthe main Dosptal entrance 1, I tink it was, um, ithe hospital entrances, So, I couldn't see anything around that comer. J turned the comer and SDet Broderick: On oot at sis time? fe Godin 1 was on foot. Yes. I saw a male, black jacket, which was open, black pans, running down the sidewalk, andl as he got closer to me, I saw a firearm in his ‘waistband. And he's yellin' at me, I'm law enforcement. I'm law enforcement, Go up ‘here and atthe sevond time he suid he was law enforcement, I was within 3 feet of him, and be immediately pulled the firearm from his waist and pointed it at me. At that ime, 1 pulled my firearm out, and I gave him commands to drop the gun, and at dhe same time, 1 fred, um, from my weapon. Um, at that point, be stil had the gun out pointed at me, and {began to back up trying to create space with him because there was just the sidewalk Page 3 0f 34 and nothing else where I could take any cover. As I was backing up, | fell over the eur snd onto my back. Um, I emember sayin’ o myself at that time, you know, get the Fup, get the Fup, sayin'to myself, get up. Un he's gonna kill ya. Ifyou don't get up, he's gonna kill you. [got up, got back to my feet, um, I saw him again and my gun jammed. At tat time, I dropped the magazine nnd as I went to reach for another magazine, | looked down und | only had one, and I had no radio. So, 1 grabbed the other magazine, put it back in and as, as was doing that, he was gettin’ back ino is eat. I got, he took off, Um, but whar I do wanna say is when, when I got back up and I tried to engage him ‘again, behind him, there was just too many people and! just suid in my mind, I eat do this, 1 couldnt shoot, Um, I didnt have him, I dont think I had a good shot at that ‘imo, o I didn't wanne shoot someone, some innocent person ‘cause [know thet hospital. | workin that hospital area. I'm there all he time. I know who comes in and comes out So, he got back ino his ear, went Fenwood Road out to Huntington Ave, and 1 ‘immediately got i my car and began to pursue him, {went over the radio. [told the ispatcher, um, itwas 2303. He's back in his ear. I've shot him. I know I shot him, ‘Um, Huntington Ave: we took a right onto, ub, exeuse me. We went all the way out to Fenwood Humtingion Ave where there was another car beside me now. ‘There was two patrol cers. I wasin che right-hand, sight travel lane, There was carn the Tet travel Jane and for some reason, there was not another ear on Huntington Ave at that time, ‘which il don'tknow. sha’ beside the point, um, 'eause its 9:30 in the morning. We continue, um, one of the erasers that came from my left-hand side tried to hit him. Whatever he tiedto do, He went into the driver side door, the eruser. Somehow he stopped for about? seconds, 3 seconds or whatever, you know, short amount of time, and he was able to pull offagain. Um, we pursued him. I recall, from what I remember, \was the third car when that pursuit the whole entire time, through Brookline, I was calling it out withthe dispatcher and I dont know the name of the intersection to, we it seemed lke we wert fora wt and we finally came up toan intersection. Tsaw ‘numerous cars that were damaged, and I saw his ear onthe right-hand side, and I pulled up past it, um, ané I saw him laying up onthe comes. He was in ike a it was infront of like a shoppin’ plaza or a side mall or whatever, but he was up on the curb lke grassy it ‘vas ike all muds, an he was layin’ there, and I remember some lady going upto him Page 4 of 4 and we're all yelling at her to get back. I don't know if somebody, I don't remember if somebody went back and grabbed her or whatever, He laid there, um, and now at that time I'm joined by four or five other officers and we're tellin’ him, just, Im just yelin’ at him to lay on the ground with your hands out. Get on the ground “suse he's in ike @ seated postion, um, aetually he was leaning to his right-hand side on , like a seated positon, and we continue to tell ims to lay on the ground hands out, and I remember him reaching with hisright hand into his jacket, and someone yelling gus, and at that time, 1 fired my Firearm again LtMatialino: ‘What happens next? Of Gouin Uh, Detective Cooke, who was there pretty quickly, there was alot of officers there prety quickly. Detective Cooke grabbed me and put me ina cruiser. 1 remained inthe cruiser until [went into an ambulance I LeMatialiano: Are you aware of other officers fring around you? Of Gon Yes LiMattaliano: Do you know were they were asin relationship to where you were standing? Of Godin ‘We were positioned from, from what I recall there was five of us, almost furthest one fiom the right, Cause there, there inaline line formation. And I was on the ‘was nobody on my right-hand side [Lt Mataliano: Do you know how many rounds you fired there? Do you reall? Ofe Godin 1 dent Page $ of 34 [Lt Mataliano: I we can just beck up atthe Brigham, when you fired initially. Do you remember how many rounds you fired up there? of Gost Ne I dont. LiMatilano: _Obay. And hen you went down on the curb on the rasp the whee ramp thee OFe Goan: Yah LMataliano: Ard your weapon became disabled, Of Godin Ys. LiMataiano: Fora shor period of tine ter Of Godin Yeah, it jammed LtMataliano: Ant you werent abe to shoot any rounds from down here on the ground tat yo rect fe Goan: ecm what eal no. [tMatatiano: And from that point on, until you get 10 Brookline as far as you recall, ‘You weren't able to shoot, fre your weapon again for, for various reasons, safety reasons. fe Godin: [never fired my weapon from the point I got back into my ear to Brookline. LtMattaliano: So, you really had no knowledge if your gun would actually function ‘again after you hada, a jam on the ground, correct, am I reading that correctly? Page 6 of 34 (Ofe Goin ‘Wren Iwas driving, I was able to ~ LiMateliano: — Cerretit Of Gosin: cowetit LeMataliano: ——Cerret he, uh ja. Ofe Godin Yep. Yes Li Matalans: Okay. And do you remember anybody um, yelling out sommands here people fired otherthan yourself, know you said you di. fe Godin We all, everybody was, [Lt Mattaliano: Uh ub, you, you recall everybody yelln’ ou (Ofe Godin: You recall everybody was yllin’ everybody, uh, yeah, yep. What they. what they were ylln' drop the gun, whatever, I don', {don', I dont recall what they \wereyelln’ but itwas 80 loud and there was so many, all of us just yell’ commands. Lt Mattaliano Mes hmm, fe Godin ‘Ana, and one of my biggest things were people were driving in in that parking lt towares us and like police officers walking towards us from where his, he was ‘where his, he wasppsitioned and there was other police officers. So my mind was, 1 was {ocused on him ard then I was focused on the other officers as well because I don't want, ifthis guy pulls out ano, pulls outa gun, these police officers might get shot too. So. my train of thought was watch these guys and him atthe same time, So, and, all tthe same time Im yelln'tohim 10 ~ Page 7 of 34 Le Mattlian: ‘You had a ot of concerns there, aft of responsibilities there (fe Godin: yeah, yes. LtMatalisno: Correct. [understand. Um, from the minute you felt threatened that you Jha to fire rounds back, back atthe Brigham, or, or Vine Steet, 1o the moment you began «pursuit, um, car you deseribe what's going through your mind at that time and, uh, ttemendous speecs in the pursuit. What, what was the speeds if you reall? fe Godin; Inthe beginning it was, it was slow. It was, when we were on Huntington ‘Ave, and almost through, I don't know Brookline at all, um, we weren't going fast, We ‘were only 35 miles per hour and then I remember going through Brookline, as we hit the Brookline line, I emember a detail cop standing on the corner. [remember him specifically, He was om his radio and then tha's when I think the speeds picked up ‘quicker. But I wes, ike Isai, was the thing third vehicle pursuit. Um, so, at atone point I think someone, {shouldnt say think, II, um, um, 1, don't reall, but someone said we los him. Lt Mat ino: If you had to estimate, what do you think the speeds gota the, atthe highest point ofthe speed?” fe Godin have no idea, Lt Mattalisna Olay. ‘SDet Broderick: Uh, Dave, ul, speaking onthe side of Sergeant Detective John Broderick, Dave, Im gonna ust walk through some, ub, some, um, almost administrative questions ‘fora minute and then, 'm gonna go back and we'e gonna, we're gona talk about 60 FFenwood Road jus fielding some questions, Okay? Page 8 of 4 fe Godin ‘Det Broderick: nay. (Um, and i apologize if Lieutenant Mattaliano, ub, fcutenant asked this question, You're curently assigned to Area B2 right? fe Godin ‘Det Broderick Yessir. Okay. How long have you been assigned there? know you were inthe drugunit for a while. But you've been back there for? fe Godin ‘Sei Broderick fe Godin (Um, 1 was, I came back there in May Olay. May of 2019. 1, [was briefly in Al for lke, I think it was 5 months, but prior to that, Ive been there since May 2010, ‘Det Broderick: (Okay. So you graduated ftom the police academy 13 years ago, Prior to ‘hat you had 7 yeurs with Tewksbury PD right? fe Godin: ‘Det Broderick: Ofe Godin ‘SDet Broderick: Ofe Godin: ‘Det Broderick: Coreet Okay. And you were workin’ the day tour Friday. Yes, Isthat your normally scheduled tour of duty? Yee, ‘Okay. And what are the hours? Page 9 of 34 fe Goat 72010 4:00 pan. ‘SDet Broderick: Okay. Did you, uh, did you do any details or overtime tous prior like, th, so did you do anything on the morning watch, morning watch is 11:45 pm. to 7:30 ‘am. Did youdo any details or overtime prior to your regular scheduled tour? fe Goin “The only thing I did prior to tht was whe, um, why — SDet Broderick: IPyou remember fe Godin: Tddn't doa last half SDet Broderick: Olay’ Ofe Godin; (Ung, 1, think 1 id the Brigham cruiser detail Thursday night. SDet Broderick: Thursday into Friday morning. fe Goin Yeah. ‘SDat Broderick: Would that, would that have been the entire tour? fe Goan ‘That would have been 4:00 to 11:48. ‘Set Broderick: Ohokay. Then you, so you did 4:00 10 11~ fe Godin: “Then [had the Shout, ho, home time. SDet Broderick: ~okay. Allright. Page 10 of 4 fe Godin Sol didn, that, ub, It least {ha, | know I ad atleast 8 hours ofTbut before my scheduled tour ‘Det Broderick: ‘Yeah, no, that's fine. Okay, so you think you did the, the eruser detail ‘rom 4:00, the frst half prior ~ fe Godin: SDet Broderick fe Godin: ‘SDet Broderick: Correct 90 that would be the first half that evening on the 6 right? Corret ‘Ofay. Uh, your assignment that day was the 457, so thas a one-man cat just for your edifieston right? fe Godin: ‘Det Broderick: fe Godin ‘SDet Broderick: fe Godin SDet Broderick: fe Godin: SDet Broderick: Yeu Un, and you were ina marked vehiele right? Coreet Do you remember the eruise number? 9516, 9516. You were in full uniform? Yes. ‘And you, uh, were wearing a fll gun belt? Page 11 of M Of Godin Yo. SDet Broderick: Two mags? fe Gost Ye Det Broderick: What kind of holster do you have in that, is thatthe the, the newest fe Godin Yes, SDet Broderick: Olay. Allright, and we talked about what brought you tothe incident ‘The best of your memory isthe 911 call for a person with a gun having to do with somebody showing @ gun or pulling a gun on an employee at Brigham Women’s Of Godin Pointing pun ata valet driver. SDet Broderick: Okay. And you had asked, uh, the dispatcher for additional information and they were ine process of updatin' that? fe Godin: (Only, 1 asked, 1, um, iT can recall Caroline, {asked Caroline, I says ean. only gota litte bitof it. So, asked her to repeat that call again, Can you give me that call again, um, and then she gave me the, everyting all over the, all over, on the radio again? ‘Det Broderick: Olay. So was i, I don't wanna pat words in sit safe to say that you had as much information at that time as that, as everybody else had? fe Godin Yes. SDet Broderick: Okay. Page 12 of 4 fe Godin: Yeah, SDet Broderick: Un, so just going back through, um, you come off Brookline Ave onto Fenwvood fe Godin Correct. ‘SDet Broderick: Yeu takea Teflon Vining, back up toward Francs, (fe Godin: Yes, corect, yes, ‘Det Broderick: _Atsome point you take a let on Fancis and come back down Binney sround again. Ofe Godin Yes ‘SDet Broderick: Soyou looped around again, ft Godin 1 i Det Broderick: Okay. And I asked that ‘cause I 1, {watched the video and I soe a cruiser do that, and I, haven't been able to identity him but your explaing that's you, i's you looping around, Okay. (Um, and when you, when you pull up. you, you park your eat on Fenvwood o Vining or right atthe intersection? Of Godin 1, e's parked on Femwood, SDet Broderick: son Fenwood. Okay. And the Colts, is, where isthe Colt in relation 0 where you get exil your car? Page 13 of 34 fe Godin ‘The Colts, um, Huntington Ave, the Colt would be on my right-hand side. you're on Fenwood going, looking up on towards SDet Broderick: Okay, Of Godin “Ana 'm parked tothe lef SDet Broderick: So. you said earlier he's inthe right travel lanes. Is it safe to say that you stopped your car inthe let travel lane? Of Godin: Correct, ‘SDet Broderick: Okay. Do you see any other police officers at the time as you, when youre arriving? fe Godin: No SDet Broderick: Did you see any other blue lights? Of Godin No SDet Broderick: Okay. Um, ae you assigned a body-worn camera? fe Godin Yes. SDet Broderick: Olay. Was it, was it affixed to your, to your body? fe Godin: No, ‘SDet Broderick: Okey. Where was itat the time? Page 14 of 34 fe Godin: Inmy duty bag, SDet Broderick: Olay. Is there a reason why i, it wasn' on fo the best af your memory, ot jus? fe Gos 1 tp, sn have ton specBraleick: Oh, fe Godin dot kept on my body nls 1 gt out fora cal Detrick: Olay. Um, you jst go trough he qual foron econ oy? So yout assigned «lock 22? Do you know ofthe op of you ead ie, uh, seria number? fe Godin Na | ‘Your last quaiation was 6202019, so you're obviosyn compliance wih that. Um, to you know i ou ha the deparmenssued Fear? fe Godin 1 know now that Ido not, that I didnot. SDet Broderick: Olay. Do you, un, da you have any idea around the time thatthe mix-up sight have happened? fe Godin: No. SDet Broderick: Okay, So you have no independent memory of when the lst time you actually checked your firearm, like the serial number, right? Page 15 of M (fe Godin: T check itll the time, So, I,T mean atleast in my mind, I play it back ‘everytime I potry firearm into locked box. I pull tout and I check the serial number. So, whatever happened, happened within the last week, SDet Broderick: Olay. And just forth lieutenant’ edification, inside Ares B2 where Officer Godin is essigned, there's a series of lockboxes, um, thatthe offers secure their firearms and prior to going into an area that there would be a suspect in the booking ars, ‘Um, what we've ciscovered inthe last day is that some of the keys open additonal keys, uh, excuse me, open additonal boxes. So, it's very likely that i the guys were in the area and there was an emergency call, they want take thir Firearms, they, they hit the first key and that migis be, that might be a reason why, you know, you didn't check the serial ‘number, like how you normally do, You could have been going out o Tike a, you know, like that, ight? ‘an emergency call, en officer in trouble somethi fe Godin: Right SDet Broderick: Olay. But you think it probably only be a period of couple weeks. fe Godin Yosh, if tha, if tha, SDet Broderick: Okay. Allright. But your mags, the mags that you had on your duty belt, those are your regia, that's your regular ammunition thas issued, fe Godin: Yes SDet Broderick: Okay. Um, so just goin’ hack to 60 Fenwood Road, you get out af the ear. ‘Um, so you exit where the frst time where you see the suspect. Let, Jet me back up for a second. You mention that you ran into a person that sad theyre shooting up there fe Godin: Yeah. Page 16 of 34 ‘SDet Broderick: Is shat a, is that person separate from, ftom the suspect that engaged you or is it the sume person? fe Goan: [Nepe. That i «separate person, SDet Broderick: Sesarate person, okay. Ofe Godin Head, he was, he had alteady made the comer, so as I was getting out of my ear,— ‘SDet Broderick: Yep. Ofe Godin Ihe had already made the comer taking the, so he was coming down Vining Street and take a sight, or he went straight across the street, SDet Broderick: Okay. Of Godin ‘Bu: he was on that left-hand side, and he, young kid, I mean, 25/26 years old. SDet Broderick” Okay. fe Goin: ‘Ani [just remember distinctly, glasses with the lanyard and saying, someone's shooting up there. He's gota gun, SDet Broderick: Okay. When he, when you arrive at him, you heard any shots yet? fe Godin: No, SDet Broderick: Has there been any 911 cals relative to actual shots fied or just the person \widh the gun threatening somebody? Page 17 of 34 fe Godin: ‘If there was, I didn’t hear anything, | SDet Broderick: Okay. So, you get out ofthe car. You're on the sidewelk, you se the individual, Isto, does he have a firearm in his hand yet? Ofe Godin No, SDet Broderick: Okay, and can you just go back. He, uh, he identifies himself as law enforcement and indicates, is directing you back up the sree. fe Godin: ‘He's eunning towards me and when he's running, his ackev's wide open SDet Broderick: Okay, Ofe Gost: ‘Un, and I see a black firearm in his waist SDet Broderick: Okay. Is thatthe firs ime you had seen him or had you seen him on your first loop around? fe Godin: First time Ive seen him, I saw him that time SDet Broderick: Okay, okay. fe Godin: Un, and as he's getting closer to me, he's yelin' I'm law enforeement, I'm Jaw enforcement, and fm focused on that firearm and looking for some kind of badge, lookin’ for somethin, cause it’s, his appearance just does, doesn't make any sense to me tall SDetBroderick: Okay, Page 18 of 4 fe Godin: ‘Ard the, at, when he was approximately like 3 to 4 fest away from me, that was the second time he seid 'm, I'm law enforcement, somethi's going on up there, and that’s when he pulled the firearm from his waist and pointed at ight at me SDet Broderick: Okay. Um, when he points the firearm at you, do you make any other observations of the fireaemn? Of Godin Ne SDet Broderick: Olay. Uh, you, hut uh, okay’ So, you, you then pl your Firearm ot Oe Goan Ye. SDet Broderick: You discharge from, as wile you're on your eet. Of Gost Yes. SDet Broderick: Olay, and then Hiutenant asked you e some pont in time {know you get, you, you, you care tothe ound, Do you resember ring a al om the ike fom a supine position? Of Gost No SDet Broderick: Olay, Isit posible that you dd? Of Gosin Tomy recollection, po. SDet Broderick: Olay. So.you get back up on your fet. fe Godin: Yes. Page 19 of 34 SDet Broderick: Ub, you have a malfunction. Ofe Godin Yes SDet Broderick: You work the malfunction out and then as he's gotin’ back tothe car, he, {she still armed, éoes he stl eve the firearm in his hand? fe Godin: eat tel definitely. ‘SDet Broderick: You can'tell. But your backdrop makes it, backdrop led to a decision not to fire concerning of people behind. Of Godin Yes. ‘SDet Broderick: lay. He's back in the car and then we went tothe pursuit, Okay. Did you ever, at any point in time, had you yet to see another police officer there? Oft Goan "Not until [got out to Huntington Ave, SDet Broderick: Okay. Do you remember hearing when your, when youre down, and not Firing, do, do you remember bearing any additional shots? Of Goan ‘Yes. SDet Broderick: Olay. Do you know, but you never saw whee those shots were coming fiom? fe Godin: 1, Lin my mind it was bio, Page 20 of 34 ‘SDet Broderick: you, you! (Olay. Fair enough. So you're on, when you're on the ground, you, You, ina malfumetion, so you know youre not fring, but you ean hear additional rounds going on fe Godin: ‘SDet Broderick: bien? fe Godin ‘Det Broderick: Yes ‘And at that time, your assessment was that those rounds were comin’ from “That he's shootin’ at me and that's why I'm saying get the fuck up. ‘Okay, Um, other than the suspect saying to you, um, Ii law ‘enforcement, do you remember anything else that he says that's pertinent? fe Godin ‘SDet Broderick fe Godin ‘SDet Broderick Besides, 'm law enforcement, Fm law enforcement. Get up tere Otay. ‘Ana that wasit ‘Okay, Um, when you get knocked tothe ground, what did he do? When ‘you were onthe ground, was he closing distance? (fe Godin: SDet Broderick: fe Godin: ‘Det Broderick: ‘When I was falling he was closing distance — Okay, \when I got on the ground I dont know what he did Okay, Page 21 of 34 (Ofe Godin: ‘Because when I got back up, he was going towards the ent ‘SDet Broderick: Okay. Um, was he, do you remember there bcing @ physic, you in a physical struggle with him on the ground — fe Godin No~ SDet Broderick: ~or you don't remember. Okay (Of Godin: don't ‘SDet Broderick: Ur, wher if, and I know it happened so quickly so, when he pulls the gun ‘on you, points the gun at you and you fire from the, do you remember, were you able to assess your backtkop or did it happen so quickly that ~ (Ofe Godin [jest remember seeing the building and 1,1 — ‘SDet Broderick: You didn't sce anybody fe Godin: ‘don't remember anyone behind him because when he was running down that sidewalk, there was nobody else coming behind him. I don't remember anyone at al behind him excep for the building ~ SDetProderick: Okay, And ean you tll me again, just, and { apologize, I know you said ‘you gave verbal commands as he's coming down ~ fe Godin: Yes. SDet Broderick: —and telling you he's law enforcement, and you'e telling him, ean you just tell me wat ou were telling him at the time? Page 22 of 4 fe Gost: Drop the fucking gun ‘Det Brulerick: Okay, And tha’ before, and you had seen the gun — fe Godin: ‘That's when he, that's wher he was pulling ~ SDet Broderick: ashe was pulling it out— Of Goan that’s when he pile it out SDet Broderick: — okay, yeah, of Goan Yep. SDet Broderick: Urn allt, s jus 0 go back, you fad two extra, you had to mags in your gun belt- Ofe Godin Ye. SDet Broderick: —the, um, do you hve any questions Liestenant Mtaliano? LiMatalino: ——_Uh,just the, uh caliber of your rear? of Gos unas ‘SDet Broderick: No40 caliber fe Godin: tsa 40 caliber. SDet Broderick: 40, Page 23 of 34 fe Godin 40 caliber Smith, 1 Mattaliano: And do yeu remember at any point le ing, or actually visually seeing in your confrontation hat the, ub, suspect may have had a shoulder holster? Ofe Goal Ne LiMatalian: De you remember hearing in broadcast at all on, during the pursuit at al? fe Godin: Ne Li Mattaliano: Okay. ‘SDet Broderick: Lieutenant, know, just for the record, for you, i's, uh, he's been assigned a, 8 Glock 22.40 daiber Lt Mattaliano: Okay. ‘SDet Broderick: —and the serial numiber I think Isai it, but doit one more time ‘SDet Broderick: —and, uh, Offcer Godin in compliance with the range qualifications. The lest qualified 6:20 of 2019 witha score of 90, [Lt Mattaliano: Dowe have the serial number off the one that was actually fired that day’? Page 24 of 34 SDet Broderick: Ut, [don't have it off he top of my head LtMatialiano: Olay. SDet Broderick: Un, but we ean get that for ya, And you have, uh, no that's, um, 'm just gonna do, can you, I'm just gonna do a map, as best you ean ~ fe Godin: Yes. ‘SDet Broderick: Ihave two maps her, just for the record, they're both « general Google _maps ofthe area of 60 Fenwood Road, one isa satellite piture the other's a conventional, ub, map picture thas, they‘ not great Dave Ofe Godin: Olay. SDet Broderick: —trn, but tothe best, ifyou could just, ub, so just, this is Vinning, Francis, this is Fenwood, ch, as best you ean, could you just mark with an "X", um, or how about ‘witha 1, the first ime you encountered the suspect, and 2, um, let me ask you this, I dont know; [know theyre prety close together so way don't you just mark where you were, a best to your memory, where you first encountered, uh, the suspect fe Godt Wi an "%° SDet Broderick: Yeo. Ohay: Of Goal ‘Ani you want me to, pat my caro his ato anything like hat? SDet Broderick: Sojust, uh, let me just make sure Igo, so, this is Fenwood Road with _your car, yeah why don’ you just put C, uh, put P where the police ear is and put where ‘the suspect caris. Okay. And then, um, that’, thats fine. Does this, I just wanna give Page 28 of 34 you the chance, ifthat helps you any beter, i that essentially the same map, just, with & satelite view? Does that make it easier for you to see where you were, ois it pretty ucla the same? fe Godin 1 tL mean, it's pretty much the same. SDet Broderick: Do you wanna take a look at them Kenny? SDet Broderick: Tim good. SDet Broderick: Olay, fe Godin: ‘Wel, be was, I mean I his car was in the intersection right here. SDet Broderick: Right. fe Godin: ‘And then I parked a litle bit bef, 1 was bend him, maybe 5 feet behind him on the left. So, my ear was a Title bit be, Bef — ‘Det Broderick: fe Godin ‘Det Broderick: Of Godin ‘SDet Broderick: fe Godin ‘Okay. $0, both of yourears were fing the same direstion, Coneet. ‘car was maybe 5 feet ahead of you in the right travel lane. Yes ‘You ware $ feet hehind him in the left travel lane. Yes. Page 26 of 34 SDetBrodetick: Okay. Soi i firto say no cas couldve gone by you? Of Godin No SDet Broderick: Right? So the, so, sorte was probably backin up behind you guys? Ofe Godin Yes Det Brodetick: Okay. I'l tell ya what let's take a Took at that. So this would be ub, this \would be Brigham and Women's this is where the altercation happens. LtMattliano: Ant this is abill, correct? Det Broderick: Yeah, it’s an incline Lt Matalin: ‘Up up, up. up an incline. SDet Broderick: lay. Ofe Godin: Olay, LtMatialiane Un, allright, Ife ean just back up to Brookline, one more, one, one mote question is ya remember at some point somebody handeuffin' the suspect? fe Godin: Na Lt Mataliano (Olay, And were you aware at some point people went over and tried to administer medica! attention? Ofe Gost (Un, I went over ‘oem, Um, Officer Figueroa, I mean, at are you talkin’ about ~ Page 27 of M Lit Matalin: Brookline. fe Godin: co I temernber that day what happened? LiMatialisno: Yeah, yeah fe Godin: Tv learned subsequently ~ LtMatalimo: No, no, no, Edont wanna fe Goin 1 mean, no, [1 Mattaiano: —_—Idon't wanna know about that. fe Godin {don't remember anyone handeuffin' him. Lremember going around to the rear side of him. LtMatialiano (Ofe Godin: Le Mattaliane fe Gost ‘Hiram. Okay. And did ya remember seein’ a trooper there — Yes ~aall? He was— ‘You do recall a trooper there? ‘Yer, he was one, two, two to my lel or three to my lef Page 28 of 34 [Lt Mattliano: Olay. Okay. Allright, Thisis Route 9. This is the direction you pursued ‘comin’ down from the hospitals, You end up here. This is the Star Market parka’ lot, At ‘your pain, do you recall does this loo like the area that you were where ~ fe Goan ‘Yeah, Pd probably say sight where shat is. Uh, ! mean, thats like a mean ‘that appears to be where be was in that litle black area where, ‘cause it was all dirt. Lt Mattalian: Of Godin: LtMataliano: Of Godin: LeMataliane: fe Godin Lt Matialiano Ofe Godin: Lt Matialiano fe Godin Li Matalano: fe Godt Do you remember wood chips end ~ Yes uh, you remember the wood chips and ~ [remember the mulch, yes, some, some bushes there? Ye. Olay. Very good. ‘An there was box van parked right here. Cozeet, it was a concrete tuck, ‘Ani then there was a car — Oy, good = Tr not gonna name who it was, came tothe right side of the box van facing us, and then there was another ~ Page 29 of 34 LiMacaliano: Right. fe Godin: cruiser that pulled in right here, LiMattaiano: Right, okay. Very good. ‘Atty Anderson: Just forthe record, the diagram youre Jooking at actually the writing omit is upside down and you'te kind of an the bottom, middle portion ofthat intersection with ‘the writing upside down, correct? Of Gost Correct, Ay Anderson: Almost near where the ite bu bus signs? Of Goln Yes, ‘cause | remember this intersection. [LeMattliano: Bue, he said, yeah, nd you can Took tit this way i hat that helps ‘you, but you're aeualy lookin’ att from deserbin’ any activity fe Godin Ya the other way was beter LiMataliano: ——Exsetly Of Godin Yeh, LxMataiano: Yep, okay. Very goo SDet Broderick: Okay. Do you mind just doin’ me. favor, just, uh, sign that throwing your LD. number down. Page 30 of 34 ‘Atty Anderson: And put, put the date oni, too, February 12° [Lt Mattaliane: Any other questions? SDet Broderick: No, is there, uh is there anything that we, tha you felis important that ‘we should've asked ya that we didn’t answer ~ ask you or you'd like to us to, ya know, you wanna talk akout? fe Godin: Um, no, just I mean, just ike ike when he intially took that gun out, 1 thought he was genna kill me, ‘SDet Broderick: Olay. And that was your state of mind, obviously (fe Godin: Yeah, that was my state of mind, SDet Broderick: Ui, and then back in Brookline, you fel, ya felt the same in Brookline at the time? fe Godin Lah~ ‘SDet Broderick: Based onthe information that you knew — fe Godin: Yenh, yeah. SDet Broderick: ~that you were getting collective with the other officers. fe Godin: Yeh, J, thought between what happened on Fenwood Road, the chase and then his actions again in Brookline, he, he, his perception was to kill. kill us Page 31 of 4 ‘SDet Broderick: Okay. Actually, that's II didnt ask this question and I should have, 1 apologize. To the best of your memory, when the suspect is goin’ back to the ear at -Fenwwood Road, is he still armed with the firearm that you sav? fe Godin: 1 don't recall SDet Broderick: Olay. Ofe Gost “Yeu did ask me that though, | ‘Det Broderick: Idd? fe Godin: Yes, I dont, {dont recall SDet Broderick: Okay. Lt Matialiano: Do, do you remember any transmissions at all hat somebody actually hed been shot andl that was one ofthe reasons why you were respondin there? fe Godin "No. My initial response was the pullin’ the firearm on the valet, That was, my inital response ‘SDet Broderick: And you, [know you, you sai, you, your radi, va los, your radio fell off on Fenwood Road? Ofe Godin: Yer SDet Broderick: Okay. So the, so the inside, so could hear the pursuit, what's goin on in the pursuit and your eare radio, but when you~ (Of Godin: was callin the pursuit. Page 32 of 34 SDat Broderick: Right, So when you, but when you exit your cat at Hammond Steet, you don't real, you, you, you dont have the ability to hear any other redo transmissions fe Godin: Ne SDet Broderick: Soessenfialy, you're, youre assessing that situation based on your own ‘observations mid and verbally what you're hearin’ from other officers, fe Godin Ye. SDe‘ Broderick: Olay. ‘Atty Anderson: [if Icould just ask a quick question. Officer Godin, at the scene on, at Brookline end Hammond Rosd, Route 9, how long, and this may not be & fair questions, how long were people there engagin'this person saying show us your hands, lay down, crop the pun before somebody actualy discharged? fe Godin Nomore than 2 minutes, I mean, we yelled ‘Det Broderick: 'msorry, what did you, how many — fe Godin: [Nomote than 2 minutes. We yelled, ya know, for 2 minutes straight

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