OFFICE OF THE COMMONWEALTE'S ATTORNEY CITY OF CHESAPEAKE, Matthew R. Hamet Amarnath H. Meda Commonwealth's Attorney ‘Deputy Commonwealth's Attorney Damian J. Hansen Stephanie P hief Deputy Commonwealth's Attorney Deputy Commonvealt'sAtorney August 24, 2022 Derek A. Wagner Deputy Conimonvealth’s Atorney Mary C. Philip, Administaor Captain Timothy A. Reibel Bureau of Criminal Investigation Chesapeake Field Office 1575 S. Military Highway Chesapeake, Virginia 23320 Re: Trooper Paul Perry Officer Involved Shooting Decedent Brian Price — Case 21-23386 Dear Captain Reibel: ‘This case was submitted for a review of the actions of Trooper Paul Perry in causing the death of Brian Price in the aftermath of a police pursuit in the City of Chesapeake on November 6, 2021. Upon careful consideration of this matter, I find that no criminal referral against Trooper Perry is warranted, ‘The investigation conducted by the State Police was extensive, comprising of iews of all involved law enforcement personnel, scientific reports, the autopsy of Brian Price, dash camera video and scene photographs. Trooper Perry also provided a statement recounting his actions that day. ‘The investigation revealed that the events of November 6" began at approximately 4 p.m. at a convenience store located on Jefferson ‘Avenue in the City of Newport News. Police were called by store personnel on report of ‘a man who was belligerent and appeared to be intoxicated on drugs. He also physically assaulted a cashier. A store employee flagged down Newport News Officer Moore outside the store and pointed out a white Chevrolet Cobalt that the man was driving on Jefferson Avenue. A pursuit was initiated. It was terminated and re-engaged at various points because of traffic safety concerns; the vehicle was apparently always in sight of police as they trailed it. At one point, a female passenger was observed opening her door in what appeared to be an attempt to get out of the vehicle, but then shut the door, remaining inside. ‘The dynamic of the pursuit changed when Sergeant Huling pulled up next to the passenger side of the vehicle at a red traffic light on Jefferson Avenue and Main Street. Sergeant Huling observed Brian Price (the driver), along with a female 307 Albemarle Drive, Suite 200A + Chesapeake, Virginia 23322-5577 + Telephone (757) 382-3200 « Fax (757) 382-3227passenger later identified as Amity Grey. She claimed to be a Chesapeake police officer and made reference to “kids being kidnapped.” He also observed Price making physical moves that appeared to be an attempt to restrain Grey. As the light tured, Price drove off and the pursuit was reinitiated as it continued down Jefferson onto 1-664 southbound. State Police assistance was requested at that time. ‘Trooper Perry was traveling northbound on I-664 when he was alerted that ‘Newport News police were in pursuit of a vehicle that was involved in a possible abduction. A review of his operating dash camera shows the Cobalt traveling south from the direction of the MMBT into Suffolk with several police vehicles in pursuit. Trooper Perry then used the College Drive exit to loop onto the southbound side, passing the Newport News vehicles as they traveled into Chesapeake, He eventually caught up to Price’s vehicle near the Pughsville Road exit. Road conditions were wet, with apparent ‘moderate rainfall. Trooper Perry attempted to get in front of the vehicle, as the NNPD officers held back to block traffic from reaching the pursuit, Communications between ‘Trooper Perry and NNPD were being relayed through a dispatcher. As Trooper Perry moved his vehicle in front of Price, he was rammed several times from behind by Price. The strikes were readily apparent, as manifested by sound and movement on the forward looking dashcam. Trooper Perry attempted to block Price into a median guardrail, but Price struck Trooper Perry's vehicle and moved ahead of him. Trooper Perry again managed to get in front of Price, who continued to strike the Trooper's vehicle from behind. Price then apparently lost control, traveled off the right side of the interstate and tumbled down an embankment.! NPD officers arrived immediately as Trooper Perry doubled back to the scene. They can be seen on Trooper Perry’s dash camera with drawn weapons, shouting commands to stop. They reported that a male was seen fleeing the damaged vehicle into the wood line, carrying what was described as a long pole or stick. Officers went to the vehicle and discovered Ms. Grey pinned underneath. She died at the scene. Other officers began to search for Price on foot. ‘Trooper Perry went back to his vehicle and traveled to nearby US 58, Military Highway to attempt to intercept Price. He saw Price crossing the median of US 58. The dash camera shows that Trooper Perry was in full uniform with a sidearm and rifle, shouting that he was “state police” and commanding Price to “drop the weapon.” The initial foot chase is captured on the camera, but then both disappear out of view before three shots are heard in quick succession. Trooper Perry was not equipped with a body worn camera. ‘Trooper Perry recounts in his interview that as he pursued Price, Price struck him in the chest with an object that caused him to fall backwards to the ground. As he looked up, he saw Price standing above him, raising a “pipe-like object.” Fearing that he was * Several ofthe NNPD officers engaged inthe pursuit tated that Trooper Perry used a Pursuit Intervention Technique (PIT) in attempting to stop the subject vehicle. Trooper Perry denies this, claiming that he has not been trained nor authorized to conduct « PIT, a high-risk maneuver that requires specialized training and certification. Contrary to the [NPD observations, a review of Trooper Perry's dash camera shows that Prie’s loss of control of his vehicle wes due tohis own reckless operation. Of note, the NPD officers were some distance behind, did not have dash cameras and their body wom cameras (BWCs) did not capture any view ofthe two vehicles involved, From their perspective, Price's deliberate collisions withthe Trooper's vehicle may have been confused with an actual PIT maneuver.about to be struck again and disabled or worse, he fired the rifle from his hip three times. He stated that Price then brought the object to his own chest, took several steps before tossing it aside, and collapsed to the ground. NNPD officers arrived on foot shortly thereafter, as seen on the dash camera. All attempted to render aid until medics arrived, who declared Price dead at the scene. A metal pole, between four and five feet long and slightly bent, was found at the scene near Price’s body. Consistent with a curtain or shower rod, it was capped with a metal ball at one end. Three .223 caliber shell casings were recovered, which were determined to have been fired from Trooper Perry’s rifle. An autopsy of Brian Price conducted at the Office of the Chief Medical Examiner in Norfolk revealed that he had a gunshot entry and exit wound to his right forearm and another graze wound to the same forearm. He also had two gunshot wounds to his right and left chest that exited his back, either of which would have been fatal. The Medical Examiner could not determine whether the bullets that struck his arm were the same bullets that entered his chest. ‘However, the pattern of his wounds is not inconsistent with Trooper Perry’s assertion that Price was standing over him, wielding the metal pole as if to strike him, when he fired his rifle three times. A post-mortem toxicology report also showed that Price had THC and Amphetamine, a Schedule II controlled substance, in his blood? A review of all of the facts and circumstances of this matter show: 1) that Trooper Perry was engaged in the lawful performance of his duties at all times; 2) that Brian Price committed a felonious act by attempting to elude the police and further endangered the life of Trooper Perry and possibly others by deliberately striking the Trooper's vehicle with his own; 3) that Price’s felonious acts were the proximate cause of the death of Amity Grey; 4) that Trooper Perry’s continued pursuit and attempted apprehension of Price were lawful acts consistent with his duties as a law enforcement officer; 5) that Price should have reasonably known that Trooper Perry was a law enforcement officer attempting to apprehend him; 6) that the actions of Price in striking Trooper Perry with a ‘weapon and his further menacing of him with the weapon as he lay on the ground put ‘Trooper Perry in reasonable fear of his safety and life; and 7) that Trooper Perry’s use of deadly force was a reasonable means to prevent his own death or serious bodily injury. In conclusion, the death of Brian Price was a justifiable exercise of self-defense by Trooper Paul Perry in the performance of his duties. No further action will be sought by the office of the Commonwealth’s Attorney. Very truly yours, q Matthew R. Hamel 2 Atthe time of his death, Price was supervised by Chesapeake Integrated Behavioral Health (CIBH) under a conditional release plan approved by the Chesapeake Circuit Court, pursuant to a previous Not Guilty by Reason of Insanity (NGRI) finding by the same Court in 2017. His conditional release had been previously revoked in part for his use of amphetamines without a valid prescription, and after his reinstatement in 2020, CIBH reported that he continued to use them as of September 2021, two months prior to his death.