Dr Salvatore J Culosi RIP 17Dec1968 - 24Jan2006 (aged 37) killed by Fairfax County Police by error, and unarmed

In October 2005, the Fairfax County Police Department (“FCPD”) began an investigation of Dr. Salvatore J. Culosi, Jr. (“Dr. Culosi”), a local optometrist, for felony gambling offenses.   Detective David Baucom (“Det. Baucom”) of the FCPD Money Laundering Unit (“the MLU”), acting in an undercover capacity, had begun to place sports bets with Dr. Culosi at a sports bar, betting approximately $28,000 over the course of several months.   In January 2006, Det. Baucom and other members of the MLU decided to arrest Dr. Culosi and to execute a search warrant at Dr. Culosi's residence for evidence of his illegal gambling activities.

The FCPD Tactical Section (“the SWAT team”) customarily executed search warrants for the MLU but it was not ordinarily involved in effecting routine warrantless felony arrests, as was planned of Dr. Culosi.   In any event, Det. Baucom contacted the SWAT team supervisor, Defendant Lieutenant James Kellam (“Lt. Kellam”), and requested assistance in the execution of the search warrant for Dr. Culosi's home.   In the month before the scheduled raid, Lt. Kellam's SWAT team conducted surveillance of Dr. Culosi's residence and neighborhood.   Lt. Kellam determined from the surveillance that there were no indications of “red flags” signifying any special dangers in the proposed operation.   In due course, the officers decided to execute the search warrant at Dr. Culosi's home on the evening of January 24, 2006.   Under the plan the officers put in place, Det. Baucom would lure Dr. Culosi from his residence to collect $1,500 that Dr. Culosi owed Det. Baucom from bets on football games, and the SWAT team would assist in effecting Dr. Culosi's arrest and conduct the search of the residence.

On the morning of January 24, 2006, members of the SWAT team, including Officer Bullock, were involved in supervising an early morning deer hunt, beginning at 5:00 a.m. and ending later that afternoon.   Most of the members then went home and gathered later in the evening to review the procedures for the arrest of Dr. Culosi and the search of his residence.   Lt. Kellam assigned Sergeant Sean Scott (“Sgt. Scott”) to supervise the arrest aspect.

Sgt. Scott decided to use a dynamic tactical method known as a “vehicle takedown” for Dr. Culosi's arrest.   Critical to this method is the sudden appearance of officers, at least one of whom would point his firearm directly at the arrestee in order to control him.   Other officers would then go “hands on,” i.e., take physical custody of the arrestee and place him in handcuffs.   Specifically, the plan here called for Det. Baucom, while wired for audio monitoring by members of the SWAT team, to drive to Dr. Culosi's residence, wait in his vehicle for Dr. Culosi to leave his house and approach the vehicle, and then give a verbal arrest signal once Dr. Culosi handed over the $1,500 gambling payoff.   When the arrest signal was given, Sgt. Scott, accompanied by Officer Bullock, would drive a van from around the corner.   Officer Bullock would then exit from the van's front passenger side, announce “police, don't move” from a gun ready position, and take Dr. Culosi into custody.

Sgt. Scott later modified the plan whereby Officer Bullock would merely “control” Dr. Culosi (by use of his firearm) while officers from a second vehicle would approach to go “hands on” with Dr. Culosi.   Before the plan was executed, during or after the pre-arrest briefing, Sgt. Scott received a phone call requiring him to withdraw. Lt. Kellam assumed Sgt. Scott's role in executing Dr. Culosi's arrest.   Officer Lee Northrop was substituted as the driver of Officer Bullock's vehicle.

At approximately 9:00 p.m., Det. Baucom called Dr. Culosi and arranged to meet outside of Dr. Culosi's residence, a townhouse condominium.   Half an hour later, Dr. Culosi left his house in stockinged feet and met Det. Baucom, who was sitting in his car outside the garage.   Dr. Culosi approached the car on the passenger side through his garage and began a conversation about the upcoming Superbowl, while handing Det. Baucom $1,500.   The parties dispute whether Dr. Culosi was holding a cell phone in his hand during the encounter, although his cell phone was recovered close to his body after the shooting.   Det. Baucom soon gave the verbal arrest signal.

At the signal, Officer Northrop rapidly approached Det. Baucom's vehicle and pulled up immediately behind it.   At that time, Dr. Culosi was still standing next to the passenger-side door of Det. Baucom's vehicle.   When Officer Northrop's vehicle came to rest, Officer Bullock exited from the front passenger door using his left hand to open the door while simultaneously unholstering his weapon with his right hand and announcing “police.”   Officer Bullock intended to assume a two-handed-grip, i.e., a “gun ready” position. As he executed this maneuver, his weapon discharged a single round, striking Dr. Culosi in the heart.   Dr. Culosi received emergency treatment at the scene but died of his wound at the hospital shortly after the incident.

Officer Bullock has insisted consistently that the discharge of his weapon was “accidental,” although he has varied somewhat his explanations as to the precise character and happening of the “accident.”   In any event, it is undisputed that the firearm discharged as a direct result of Officer Bullock squeezing the trigger of his .45 caliber semi-automatic pistol;  the weapon did not fire as a result of a malfunction.