Ex-Cop Devin Eaton (at center) in court Friday with Attorney Greg Cerritelli.
Nora Grace-Flood photos
Stephanie Washington (center) outside court: "Justice was not served today."
A state judge Friday sentenced a former Hamden cop who opened fire on two unarmed people — fracturing the pelvis and spine of then 22-year-old Stephanie Washington — to three years of probation, and no time behind bars.
On Friday, Superior Court Judge Brian T. Fischer sentenced Eaton instead to the three years of probation. He also ordered Eaton to perform 150 hours of community service per year for those three years. Under the terms of the plea deal with the state’s attorney, he was allowed to seek no prison time in return for giving up the ability to become a cop again.
The shooting took place In the early-morning hours of April 16, 2019. Eaton and Yale cop Terrence Pollack opened fire on Paul Witherspoon and Stephanie Washington in a car in New Haven’s Newhallville neighborhood. Washington was hospitalized for a week due to injuries from the shooting. Pollack, who pulled up to the scene after Eaton, also sustained a gunshot wound to his right calf due to Eaton’s actions. The shooting — based on a false report of an armed robbery and a wrong assumption that Witherspoon had a gun — spurred police accountability protests in Hamden and an ongoing conversation about how to reform the town’s police department.
In handing down the sentence Friday in State Superior Court on Church Street, Judge Fischer barred Eaton from ever serving as a police or security officer in Connecticut, and ordered him not to make contact with Washington or Paul Witherspoon.
Eaton is required to maintain full-time employment through his probation period as well as donate $2,000 to the State Crime Victims Compensation Fund.
“I just saw the guy who shot me walk free,” Stephanie Washington told the Independent after the sentencing. “I feel very hurt and disappointed.”
Nora Grace-Flood file photo
Judge Brian T. Fischer.
“This was a felony traffic stop, not routine,” Judge Fischer said, recalling the series of events that led to Eaton firing eight bullets at Witherspoon and Washington.
“Not two, not four, not six, but eight shots,” Fischer repeated. “Fired at a completely innocent person … That demonstrates extreme indifference to human life.”
The bullets hit Washington in her upper thigh, fracturing her pelvis and spine and blowing fragments of bone out of her body.
“She lived through 20 seconds of hell when she thought she was gonna die,” Fischer stated. “Bullets were whizzing by her.”
“I’ve felt like my confidence and independence were all stolen from me,” Washington said in court Friday, as Eaton stared down at the desk in front of him. Washington was represented by attorneys Win Smith Jr. and Win Smith III. State’s Attorney Lisa D’Angelis prosecuted the case.
“I received 22 staples in my stomach, like some sort of twisted present for my 22nd birthday.”
For months after receiving those injuries, Washington said, she had to rely on those around her to assist her with walking, going to the bathroom and “cleaning up after myself when I couldn’t get to the bathroom on time.” The shooting also resulted in the loss of her car and job.
“I was depressed, afraid and paranoid,” she recounted. “I live my life in fear that this will happen again.”
“I’m just thankful that I have survived.”
Meanwhile, Attorney Greg Cerritelli spoke before the judge on the behalf of Devin Eaton.
“This is not a typical criminal case,” he argued.
He described the police as a “fraternity of men and women who risk their lives to protect us everyday.”
“While we often think of them as superheroes, they’re also human,” he said.
“I think we can all agree that Devin does not need to be protected from society. He does not need to be rehabilitated. The reality is that Devin has accepted responsibility. He will never work with law enforcement again. He will forever be marginalized. He lost his job, his career.”
“It’s a cruel irony that his career has ended this way, when it started with him wanting to help people,” Cerritelli said. He referenced “numerous letters, calls and emails of support” for Eaton, describing him as “compassionate, kind and humble,” a “great guy,” and a “good cop.”
Eaton supporters in the courtroom.
On Friday, the jury section of the courthouse was filled with Eaton’s friends and former colleagues.
Eaton’s childhood best friend, his fiancée, and Allison Batson, the founder of Hamden’s food security program known as “Dinner for a Dollar,” all stood before the judge to speak about Eaton.
“Devin’s been my best friend since we were kids,” said David Newton Jr. “When I was young, I had a learning disability. All the other kids wanted nothing to do with me.”
Eaton always acted as his advocate, he said. “He will be the godfather to my children. He’s always ready and willing to help anyone.”
David Newton Jr: Eaton "always ready and willing to help anyone."
Lindsey McGarry, Eaton’s fiancée and girlfriend of five years, called Eaton the “most caring, thoughtful and genuine person anyone will ever meet.”
“Devin has a way of knowing what people need in that moment,” she said. “When I was diagnosed with a long-term condition a few years ago, he supported me physically, emotionally and spiritually.”
“God willing, I know he will be a wonderful father to our children one day … Please show him leniency.”
“This young man continues to serve his community in a positive way,” asserted Batson, who runs the weekly free-meal service, with which Eaton volunteers.
The pair first met working together at a Hamden restaurant. “I noticed him because he was the first Black waiter the diner ever had,” Batson recalled.
The two became close as Eaton started dating McGarry, one of Batson’s close friends. Today, Batson said, “I would be proud to call him my son and my friend.”
Devin Eaton, right, with supporters outside courthouse after sentencing.
Eaton spoke briefly after those remarks.
“I transferred to the Hamden Police Department from New Haven because I wanted to police the community I was raised in,” he said. He referred to the shooting as “an incident for which I am deeply sorry.”
“It is my hope that we can all move on from this.”
Then Judge Fischer issued his decision.
Turning to Washington, he said: “I want to let you know that I think you are a very brave young woman to come in here and tell everyone in this courtroom what you’ve lived through. It’s very important for everyone to know that.”
He said to Eaton: “The court is extremely troubled by your indifference to human life.”
He noted Eaton had signed stipulations to never work as an officer again. He noted that Eaton did not have a prior criminal record; Eaton’s plea would reflect a felony record.
“I do find that his apology is sincere,” Fischer said, adding that he believed Eaton expressed “appropriate remorse to Ms. Washington. …
“Based on all that, I do believe a totally suspended sentence with a community service component is appropriate.”
The packed courtroom flooded out into the Church Street hallway, nearly every eye gushing with tears.
“Devin is very thankful for unwavering support from his friends,” Cerritelli said after the fact. Eaton declined to comment to the press.
Washington sobs in brother's arms.
As Eaton shook hands with family, friends and lawyers, Stephanie Washington emerged from the sentencing in tears, collapsing into her brother’s arms and sobbing on the courthouse steps.
“Justice was not served today. I’m just hurt. I feel like everyone is just downplaying me and acting like this didn’t happen. I have to live with bullets in the back for the rest of my life,” Washington said. She has a civil lawsuit pending against the town.
Her lawyer Win Smith III criticized the judge’s decision, as well.
Up until Friday, when Eaton offered a public apology, Smith said, “the other party denied liability and responsibility and fought Stephanie at every turn.”
“What’s happening here is wrong. The community is going to be extremely upset at this result. To almost kill an unarmed African American woman and then have no sentence imposed and walk free is just shocking and disgraceful.
“It’s abhorrent. It’s shocking. And quite frankly, people should be ashamed of themselves,” he said.
“There are no consequences. It’s sad. It’s something else,” stated Hamden Police Commissioner and Hamden Action Now founder Rhonda Caldwell, who helped lead demonstrations in response to the shooting.
Asked about how Hamden could better practices of police accountability, Caldwell responded: “I’m kind of stumped.”
“You put policies and procedures in place — but Eaton broke all of them. He crossed over town lines; he didn’t notify a supervisor. We can put policy in place and it just doesn’t seem to matter.”
"a false report of an armed robbery"
While the report that Witherspoon was armed turned out to be false, NHI's own reporting was that Witherspoon did, in fact, assault and attempt to rob a newspaper deliveryman. Just as NHLAA's community organizer characterized Witherspoon, a grown man, as an "innocent child", NHI, misleads the reader to think that Witherspoon was, in fact, harmless. Such misleading reporting is a major reason traditional news outlets lack credibility, creating opportunity for flat-out fake news.