Man maintains innocence in hunting death 04/01/00

 

NEW HAVEN — A Woodbridge man criminally charged in the killing of his friend in a hunting accident did not appear at his arraignment in Superior Court Friday, but his lawyer entered an innocent plea on his behalf. 

Stephen Gombos, 60, faces a charge of negligent homicide for the November shooting death of 49-year-old William Garfield in Woodbridge.

Judge Joan Alexander excused Gombos’ absence, saying it was the result of a delay in the court hearing.

While arraignments are generally scheduled for 10 a.m., Gombos’ proceeding was put off until noon, when a prosecutor from Meriden could attend.

Alexander accepted Gombos’ innocent plea from New Haven attorney Ira B. Grudberg and scheduled an April 27 pre-trial date, ordering Gombos to appear at that time.

Garfield, who was deputy chief of police in Woodbridge, died Nov. 20 following an early-morning shooting in a wooded area off the Litchfield Turnpike.

Three Woodbridge police officers attended Friday’s court hearing on his behalf.

Investigators claim Gombos shot Garfield with his semi-automatic rifle, from about 97 feet away and Hunting Newslooking through a scope, according to court records. They claim he was irresponsible when he used his firearm without positive identification of his target.

Supervisory Assistant State’s Attorney James R. Turcotte, who oversees prosecutors in the Meriden courthouse, is handling the case for the state. The case was handed to Turcotte by New Haven State’s Attorney Michael Dearington. Dearington, who knew Garfield, transferred the case to avoid conflict-of-interest issues.

Turcotte declined to comment on the case Friday. Grudberg also declined comment.

Gombos said he and Garfield were both in the woods looking for a deer they had shot the previous day, according to court records. He said he saw a deer getting up and shot at it. The deer Gombos saw was the dead animal and Garfield was behind it, having lifted the carcass to drain blood, court records show.

Gombos also told police that Garfield had removed the orange jacket he had been wearing. Hunters wear the bright outerwear as a safety measure, to increase their visibility to other hunters.

Investigators found Garfield dead in the field, lying on his back in camouflage clothing. A dead deer lay a few feet to his south; a reversible orange-and-camouflage hunting jacket was found about 7 feet to his north, according to court records.

Gombos turned himself in on the criminal charge earlier this month and remains free on a written promise to appear in court.

He faces up to one year in jail or up to $2,000 fines, or both, if convicted of the Class A misdemeanor charge. - New Haven Register


Woodbridge Hunting Fatality Arrest Warrant:

An Arrest Warrant is based upon probable cause that a crime has been committed. In this case the charge is Negligent Homicide. Innocent until proven guilty applies. We present this as a rendering of investigative facts:

State of Connecticut, Court of New Haven.

AFFIDAVIT: The undersigned, being duly sworn, poses and says:

1. That the affiant, Det. Jeffrey Schaefer, of the Connecticut State Police, is presently assigned to Central District Major Crime Squad, and has approximately 10 years police experience. The affiant has received special training and has experience in the investigations of complex and involved crimes.

2. That the following set of facts and circumstances hereinafter related are derived from this affiant's personal Knowledge, through his Investigation and observations, as well as from Information provided to this affiant by other Investigators, officers and witnesses.

3. On Saturday, November 20, 1999 at approximately 0830 hours, the Woodbridge Police Department received a 911 telephone call from a witness at 1932 Litchfield Turnpike, (Rte-69), Woodbridge, Connecticut, The witness stated a hunter, later identified as Stephen Gombos, DOB 07/11/39, was inside her home stating he shot his friend, later identified as, William Garfield, DOB 09/21/50, and believed his friend was dead. This witness gave investigators statements from which the following information was learned, "I told the dispatcher I was returning to the hunter downstairs and hung up. He said: "Why did he take off his red...something? He held up a deer. I saw a deer. He held it up. He was a friend." Then he said, he was the asst. Chief, the asst. police chief but did not say his name. He kept raising his arms to show how the deer was held aloft."

4. The Woodbridge Police Department dispatched several officers to respond to 1932 Litchfield Turnpike, Woodbridge, Connecticut. Officer Thomas E. Wrigley of the Woodbridge Police Department reported that when he had arrived at 1932 Litchfield Turnpike, he was met by Stephen Gombos, at which time Gombos stated, " Oh my god, I can't believe I shot him, he took his damn orange off and I couldn't see him". The Officer further reported, Gombos stated he did not have a good sight of fire due to the bushes between him and his target and he was sure he was Shooting at a deer. Officer Edward G. Thomas, of the Woodbridge Police Department, reported hearing Stephen Gombos state, " I shot him, I can't believe I shot him, I shot Bill."

5. Officer Edward G. Thomas then drove Gombos to the Woodbridge Police Station. On the trip to the station Gumbos kept talking off and on about the incident and about tracking the deer he and the Deputy Chief shot yesterday. At one point he informed Thomas, he (Gombos) was a quick shooter, stating, "When I see a deer I shoot quick Boom, and I don't miss." Thomas attempted to steer the conversation away from the shooting incident, but Gombos led each topic back to the shooting. At one point Gombos stated, " I saw the white underbody of the deer towards me, and thought he's getting up and bang shot him."

6. On Saturday, November 20, 1999, Woodbridge Fire Department dispatched EMT'S ... to 1932 Litchfield Turnpike, The medical personnel arrived shortly after the police had located the victim. [A] Paramedic made the pronouncement of death of the victim, William Garfield, at the scene.

7. On Saturday, November 20, 1 999, the Connecticut State Police, Central District Major Crime Squad personnel responded to the scene at 1932 Litchfield Turnpike, Woodbridge, Connecticut. Investigators of the Central District Major Crime Squad received a consent to search for the scene located with in a wooded area west of 1932 Litchfield Turnpike,

Woodbridge, Connecticut. Investigators observed the victim, William Garfield, lying on his back, suffering from a gunshot wound to his left chest area, dressed In tan and green camouflage clothing. A reversible blaze orange and camouflage-hunting jacket was located on the ground approximately seven feet north of the victim. The orange jacket was examined by investigators for blood and damage that might be caused by a bullet strike, nothing was found. Investigators of the Major Crime Squad seized several items of evidence from the scene. These Items included, one Waffenfabrik Obernedorf a-n 1900 rifle with a Redfield Tracker 4x scope and a hunting knife, "Buck" brand, a four inch blade containing hair like fibers and blood stains, located a few feet north of the victim, identified as being the personal property of the victim, William Garfield.

8. Also seized from the scene was one Remington model 7400, semi-automatic, 30-06 caliber rifle with a Zeiss 3-12x56 scope set an 4x, Identified as being the personal property of Stephen Gombos. These items were on Gombos' person when Woodbridge PD officers first responded to the scene. They had Gombos remove the weapon from his person and leave it on the ground. A Winchester brand 30-06 caliber, discharged bullet casing, was located approximately 97 feet north of the deceased victim's body. The bullet casing was later tested by the State of Connecticut Forensic Laboratory Firearms Examiners and is documented as being fired from the suspect, Stephen Gambos', rifle. Investigators observed a male deer located a few feet south of the victim. The deer had been field dressed with its intestines removed and located a few feet west of the deer, Officer Hilli of the State of Connecticut Department of Environmental Protection performed a time of death estimation, Officer Hilli reported to have conducted a deep thigh temperature, naso-pheryngeal temperature and rigor mortis conditions in selected joints, along with eye condition's and deer mass (weight), All the aforementioned tests provided information that Is compared against known post mortem conditions in deer. Officer Hilli reported that the estimated time of death for the deer is from between 10 to 24 hours which would indicate the deer died from between 13:51 on 11/19/99 to 03:51 hours an 11/20/99. The deer carcass was seized by investigators and was transferred over to Officer Hilli for storage in the DEP Burlington evidence freezer pending the Necropsy.

9. On Saturday, November 20, 1999, the affront and Detective Jeffrey Twohill attempted to interview the suspect, Stephen Gombos, ... Woodbridge, Connecticut, W/M, DOB 07/13/39, at the Woodbridge Police Department. Stephen Gombos first agreed to speak the police, but a short time later during the interview refused to talk with police, stating he wanted to contact an attorney for advice. Gombos made several attempts to telephone an attorney from the police department, but was unable to make contact.

10. On Sunday November 21, 1999, members of the Major Crime Unit returned to the scene. In an attempt to recreate the setting from the previous morning, investigators, at approx. the same time and lighting conditions, recorded several important factors. Investigators dressed a member in similar camouflage styled clothing as the Victim’s and using a mechanical deer, attempted to recreate the shooting scene. From the location of the recovered spent casing, investigators photographed and video taped the area towards the body of the victim and the deer. Investigators were also able to photograph through the scope of Gombos' weapon at the CSP member and the mechanical deer. Scope settings were not changed-set at 4x.

11. On Sunday, November 21, 1999, the affiant attended the autopsy of the victim, William Garfield, DOB 09/21/50, ... Milford, Connecticut, The autopsy was held at the State of Connecticut Chief Medical Examiners Office in Farmington. Doctor Ira J. Kanfer, an Associate Medical Examiner, conducted the autopsy investigation. The final cause of death is certified as gunshot wound of chest and the final manner of death is certified as homicide.

Doctor Kanfer removed two pieces of lead and two places of copper jacket from the deceased chest area. The State of Connecticut Forensic Laboratory tested the two pieces of lead and the two pieces of copper jacket, The documented results showed the items are of no value for a positive Identification to any firearm.

12. On Monday, November 29, 1999 the affiant with DEP Officers Warren, #668 and Paul Hilli, #676, attended the deer Necropsy at the State of Connecticut Chief Medical Examiners office in Farmington, Connecticut. Chief Medical Examiner Doctor H. Wayne Carver performed the necropsy. Doctor Carver certified, in his report, of there being two gunshot wounds to the deer, one found in the left flank, in the middle of the ribcage, the second to the right rear hoof with no visible soft or periosteal hemorrhage associated with the wound. Doctor Carver stated to the affiant that the gunshot wound to the hoof was post mortem. The manner of death was certified as, gunshot wound to the chest, and other significant conditions as a gunshot wound to hoof.

13. On Tuesday, November 30, 1999, the affiant received a prepared statement from Stephen Gombos through the law offices of Ira Grudberg, 350 Orange Street, New Haven, Connecticut. In the prepared statement, Stephen Gombos stated the following as it related to the shooting of Garfield:

"We again went down to circle towards Litchfield Turnpike looking for the deer. It took about a half-hour to got down towards the field, although we were still in the woods. At that time I saw a deer getting up. I did not see Bill. Apparently Bill was behind the deer, lifting it to let the blood drain out. I shot at the deer. When I went down there, I saw the deer almost on top of Bill where they had both fallen. Bill was not wearing the jacket or vest at the time. He had taken it off, I think, before lifting the deer. The Woodbridge Police later moved the deer when they came."

14. On February 09, 2000, State's Attorney Investigators interviewed and received a written statement from, David Kubas, a civilian employee of the State of Connecticut Department of Environmental Protection. Kubas retains the title of Coordinator of the Conservation Education Firearm Safety Program for the State of Connecticut Department of Environmental Protection and teaches firearm safety and hunting safety. Kubas was shown a video tape recording and several photographs taken by Central District Major Crime Investigators on November 21, 1999, during the re-creation of the shooting scene. Kubas viewed various re-creation photos taken through the riflescope showing an Investigator standing In the approximate location as the victim holding a mechanical deer. Kubas stated that the photos did not depict sufficient target Identification. He continued by relating that It was not being responsible to raise your gun to shoot If you don't have positive identification of your target.

15. Wherefore the affiant believes probable cause exists for the arrest of Stephen Gombos, (DOB 07/13/39), for the crime of Negligent Homicide, Connecticut General Statute 63a-58,

That this affidavit has not been presented to any other court.

Man Charged In Hunting Fatality
By GARY LIBOW
The Hartford Courant
March 18, 2000

WOODBRIDGE - A local man was charged Friday with criminally negligent homicide in the November shooting of his hunting companion, Deputy Police Chief William Garfield.

Stephen Gombos, 60, voluntarily surrendered at state police barracks in Bethany. If convicted of the class A misdeameanor, Gombos could face as much as a year in prison and a $2,000 fine. His attorney said Gombos will plead not guilty to the charge.

Garfield, 49, was pronounced dead last Nov. 17 on town-owned land off Litchfield Turnpike. He was fatally wounded in the chest by a single bullet fired from Gombos' gun.

Garfield, described as an avid and careful hunter who preached safety, was harvesting a deer when he was killed, Gombos' attorney, Ira Grudberg, said Friday.

State police said Gombos' arrest came at the end of a lengthy and in- depth investigation by its Central District Major Crime Squad, Woodbridge police and the New Haven state's attorney. The arrest warrant was not available for
review Friday.

Gombos could not be reached for comment. But Grudberg said Gombos is innocent of any criminality in his friend's death.

``Mr. Gombos continues to grieve the loss of his friend, Bill Garfield, and his heart goes out to Bill's family,'' Grudberg said.

Grudberg said the accident occurred while his client and the deputy chief were out searching for a deer Garfield had shot the previous day. The two hunters had split up in the woods when Gombos saw a deer that appeared to be standing, Grudberg said, and fired his gun.

The defense attorney said Gombos did not realize Garfield had found the deer, removed his reflective hunting jacket, lifted the animal and had been standing behind the carcass to bleed it.

After firing the shot, he said, Gombos found the deer on top of the fatally wounded Garfield.

Gombos was released Friday on a promise to appear March 31 in Superior Court in New Haven. Criminally negligent homicide occurs when a person fails to perceive a substantial and unjustifiable risk that results in a death, state police Lt. Ralph Carpenter said.

Garfield had served with the Woodbridge Police Department for six years.