James Thieringer Jr.‘s poor physical condition caused his life to end in the parking lot of the River Restaurant on New Haven Avenue Jan. 2 — not the Derby Police Department.
That is the conclusion contained in a report Thursday from the state police Central District Major Crime Squad, who, at the request of Ansonia-Milford Office of the State’s Attorney, reviewed the actions of Derby officers the night they came into contact with the 43-year-old Ansonia resident.
Thierigner died after being handcuffed by police officers who had detained Thieringer after he became involved in a dispute.
His surviving family recently put the city on notice, saying they plan to sue for wrongful death.
Thieringer “suffered severe and fatal injuries resulting in his death,” according to a legal document filed on the behalf of Thieringer’s widow, Yvonne.
Messages seeking comment were left Thursday evening with Thieringer’s widow, her attorney and Thieringer’s brother.
Upon reviewing the state police report, Mayor Anthony Staffieri said he was satisfied to read city police were vindicated.
“It was a tragedy someone lost their life,” Staffieri said. “But, reading that report, it shows that our officers did their job correctly.”
The report portrays Thieringer, 5 feet, 8 inches tall and 360 pounds, as the intoxicated aggressor in a lopsided dispute that started when his Honda SUV Pilot was cut off by another vehicle as he attempted to leave a parking spot at the Wal-Mart on Route 34.
Thieringer followed the vehicle to the River Restaurant. From the report:
According to several eyewitnesses, Mr. Thieringer confronted the occupant of the vehicle, later identified as Roger Diagle. Daigle and his friend Christopher Lynn attempted to calm Mr. Thieringer down but were unsuccessful. Thieringer berated Mr. Daigle for cutting him off and stated “I don’t get mad, I get even, I get revenge.” He then left the lot at a high rate of speed nearly hitting Mr. Lynn’s girlfriend Katie Ebert.
Thieringer then drove to the Target in Ansonia, purchased a vacuum and visited an adult store on Route 34 in Derby. He then drove back to the River Restaurant at about 10 p.m., allegedly fueled by a 24 oz. Smirnoff Ice alcoholic beverage and a 375 ml bottle of Barcardi Rum he had purchased from Valley Discount Wine and Liquor earlier in the evening.
From the report:
Mr. Thieringer parked his SUV in a spot next to the vehicle operated by Roger Daigle. Mr. Daigle, Mr. Lynn, Mr. Lucarelli and Ms. Ebert were still inside the restaurant and observed Thieringer return to the lot.
Several patrons of the restaurant overheard (River Restaurant owner Rick) Lucarelli state he would go out to Mr. Daigle’s car and pull it around back in order to avoid a confrontation. Mr. Lucarelli left the restaurant with the keys and was immediately confronted by Mr. Thieringer.
Eleven separate eyewitnesses state Mr. Thieringer exited his SUV holding a long yellow object identified by some as a bat, by others as a pipe or axe handle. The item was recovered and is an axe handle.
Thieringer swung the ax handle handle twice at Lucarelli.
Lucarelli, a former Derby High School football standout, pushed Thieringer to the ground.
Lucarelli and two patrons subdued Thieringer until Derby Police Officer Mike Baldo arrived at the scene. Baldo reported Thieringer as in custody at 10:12 p.m.
From the report:
Approximately two minutes after placing him in custody, officers began to see signs of Thieringer’s medical distress. According to radio transmissions, Officer Baldo indicated the suspect was in custody at 10:12 p.m. and an ambulance request came in at 10:14.
The ambulance arrived at 10:22. During that period, several witnesses observed officers attempting CPR on the suspect. CPR was continued by ambulance personnel once they arrived.
Thieringer was declared dead shortly after his arrival at Yale-New Haven Hospital.
Thieringer’s blood alcohol content was .17 — more than double the legal limit to drive a car, according to the report.
An autopsy revealed Thieringer’s heart was twice the size of the average healthy adult. His death was the result of cardiomyopathy — a dangerous condition that causes an enlarged heart. Too much drinking over a long period of time can cause the condition.
The report concludes that the men who detained Thieringer were within the law — that the correct amount of force was used on the man, given his “hostile demeanor and violent actions with the axe handle.”
