State’s Attorney Releases ‘Preliminary Status Report’ On Monday’s Use Of Force Incident

The vehicle that Corneilus McCullough fired upon before police said he as shot by a Derby police officer.

DERBY — A state’s attorney issued a one-page letter Wednesday confirming that a passing car allegedly fired upon by a 29-year-old Derby resident Monday appears to have had nothing to do with the shooter. The document also identifies the name of the Derby police officer who shot the man in his leg.

According to the letter from Stephen J. Sedensky III, the State’s Attorney of the Danbury Judicial District, on Monday morning at about 7:15 a.m. Derby Police Officer Patrick Foley was in his patrol car on Division Street near Atwater Avenue when two people — Corneilus McCullough and an unidentified juvenile — approached the car.

Preliminary information collected by the Connecticut State Police indicates that after an initial interaction, the armed Mr. McCullough fired his handgun,” according to Sedensky. Officer Foley fired his own handgun, injuring Mr. McCullough.”

McCullough was treated at Bridgeport Hospital.

An apparently unrelated passing car was struck by Mr. McCullough’s gunfire. The occupant of that car was not injured. A revolver, not belonging to Officer Foley, was recovered from the scene,” Sedensky notes.

The gun recovered at the scene is in the road near the orange cone.

McCullough was charged late Monday with illegal possession of a handgun and carrying a pistol without a permit. A judge found probable cause for the arrest Tuesday and McCullough was scheduled to be arraigned Wednesday. More charges are possible.

In his preliminary status report, the prosecutor notes that Derby police do not have body cameras or dashboard cameras.

(Note: Derby police had purchased some cameras in the past, but they never worked well, according to previous public statements made in budget discussions by the Derby Chief of Police, who has requested the city allocate money for the purchase of new equipment as mandated by the state’s new police accountability act)

The prosecutor’s letter states that McCullough is Black and that Foley is 35, white, and has been on the force for 13 years.

The complete letter is embedded below.

The Valley Indy has previously reported that Officer Foley was in his car Monday morning when McCullough and the juvenile approached. Foley radioed dispatch saying the two men were telling him they were getting chased by somebody.” Chief Gerald Narowksi said the two banged on Foley’s windows asking for help. Foley can be heard on this radio saying get out of my car,” but a police source said no one actually entered the car.

Within about 8 seconds of his first transmission, Officer Foley can be heard frantically saying shots fired, shots fired.”

The sedan McCullough allegedly shot at pulled over next to the Mobil gas station at the corner of Division and Pershing. The Valley Indy reported Tuesday police thought the car was likely just in the wrong place at the wrong time.

No official information has been released about the juvenile who was with McCullough. He was in custody for several hours at the scene immediately after the incident but was not charged. A family member told the media he was not involved.

In 2018, Officer Foley was given a Courage of Connecticut” award from AFSCME Council 4 for his role in capturing a suspect who shot a man outside the Ansonia Mini-Mart on July 4, 2017. The suspect fled to Derby, where Foley spotted him and chased him for seven miles before the suspect crashed his car and was taken into custody. The suspect was sentenced to nine in prison.

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