Fatal shooting by police followed 46 seconds of chaos in a Hinsdale bedroom, the DA says. Here's what we know — and don't know

Fatal shooting by police followed 46 seconds of chaos in a Hinsdale bedroom, the DA says. Here's what we know — and don't know
Berkshire Eagle
By STEPHANIE ZOLLSHAN — THE BERKSHIRE EAGLE
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PITTSFIELD — It took 46 seconds for a mental health intervention to unravel in confusion and gunshots.

The chaos that erupted Wednesday morning left Biagio Kauvil, a 27-year-old New York man, with a fatal gunshot; a police sergeant with multiple wounds requiring surgery; and a police chief likely still alive thanks to a bulletproof vest.

During a 38-minute press conference Friday, Berkshire District Attorney Timothy Shugrue laid out in detail the events that took place in a locked rear bedroom in a small house just south of Hinsdale's village center that led to the death of Kauvil, who reportedly was experiencing paranoia and delusions.

Citing the early stages of that investigation, he declined to discuss certain aspects of the incident, including which Hinsdale police officer fired the shot that killed Kauvil. And he stressed the importance of making available mental health resources.

“This was a terrible tragedy, and it's just everybody was put in a very bad situation," Shugrue said at a news conference in his North Street office on Friday. "It was volatile, and it happened quickly.”

Hinsdale Sgt. Dominick Crupi and Police Chief Shawn Boyne were among five officers from two departments — Hinsdale and Dalton — that responded to the house Wednesday morning for a well-being check on Kauvil. Both were struck by gunfire and treated for injuries that were not life-threatening.

Shugrue said he met with Kauvil’s family for an hour on Friday morning, wanting them to hear from him before he met with the media. He said Kauvil had been living in New York state — he did not know in which town — and had no criminal record.

“I know his family had struggled with him having mental health [problems] … They tried real hard to get services for but there's not a lot to be found,” he said. "They're devastated. They've lost their son and their brother, and it's just an awful tragedy.”

The home at 53 Off South St. in Hinsdale was the scene of a fatal shooting by police on Wednesday. The victim, Biagio Kauvil, struggled with officers in a bedroom before taking a shot, prompting the officers to return fire.

While Shugrue would not address a number of specific questions about the shooting, he said he felt it was vital to inform the community about what happened to the extent possible, and correct inaccurate information being spread on social media.

“I haven't seen the ballistics; I haven't seen the autopsy report,” he said. “But I just felt the public deserved to know as quickly as possible what transpired.”

He stressed that what unfolded was as quick as it was traumatic: A physical struggle to subdue a man in the middle of a mental health crisis, two police officers wounded with a single gunshot, and two Taser deployments that failed to enable police to bring Kauvil under control.

Shugrue said he could not yet say which Hinsdale officer fired two gunshots six seconds apart — the first hitting Crupi in the elbow, the second hitting Kauvil in the head.

“I'm not giving you that information yet; not until I get the ballistics report back so I can confirm and actually know,” Shugrue said, noting that he has seen body camera footage from the incident. He said he did not know when or if that footage would be made public.

He stressed that much remains unclear about what happened in that room as police negotiated with Kauvil.

Shugrue said officers were not aware until they entered the bedroom and tried to subdue Kauvil that he had a .38 caliber handgun in his left hand. The weapon is visible in body camera footage from the incident, but Shugrue said it was unclear when police became aware that he was armed.

The struggle to subdue Kauvil moved to a bed where Kauvil, now face down, was still holding the weapon and was telling police, “Just kill me.”

Kauvil was still being subdued on the bed when the gun discharged. The bullet pierced Crupi’s hand and then struck Police Chief Shawn Boyne in the bulletproof vest on his chest.

It is not known if Kauvil intentionally fired the weapon or if it went off accidentally amid the struggle to subdue him, Shugrue said.

While the bullet did not penetrate Boyne's vest, the chief was stunned by the impact and breathing hard, saying “I’m hit, I’m hit,” Shugrue said.

Two subsequent attempts to subdue Kauvil with a Taser had only partial success, and the Taser was out of charges after being deployed twice, Shugrue said.

That’s when the unnamed Hinsdale police officer fired, striking Kauvil in the head.

Kauvil was still conscious when he was taken by ambulance to Berkshire Medical Center, Shugrue said. He was pronounced dead that afternoon.

Boyne and Crupi also were taken to BMC; Boyne was treated and released, while Crupi was transferred to Albany Medical Center, where he underwent surgery on Thursday.

A GoFundMe fundraising effort for Crupi and his family had raised $13,785 as of Friday afternoon.

A man who was shot by police Wednesday at 53 Off South St. died of his injuries, according to the Berkshire District Attorney's Office.

According to Hinsdale Town Administrator Robert Graves, Boyne, Crupi and a third, unnamed officer, are on medical leave. Peru Police Chief Bruce Cullett is covering administrative tasks, while Hinsdale Officer David Tarjick is serving as officer in charge.

“The officers [involved] are devastated. They're upset,” Shugrue said. “Everybody who was in the room is getting mental health treatment themselves right now. It’s a very volatile, difficult situation. Everybody feels horrible.”

The investigation is being conducted by Shugrue’s office and state police detectives. Since Wednesday, those investigators have been working long hours to understand what happened, how it happened, and why.

“They’ve been through that [video] three hours at a time, going through a 42-second clip, just going frame by frame by frame,” he said.

“At this time, it is far too soon to comment on if charges will be brought forward,” he added. “We will work to bring the investigation to a conclusion as soon as possible; however, I cannot comment nor do I know what that timeline will be.”

Shugrue said Dalton police were informed by the FBI’s National Threat Operation Center (NOTC) that Kauvil had called them with claims that raised concerns for his mental health. He had told the center that someone was trying to lure him into a machine in a basement that would damage his body and cause suicidal thoughts, and that police and organized crime were targeting him and his family.

On Wednesday morning, Dalton police received five hang-up 911 calls from Kauvll. At 9:59 a.m., Shugrue said, Boyne reported he was responding to 53 Off South St. and requested mutual aid from Dalton.

At 10:26 a.m., Kauvil called 911 again and remained on the phone with Dalton dispatch operators for 16 minutes, expressing paranoid thoughts but also stating he might be OK. During that call, a female voice could be heard in the background trying to make contact with Kauvil through a bedroom door.

Throughout the 911 call, Kauvil continued to express paranoid thoughts and became agitated and argumentative with family members who were still in the house, Shugrue said. Those family members, including a juvenile, had left the residence when officers decided to breach the bedroom door.

By 10:50 a.m., Dalton police contacted an ambulance and confirmed they were prepared to transfer Kauvil to Berkshire Medical Center for a mental health evaluation.

“We don't have enough mental health workers," Shugrue said. "Let's be honest, we just don't have enough. They don't get paid enough. We need more. And unfortunately, that's a big problem.”

Shugrue said it was not clear if a crisis intervention officer, such as those available in Pittsfield, was on the scene. But he stressed that mental health should be an important part of the criminal justice system, and called for more investment in those professionals.

“I think we’ve got to push our legislators to get more services for these departments to have social workers that are on scene, licensed clinical social workers that can deal with these issues,” he said.

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