By Dave Collins
Associated Press
BRIDGEPORT, Conn. — A man who was shot by police and later died had to wait 10 extra minutes for an ambulance after an officer having a “mild anxiety attack” took the first one that arrived at the scene, according to a newly released state investigation.
Dyshan Best, 39, was shot in the back last year as he fled from officers in Bridgeport, Connecticut. A report released Tuesday by the state’s inspector general found that the shooting was justified because Best had a gun in his hand and the officer pursuing him had reasons to fear for his own safety.
| READ NEXT: Duty to act, assess, treat and transport: A legal refresher for EMS providers
But the report raised questions about what took place after the March 31 shooting, which left Best, who was Black, bleeding with severe internal injuries.
The first ambulance called to take Best to the hospital arrived at the scene at 6:02 p.m., about 14 minutes after the shooting. However, at the urging of other officers, that ambulance was used to take away a white police officer, Erin Perrotta, who had been involved in the foot chase, the report said.
Paramedics reported that Perrotta declined treatment in the ambulance.
“I am fine, I just needed to get out of here,” she said, according to the report. Another officer described Perrotta at the time as “visibly hysterical (crying and breathing rapidly) and had blood all over her uniform,” the report said.
The second ambulance arrived at the scene at about 6:12 p.m. Hospital records said Best was brought in for treatment at 6:22 p.m. — about 14 minutes after Perrotta got to the hospital, according to the report.
Best died at 7:41 p.m. as he was undergoing treatment for the gunshot wound, which damaged his liver and right kidney.
The report by Inspector General Eliot Prescott did not say whether the delay in waiting for another ambulance contributed to Best’s death.
One of Best’s nieces, Tatiana Barrett, told The Associated Press that revelations from the report have angered and saddened family and friends. They believe he could have survived if he was taken to the hospital in the first ambulance.
“Honestly it’s heartbreaking hearing all these details,” she said. “We were looking for justice. In our community, we don’t know what justice looks like. We want justice for my uncle. We truly believe he was murdered.”
A spokesperson for Bridgeport police, Shawnna White, declined to comment Wednesday when asked about Perrotta taking the first ambulance. She said in an email that the police department’s Internal Affairs Division would conduct its own investigation.
Perrotta currently is out on administrative leave due to an unrelated matter, which White did not disclose.
Phone and email messages were left Wednesday for Perrotta, Mayor Joe Ganim’s office, Prescott’s office, the city police union and Darnell Crosland, a lawyer for Best’s family.
The series of events began when someone called 911 to report a brawl involving about 30 people, including some who had guns. A witness pointed officers to two men in an SUV and said they had a gun, the report says.
Perrotta approached the passenger’s side of the vehicle and opened the door. Best is seen on police body camera video in the passenger’s seat, holding a bottle of alcohol, a vape pen and a cellphone. Perrotta asks Best to step out of the SUV so she could pat him down, the video shows. Best gets out of the vehicle, then runs away with police chasing after him.
During the chase, Best pulled out a 9 mm handgun, the report said. As he ran into a lot filled with disabled cars, the officer chasing him, Yoon Heo, fired his gun twice, striking Best once.
The inspector general concluded, based on the video evidence, that the shooting was justified because Best pointed his gun backward at Heo as he ran.
While wounded on the ground, Best said, “I got shot,” the videos show. Heo responds, “You pulled a gun on me,” but Best says “No I didn’t.” Heo then says “Yeah you did.” Prescott said a handgun was found near Best at the scene.
After the shooting, the family’s lawyer, Crosland disputed that Best had a gun and claimed he was instead holding a vape pen. Prescott said police body camera video clearly show Best with a pistol in his hand.
Best’s niece, Barrett, said he was a truck driver who had returned to his hometown of Bridgeport to attend a friend’s funeral.
In high-stress scenes like officer-involved shootings, what steps can EMS take to ensure the most critical patient gets transported first?
EMS1 readers respond
“There is combination of concerns here, especially for EMS. Who requested the call for service? Was EMS granted access to the patient? EMS generally has no legal authority to override law enforcement authority. Secondly, what implications are involved when dealing with law enforcement actions, under the 4th, 8th,14th Amendments. Many times, it is assumed EMS ownership or a ‘duty’ in these cases, but that is not always the case. What may be of concern is the potential to demonstrate deliberate indifference (42 USC 1983) on behalf of law enforcement. Though not relevant in this case according to what I’ve read, that can also change based upon existing or the belief of an ongoing threat. While law enforcement does continue to enjoy legal protections and afforded the luxury (responsibility) of judgement that EMS is not afforded, there are also obligations and authority that remain the responsibility of law enforcement, and they determine when that phase of operation shifts. While we may petition and should be advocating, until that transition occurs, this is a law enforcement incident. There are a lot of things that general EMS doesn’t consider, such as off duty officer State or Federal obligations that still exist, in opposition to HIPAA, while they are working part time as an EMS provider. I would love to hear from some of the ‘healer/protectors’ out there.”
“The police were wrong, but the crew was wrong to follow their (bad) orders.”
