Man’s death in Chesterfield standoff ruled justified

The fatal shooting by police of an armed Chesterfield County man who opened fire on county officers during an August standoff was necessary and justified, Chesterfield's chief prosecutor has determined.

"The officer responded appropriately, and not only was the use of force clearly justified, it was necessary to protect police officers as well as apartment complex residents," Commonwealth's Attorney William W. Davenport said yesterday in a prepared statement.

Brett Michael Rivers, 36, was fatally shot by a police SWAT team officer Aug. 31 after he fired several rounds at officers during a standoff at his apartment at The Park at Salisbury in Midlothian, authorities said.

The incident leading to his death began after Rivers, a Microsoft employee, brandished a revolver at a woman with whom police said he had a relationship; she worked in the complex's management office.

Police said Rivers apparently was distraught over his recent breakup with the woman.

Police said that after Rivers brandished the gun, he returned to his apartment and fired several shots from inside. After police evacuated nearby residents and began negotiating with Rivers, police said, Rivers fired his gun through a sliding-glass door in the direction of an officer.

Rivers then fired several rounds through his front door, exited his apartment and fired at SWAT team officers, police said. A SWAT officer then returned fire and mortally wounded Rivers, who died early the next day at VCU Medical Center.

Rivers had purchased the revolver he used in the 2½-hour standoff earlier that same day from the Green Top Sporting Goods store in Hanover County, according to state records of firearm transactions.

In mid-September, police confirmed that Rivers had expressed suicidal sentiments during the standoff and likely had been drinking. Police found evidence that alcohol was involved but were awaiting the results of toxicology tests to determine whether Rivers was intoxicated.

The department did not respond to questions yesterday about the results of its criminal and internal investigations, nor did it provide the name of the SWAT team officer who fired the fatal shot. But the department said the officer has been returned to full duty.

Davenport reviewed the police investigation and determined no further action was necessary.

Earlier this year, Davenport presented evidence to a multijurisdictional grand jury in another fatal police shooting, which involved a mentally ill man who tackled a female officer after authorities received a 911 call that he was beating his father. Another officer fatally shot the man, who suffered from schizophrenia and reportedly was depressed and edgy after being prescribed a new medication, according to his family.

After reviewing the April 25 case, the grand jury ruled that the shooting was justified "under the surrounding facts and circumstances."

Contact Mark Bowes at (804) 649-6450 or .