Hartford state’s attorney clears Wethersfield officer in deadly shooting of Anthony Vega-Cruz; family ‘outraged’ with ruling

Hartford State’s Attorney Gail P. Hardy cleared a Wethersfield officer of wrongdoing Wednesday in the deadly shooting last April of 18-year-old Anthony Vega-Cruz — a decision met with anger from the family and their attorney.

Hardy ruled that Officer Layau Eulizier was justified on April 20, 2019, when he opened fire on Vega-Cruz, who was behind the wheel of a vehicle on the Silas Deane Highway.

“Officer Eulizier discharged his firearm in fear that the operator was about to run him over and that he would lose his own life,” Hardy wrote in her mandated report issued Wednesday.

The report comes nearly 11 months after the killing, despite calls from the public for a speedy investigation. No criminal action will be taken against Eulizier following the report.

In a statement, the family’s attorney said they are “outraged” with Hardy’s ruling, but will continue their fight in civil court.

“We are outraged that the officer will not face charges, but we remain hopeful that we will help the Cruz family find justice in civil court. We intend to pursue civil lawsuits against the officer and the Wethersfield Police Department,” said Attorney Ben Crump. “This execution-style killing was senseless — a traffic violation should not carry a death sentence. Officer Eulizier was sworn to protect the rights of every citizen, and he failed that duty in the most shocking of ways. We will continue to pursue civil remedies so that Chulo’s family will get the justice they deserve.”

The American Civil Liberties Union of Connecticut, which has followed the case, was critical of Hardy’s ruling and her decision to release it during the coronavirus pandemic.

“Once again, a Connecticut prosecutor has decided not to pursue justice for a young man of color who was killed by police,” said David McGuire, executive director of the ACLU of Connecticut. “Anthony Jose ‘Chulo’ Vega Cruz should still be alive today. It is shameful and unconscionable that State’s Attorney Hardy and the Division of Criminal Justice chose to release this news in the midst of the COVID-19 pandemic, forcing people to choose between protecting their health and protesting and mourning the state’s choice not to pursue justice for Chulo.”

Dash camera footage from the incident shows Eulizier chasing the vehicle on foot before firing at least two shots into the windshield as the Infiniti sedan attempts to drive away.

Another video shows a police car hitting Vega-Cruz’s vehicle, but it appears to show Vega-Cruz trying to flee that officer before Eulizier opened fire.

After the shots were fired, video footage shows Vega-Cruz’s car travel across the Silas Deane Highway, stopping on the curb outside Alpine Haus at 942 Silas Deane Highway. Vega-Cruz’s girlfriend is seen on the video getting out of the car with her hands up before crawling to the officers.

According to Hardy’s report, an officer had attempted to stop Vega-Cruz’s car after running the plates and discovering they belonged to a different vehicle.

Euilizer, who was ordering food at Wethersfield Pizza on the Silas Deane Highway, joined in the pursuit, the report read. Euilizer used his police vehicle to block some lanes of traffic and Vega-Cruz apparently lost control of his vehicle attempting to avoid Euilizer.

With Vega-Cruz’s car stopped in front of the entrance 943-957 Silas Deane Highway, Eulizier hit the car with his police vehicle, according to Hardy’s report.

Euilizer then got out of his vehicle, gun at his side, repeatedly yelling “show me your hands.” He stopped in front of the car as it was trying to drive away and fired the shots, Hardy wrote in her report.

In a statement to investigators, Euilizer said it was his momentum that carried him to the front of Vega-Cruz’s car and that there was nowhere he could go.

“At this point I was inches from the front of the vehicle and I feared for my life and knew that I had to stop the operator from running me over with his vehicle,” Euilizer told investigators.

Euilizer, who had been with Wethersfield police for eight months before the incident, had previously been involved in a deadly police shooting while working as an officer in Manchester, but it was determined his bullet never hit the suspect. The New London State’s Attorney determined his use of force was justified in that case.

While in Manchester, Eulizier was punished for conduct unbecoming an officer for tactics he used during a traffic stop, Hardy’s report read. Hardy also acknowledged other documented incidents in which supervisors in Manchester believed Eulizier did not perform to standards.

Eulizier had also been cited in Wethersfield for violating the department’s pursuit policy after he chased a street racer on the Silas Deane Highway.

He has been on administrative duty since the April 2019 shooting of Vega-Cruz.

“I am very happy that the report is finally done and that our officer was justified in his action,” Wethersfield Police Chief James Cetran said Wednesday.

No decision has been made on when Eulizier will return to full duty.

The report into Vega-Cruz’s death comes five months after a probe was launched into Hardy’s long delays in issuing findings in deadly shootings that she was required by law to investigate.

The probe by then-Chief State’s Attorney Kevin T. Kane came following a report in the Courant that showed Hardy had five outstanding deadly police shooting investigations, two of which dated back more than a decade.

Kane determined that four of her investigations from March 2008 and July 2012 were untimely, but the investigation into Vega-Cruz, which Kane assigned to her, was not.

He suggested the state’s Criminal Justice Commission, which oversees the 13 top prosecutors including Hardy, bring her in to discuss the matter and consider some form of punishment.

The Criminal Justice Commission has not discussed the matter publicly since December and has not included it on its recent agendas. Hardy has never appeared publicly before the commission to discuss the matter.

Following the Courant’s report, the 13 state’s attorneys, including Hardy, agreed to a first-ever deadline on completing deadly police shooting investigations. The policy requires they finish their reports within 120 days of receiving the investigative materials from state police, or submit in writing why they cannot complete the investigation.

Nicholas Rondinone can be reached at nrondinone@courant.com.