Orange officer that fired shot during violent struggle ‘acted recklessly': Inspector General

An Orange police officer that fired his gun during a violent encounter in the parking lot of a department store last year was found unjustified in his actions, which could have endangered human life, according to the Office of the Inspector General.

In a report, the Inspector General's Office said Officer Eric Ristaino "demonstrated incompetence" and used "extremely poor decision-making [that] amounted to recklessness," which "endangered human life - including the life of another officer."

Officials said Officer Kurt Correia was pulled into a person's car in the Burlington parking lot on Boston Post Road where a fight happened just before 10 p.m. on Sept. 15, 2023.

Police were initially called to the area on a report of a suspected shoplifting. Correia responded to the scene and saw a person holding a laundry basket full of what appeared to be stolen items.

That's when Correia got out of his police cruiser and called out to the thief, who was running toward a 2004 Buick Century with a woman inside. Authorities said the man got into the car's passenger seat.

The officer chased after him and allegedly grabbed his shoulders in an attempt to pull him out of the car. Authorities said Correia was then pulled into the car where a fight happened.

That's when Ristaino responded and tried to open the driver's door, but the woman backed the car up and crashed into a police cruiser before fleeing, according to authorities.

At this point, Correia was still partially inside the suspect vehicle. That's when Ristaino fired his gun, hitting the back of the car. Police said no one was struck.

In a report released Monday, the Inspector General's Office said Ristaino shot at the driver's headrest, "intending to use deadly force on the driver" while the car was traveling down Boston Post Road.

"This was a dangerous situation. Officer Ristaino’s intended effort to stop the vehicle by shooting the driver in the back of the head, however, would have made matters much worse. It likely would have resulted in a driverless car heading uncontrollably onto the Boston Post Road," authorities said in the report.

The Office of the Inspector General found that Ristaino's use of deadly force was unreasonable and unjustified.

"All occupants were in mortal danger from Officer Ristaino's alarmingly poor decision-making that amounted to recklessness," the report reads.

It goes on to say that Ristaino faced a situation where Correia was effectively being kidnapped by thieves who had "turned a shoplifting incident into a robbery by using force in an attempt to escape."

Authorities said they will not prosecute Ristaino because of the low probability of conviction. They recommend that the Police Officer Standards and Training Council (POSTC) consider cancelling his certification as a police officer.

"He made a split-second decision to address this situation. It was a dangerous and unreasonable decision; and one that a competent police officer would not make. However, given the lack of impartial video evidence and the requirement that the state prove any criminal charge beyond a reasonable doubt, I believe that there is insufficient evidence to sustain the state’s evidentiary burden," the report reads.

The Orange Police Department said Ristaino is on paid administrative leave pending an internal investigation.

Both the man and woman inside the car were taken into custody. They face charges including assault on a police officer, larceny and more.

The Office of the Inspector General said the officers' body worn cameras were not activated at the time of the incident. They did, however, release dashcam video.