The Commonwealth of Massachusetis OFFICE OF THE DISTRICT ATTORNEY FOR THE NORFOLK DISTRICT MICHAEL W. MORRISSEY 448 SHAWMUT ROAD DISTRICT ATTORNEY ‘CANTON, MAo2021 July 8, 2019 (781) 830.4800 FAX (781) 690-4601 Chief William P. Quigley Cohasset Police Department, 63 Elm Street Cohasset, MA 02025 Re: The death of Erich Stelzer Dear Chief Quigley: ‘The Norfolk District Attomey’s Office, by statue, has the duty and authority to oversee all death investigations in Norfolk County. The Massachusetts State Police assigned to the Norfolk District Attomey’s Office were dispatched on December 27, 2018 to the Town of Cohasset to investigate the facts and circumstances leading to the death of Erich Stelzer. The Norfolk District Attorney's Office has undertaken a review of the conduct of the Cohasset Police Officers. As a result of reviewing the information provided to me (see attached list of reviewed documents), I make the following findings of fact and determination: 1, On December 27, 2018, at approximately 9:50 p.m., the Cohasset Police Department dispatched officers to the residence at 13 Church Street in Cohasset. Stelzer's mother, Diane Kiernan, called to report that her son Erich, who had recently been living at the residence, was causing a disturbance inside the home, Ms. Kiernan was not present at the home but had received a call from a neighbor in the adjoining residence on Church Street stating that he had heard loud crashes from inside the residence.2. As a result of that call, Cohasset Police deployed Detective Lieutenant (DLT) Greg Lennon, Officer Aaron Bates, and Officer Alex Stotik to 13 Church Street. Police were advised that Erich Stelzer was in the house. Ms, Kiernan said her son had mental health issues and police were asked to perform a wellbeing check. 3. DLT Lennon and Officers Stotik and Bates all arrived at the scene within a short time of each other, Lennon being the first to arrive. Lennon and Stotik checked the front door and Bates was assigned to check the rear door to sec if they could determine any activity within the home and attempt to gain entry. Dispatch called Ms. Kiernan, the homeowner, who granted permission to enter. Bates was able to open a slider in the rear of the dwelling through which the police could gain entry. After entry, the officers announced their presence by calling out “Cohasset Police” and "Erich" listening for a response, 4. As the officers made their way through the first floor heading towards a set of stairs to the second floor they heard a woman's voice yelling and screaming. ‘The officers reported hearing the words, “he’s killing me, help me he’s killing me”. They also heard a male voice. Officers ran up the stairs and found a barricaded door. It was not a typical hollow bedroom door but a solid wood door. Officers tried to gain entry, All officers heard sereaming coming from inside the room. Lennon attempted to kick in the door, and finally, after a number of kicks, the door opened. Officers observed a young female and Erich Stelzer, both naked and covered from head to toe in blood. Blood was visible all over the room and walls. Shards of glass were scattered throughout the floor. The officers indicated the female appeared to be significantly disfigured and bloody. They initially thought the female was dead. Stelzer had her ina choke hold and was holding a V-shaped piece of broken glass to the female’s neck. The officers drew their firearms and ordered him to let her go. Shortly after that instruction, the female slipped away and crawled on the floor towards the officers to get out of the room. When the female was removed from the room, the officers ‘observed what they described as something hanging from the side of her face. Bates stated he didn’t know whether it was an eye or a piece of her face hanging down. 5. The three officers were in the doorway at the edge of the room. They ordered Stelzer to the floor. He was a short distance away from them in the center of the small bedroom. Stotik and Bates were in the doorway with Lennon directly behind them. Bates, Stotik and Lennon had their firearms drawn, Numerous commands were given to Stelzer to get down on the ground. Stelzer continued to try to get up off of the floor. The officers indicated Stelzer appeared very strong, muscular, and tall. He was in some kind of rage or a state of rage. Stelzer was screaming “I am God” and making growling sounds and putting his hands up in a threatening manner. Bates announced to his fellow officers that he was going to use a less lethal option and drew his Conducted Electrical Weapon (herein after “Taser”). Lennon and Stotik initially kept their firearms drawn while Bates deployed his Taser. Bates deployed his Taser for the first time, made a positive connection, and Stelzer collapsed on the floor. The Taser stunned him initially but he attempted to get up. Bates utilized his Taser again in an effort to subdue Stelzer. The officers indicated Stelzer was completely naked and trying to wrestle with him would be difficult with all of the blood on his body and in the room. When the police thought he was subdued, Lennon moved to handcuff him, but due to officer safety, could only handcuff Stelzer in front. Stelzer again ‘The Medical Examiner's report noted Stelzer to be 6°5'4” and 220 pounds. 3