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Update: New details of officer shooting, fatal hit-and-run

2:52 PM Mon, May 18, 2009 |
Kate Bramson    Email

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David J. Catalano, 29, of 10 Wasp Road, North Kingstown, has been ordered held without bail in District Court in Wakefield. Providence Journal photos / Frieda Squires

By Kate Bramson
Journal Staff Writer

SOUTH KINGSTOWN, R.I. -- The North Kingstown man accused of killing a gas station employee by hitting him with his SUV with his mother in the car, then driving off, and later shooting a North Kingstown police officer with his own gun, is being held without bail on five felony charges.

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Journal file photo
North Kingstown Police Officer Travis Maiato runs an event during a police recruit drive last year. A prosecutor says David Catalano, a suspect in a fatal hit-and-run accident, grabbed Maiato's gun Sunday afternoon and shot him three times.

In District Court in Wakefield, David J. Catalano, 29, of 10 Wasp Rd., North Kingstown, stood before Judge Walter Gorman in shackles Monday morning as a prosecutor described how Catalano attempted to kill Officer Travis Maiato.

Maiato had driven to Catalano's residence minutes after the hit-and-run, because the East Greenwich police asked for assistance from the North Kingstown police when their suspect fled into North Kingstown.

In connection with the North Kingstown shooting, Catalano has been charged with assault with intent to murder, discharging a firearm during the commission of a crime of violence, assault with a dangerous weapon, stealing a police cruiser and stealing the officer's gun. He is also being held as a violator of his probation for a disorderly conduct conviction in March.

The judge ordered Catalano held without bail pending a hearing June 3. But Catalano will be back before a judge on Tuesday, to be arraigned in Kent County District Court on at least three charges in the East Greenwich gas-station incident: Failing to stop, accident resulting; driving to endanger, death resulting; and leaving the scene of an accident with damage to an attended vehicle.

As Journal reporters worked to piece together Sunday's events, this picture began to emerge:

flowers_250.JPG A customer left flowers Monday at Willie's Shell, 5819 Post Rd. in East Greenwich, where Clifford LeValley, 66, worked.

In East Greenwich on Sunday afternoon, 66-year-old Clifford LeValley, of East Greenwich, was working at the Shell station at 5819 Post Rd. The longtime employee of that station, which used to be Willie's Texaco, was helping motorist Kelly Ringston, also of East Greenwich, by filling up her tires with air, according to a statement issued Monday by the East Greenwich police.

The police say that a driver later identified as Catalano was traveling north on Post Road in his 1995 black Ford Explorer when he drove into the gas station's south side entrance -- with Catalano's mother in the car -- and "drove his vehicle into Mr. LeValley."

East Greenwich Police Capt. William Higgins said LeValley was pinned -- either up against the wall or up against the car he was working on.

Higgins said he didn't know what Catalano was doing in the area or why he pulled into the gasoline station.

The Ford Explorer backed up quickly and fled to the south, toward North Kingstown, according to East Greenwich police.

Meanwhile, East Greenwich Fire rescue personnel responded within minutes to attend to LeValley, who was alert and talking to those rescue workers, according to Higgins. He was taken to Rhode Island Hospital, where the East Greenwich police say he died around 4 p.m.

The Shell employee's son, Cliff LeValley, said on Monday that the family is requesting privacy.

"We have confidence the justice system will be served," he said.

Within minutes of the hit-and-run, as Catalano fled the town, East Greenwich police notified North Kingstown police by phone that the hit-and-run involved injuries, and requested that Catalano be held so that an East Greenwich officer could pick him up. A motorist had called the police and said he was following the Ford Explorer, Higgins said. That motorist gave the police a license plate number and said the Explorer was heading south on Post Road.

North Kingstown Officer Maiato was dispatched to Catalano's residence on Wasp Road.

charboneau_150.jpg North Kingstown Police Chief Edward A. Charboneau

It was with little information about the suspect he was approaching -- or the East Greenwich hit-and-run -- that Maiato, 31, knocked on Catalano's door to tell him the East Greenwich police were looking for him, North Kingstown Police Chief Edward A. Charboneau said Monday.

"We didn't know [the hit-and-run] was going to be a fatal," Charboneau said. "We didn't have knowledge of the person's condition."

Nor, Charboneau said, did the North Kingstown police look up the criminal history of the man suspected in the hit-and-run accident.

"It was a simple notification," Charboneau said in an early phone interview with The Journal. "That's not something you look up somebody's history [for], just to see if someone's home in reference to a hit-and-run accident."

In East Greenwich, Police Captain Higgins said Monday morning that this was a fast-breaking incident. Once Catalano crossed into North Kingstown, Higgins said, his department turned to the neighboring department for assistance, even before checks could be done on the suspect.

Higgins said license plate checks and criminal background checks on suspects take some time, but the whole incident unfolded within about 20 minutes.

A police check on Catalano would have shown he had previous run-ins with the police dating back to his teen years in Johnston, including a 2004 charge of assault on a Johnston police officer after he allegedly poked an officer in the face while cursing him.

But officers make notifications like the one Maiato made Sunday "all the time for different police departments," Charboneau said.

Charboneau said early on Monday that the North Kingstown police would investigate whether the East Greenwich police told North Kingstown that the hit-and-run accident had critically injured someone.

Later on Monday, Higgins said that "North Kingstown was advised there were personal injuries in the accident." That information was relayed in at least a second communication between departments, but Higgins said it had been relayed by the time the officer showed up at Catalano's residence.

Charboneau said Sunday that Maiato had what he thought was a perfunctory conversation with Catalano, telling the man the East Greenwich police were looking for him in connection with an East Greenwich accident.

Fresh details emerged Monday about the shooting.

According to information presented in court on Monday, Maiato was standing outside Catalano's home Sunday afternoon when a radio call came over that the hit-and-run accident had seriously injured someone, and that East Greenwich police were on their way to Catalano's residence.

As soon as the radio call was heard, Catalano attacked the police officer, according to the prosecutor who spoke in court.

Catalano grabbed Maiato's gun and shot him three times, once while the officer was on his knees, and twice at his head, the prosecutor said.

He also pointed the gun at a witness who was screaming for Catalano to stop, Charboneau said later.

John Dennen, of 11 Wasp Rd., across the cul-de-sac from Catalano's residence, told a reporter Monday that Maiato knocked on Catalano's door and then the two of them walked to his SUV, which was parked on an island in the middle of the cul-de-sac. Catalano appeared to be pointing to damage on the SUV.

Dennen did not see the shooting.

phillip_thomas_250.jpgPhillip E. Thomas, of Narragansett, holds his daughter, Kaida, 2, Monday, at the home of his ex-wife, who lives at 9 Wasp Rd. in North Kingstown. Thomas witnessed Sunday's shooting of North Kingstown Police Officer Travis Maiato. Providence Journal photos / Frieda Squires

However, Phillip Thomas Jr., at 9 Wasp Rd., said he heard a shot, looked out, and saw Maiato slink low and start to run. Catalano then shot at him twice more, Thomas said, as Maiato was in an adjacent yard, almost in the street.

Thomas said Catalano ran around the SUV, apparently deciding what to do, then bolted across the street to the police cruiser, jumped into it and took off.

Kathi Robbin, of 20 Yorktown Rd., around the corner, said Maiato ran 150 yards and crouched down behind a car, screaming, "Twenty-nine! Twenty-nine!" into the microphone on his shoulder. He had ducked down behind her neighbor's car when he saw his police car, driven by a young man in a white shirt, pass him and turn north onto Post Road.

Hearing that shots were fired, East Greenwich police officers rushed to the scene, according to the statement issued Monday by their department.

The East Greenwich officers saw North Kingstown officers chasing Catalano in one of their own cruisers. The East Greenwich officers were able to box him in at Post and Essex roads in North Kingstown, forcing him off the road, Higgins said Monday morning. Those officers broke the driver's side window and pulled Catalano out of North Kingstown police cruiser No. 343, according to the police statement. He suffered some minor cuts and scrapes as a result, Higgins said.

Catalano was held Sunday night at the Adult Correctional Institutions in Cranston, Charboneau said.

Reviewing the shooting incident Monday morning, Charboneau said Maiato was struck twice with bullets from his own .40-caliber handgun, one grazing him in the shoulder, and the other striking him in the back.

The bulletproof vest he wore as part of "standard procedure" in the department "definitely" helped save his life, Charboneau said.

"[The vest] deflected the bullet [to his back] and saved him from being more seriously injured," Charboneau said.

The North Kingstown police chief attended Catalano's Monday arraignment and afterward said Maiato is in very good condition. Charboneau said the officer, who has been with the department for 7 ½ years, may be released Monday from Rhode Island Hospital.

"Officer Maiato is very lucky he is alive," he said. "He told us he heard one [bullet] whistling by his ear."

-- With reports from Journal Staff Writers Amanda Milkovits, Tom Mooney, Thomas J. Morgan and C. Eugene Emery Jr.

This story was originally filed at 7:18 a.m. and updated at 8:16 a.m., 8:36 a.m., 9:30 a.m., 11 a.m., 11:25 a.m. and 12:58 p.m.

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Comments

RITaxpayer said:

...and throw away the key!



Bob Johnson said:

This is another result of Rhode Island's liberal court system. "he can be rehabilitated" or "he had a troubled childhood" - etc, etc. As RI citizens we all suffer from having violent criminals on the street instead of at the ACI. Real nice - release violent offenders and let the defenseless citizens become victims again. I know of police officers that are continually frustrated with the courts, as they arrest a known violent suspect and see them back out on the street weeks later. (But when we try to get a concealed carry permit, we are the ones treated like criminals.)



SoSorry said:

I wish the media would focus on the life of the person who was lost rather than this low life creap. He deserves to spend the rest of his life in prison. My sincerest sympathy goes out to the family.



Ed said:

Well I guess the only logical explanation would be to cut Fire, Police, Sheriffs, and Corrections and take away their pensions. That would help the situation. We need fewer officers patrolling the streets because we need to let these creeps run rampant.



jethro said:

if he had attacked a non police officer he probably would get parole. but in RI, he attacked a police officer. all of the RI police and prison guards that run into this guy in prison is going to make sure he hurts real bad for attacking one of their own. this guy is in real serious trouble.



Joe G said:

This guy shoud be burried! He had no regard for life, why should we have any for his. Cliff was a great guy. And now we'll have to pay for his killers hotel room at the ACI? Bury him!!!



Paul said:

I don't know what drove this kid to this, but God be with him.



Kate said:

It doesn't make sense to me that the officer didn't hold him for e.g. or bring hime there if they knew he had just injured someone with his vehicle and how could this officer lose control over this situation so quickly and be shot with his own weapon. I question the authority of this police department and the training these officers receive to be in yet another poorly controlled situation.....may be time to question leadership in that town's dept. and act accordingly.



RILEO said:

Travis, hoping for a speedy recovery brother.



DB said:

I just checked his record online and it's fairly long and seems to have started as soon as he turned 18. Makes me wonder what his juvie record looks like. Everything from DUI, disorderly conduct, domestic assult, B&E and resisting arrest everytime. Hopefully they'll keep him off the street for good now.



Lorie said:

Perfect example of why we should have the death penalty. We're now going to foot the bill for him to live out his life in prison. SO very wrong! He took a life, take his!



dave o said:

i knew cliff,too,and yes he was a great guy..my heartfelt wishes go out to his family at this terrible tragedy>



sss said:

Police Officers and other public serveants risk their lives every day, and yet are ridiculed by the public, make less than the majority of tenured teachers in RI, and are expected to take huge hits to their contracts at negotiations. We need to make sure they and their families are taken care of!!



Alice said:

I'm not sure how liberals are to blame for this one guy's reign of terror yesterday, but, as a liberal, I am horrified at the events that took place. This is one case in which the death penalty would sure come in handy.



RunnerNK said:

Hope Travis is all healed! This guy should pay for what he did to that poor guy at the gas station and what he did to travis. if travis didnt have a vest on i would probably say he would of been died too. this guy needs to pay really bad for what he did.



Rob said:

To Katie

Of course it doesn't make sense to you, because you don't live this job, You wouldn't know what its like to put your life on the line..."Why didn't the Officer just do this e,g." You are of of those that is always quick to judge someone who is doing his job to protect you..If only cops were equipped with a Mind Reading Device, then we we always know just the right way to handle everything..I am sorry the cop got shot, but if the suspect tried to get the cops gun and the suspect was shot instead, you would probably now be saying why did the cop have to shoot an unarmed man. They need to be trained better. How about the community standing behind the police and insist that all cars are two man cars. But no that might cost the taxpayers too much money.



Katie said:

Rob,
In another article it stated the e.g. police did in fact notify the n.k. police that someone had been injured and to hold the suspect for them and the e.g. chief stated that message was given before the officer knocked on his door. Sounds like poor communication to me, and i'm sorry but something is wrong with the way it was handled and an officer shouldn't lose control over his weapon, thank god the suspect didn't shoot any of the neighbors with it, imagine. i am entitled to my opinion as you are to yours.



Joe said:

To Katie
Yes you are entitled to your opinion, altghough you make it with no exprience. You say an Officer shouldn't lose control over his gun..What is he Superman. You make it sound like he did that on purpose. He was overpowered by someone stronger than him. That is why No Cop should ride alone.
You keep saying he should have held the supect for the other PD.. Well he couldn't do that because he was being shot at!!! Whats wrong with you? What would you have done different Katie if you where the Officer involved. Remember we are not mind readers.



Kate said:

Rob,Joe, Whoever..

I'm just telling it as i see it. Why did the officer turn his back on this guy and go to walk away? First mistake..that's why he was overpowered. He was sent there to hold him for e.g. as i've read and received that info. before he got there. They (N.K.) knew he had caused an injury thru an accident and the chief quotes during a ridiculous press conference that they didn't know it was going to be a "fatal"..the whole situation is something that doesn't make sense to me, and yes i'm not an officer like yourself as why we have different opinions i'm guessing. So be it.



nksenior said:

i just read this, and i cant believe what i heard happened in my backyard. Always talking down on police tactics and being a roudy teen. This changed my whole view and the argument between Katie and the cop shows that cops are represented as superheros, but ive been in a load of fights. when fighting with guns the coward seems to prevail sometimes. What they are trying to say is not every play is an easy out an the unexpected happens everyday.




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