July 17, 2008

The Charlotte-Mecklenburg Police Department's Chain of Command Review Board has completed its administrative investigation into the incident where Officer D.L Artieri discharged his firearm on February 27, 2008 striking Gilberto Rivas. The shooting occurred while Officer Artieri, a member of the Charlotte-Mecklenburg Police Department's SWAT team, was serving an arrest warrant at 9618 Langston Mill Road. After a thorough review of the evidence, the Board determined that the shooting was justified.

The Department's Chain of Command Review Board includes members of the officer's chain of command, Internal Affairs and an outside civilian participant from the Community Relations Committee. Their charge is to review all available evidence and interview appropriate witnesses to determine whether any departmental policies were violated. While North Carolina law prohibits the release of the results of the internal review, Police Chief Rodney Monroe is releasing the following information from the Criminal Investigations file. Chief Monroe will continue to release information concerning cases of public interest so long as the release does not either interfere with an on-going investigation or violate the law.

CMPD SWAT members served a warrant for the arrest of Rafael Wilfredo Rivas at approximately 5:30 A.M. Wednesday, February 27, 2008 as part of an ongoing joint investigation between CMPD, Immigration and Customs Enforcement (ICE) and the North Carolina Department of Motor Vehicles. Advance intelligence indicated there were numerous weapons in the home in which Rivas was residing.

Gilberto Rivas, the brother of the primary suspect, fired two times at officers with a 9 mm handgun after officers identified themselves and made entry into the house. One officer sustained minor injuries as a result of Gilberto Rivas's gunfire. Officer D.L. Artieri returned fire by discharging his weapon six times striking Mr. Rivas four times. Gilberto Rivas sustained gunshot wounds to his right shoulder, mouth, neck and shoulder. He was transported to Carolinas Medical Center where he was treated for critical injuries.

Gilberto Rivas is currently being held in the Mecklenburg County Jail on five counts of Attempted First Degree Murder and six counts of Assault with a Dangerous Weapon. In addition, ICE has placed a hold on him for violation of immigration law.