NEW ROCHELLE, NY — New Rochelle police likely averted a terrible tragedy last year when they intercepted a drunk and agitated employee of the Marshalls Department Store on Petersville Road armed with a loaded .32 caliber Smith & Wesson revolver. The gun contained six live rounds. The man also had a folding knife and a backpack containing a box filled with 38 live rounds.
As police approached, the man drew the gun, placed it under his chin and pulled the trigger causing a massive head wound.
A Westchester County Grand Jury recently brought a five-count indictment against Gerardo Rivas Avalos, 22, for charges related to the incident which took place 15 months ago and was reported at the time as an attempted suicide.
The indictment consists of two counts of Criminal Possession of a Weapon in the Second Degree, an Armed Felony offense, a single count of Criminal Possession of a Weapon in the Fourth Degree, a misdemeanor, and two counts of Aggravated Harassment in the Second Degree, both misdemeanors.
Rivas Avalos is a Mexican national was who residing in New Rochelle, NY with his parents at the time of the incident. In the hours prior to the shooting, he had made repeated violent threats against Marshalls’ employees after he was sent home from work for being intoxicated. At one point he threatened to chop off the head of the store manager.
The indictment stems from a series of incidents which occurred on March 21, 2012 which have been largely unknown to the public because initially no charges were filed in the case. It had been widely expected within the police department that Rivas Avalos would die that night from a self-inflicted gunshot wound to the head and no charges would be necessary.
The story has special resonance in light of the recent police shooting in which an emotionally disturbed man was shot by a New Rochelle police officer after he came at police officers with a knife.
The incident shows “the complexity of police work,” according to New Rochelle Police Commissioner Patrick Carroll.
“In the whole scenario nowhere is there any mention of a gun and people on the scene never thought about a gun. Possibly a knife, yes, but not a gun. Luckily for the officers he didn’t shoot at them…they were probably exposed.”
Police records show that the two officers involved were exposed, approaching Rivas Avalos with a taser, as he turned, blocking officers view of his hands and reached for his weapon. He could have just as easily turned the gun on the officers as himself, noted Carroll.
Rivas Avalos was an employee of the Marshalls Department Store located at 200 Petersville Road in New Rochelle, NY. He was sent home early by the store manager that day because he appeared to be intoxicated. Rivas Avalos returned to his home, an apartment at 46 Park Place where he lived with is parents. Throughout the day, Rivas Avalos became increasingly agitated and began calling the store and making violent threats.
According to police records obtained under a Freedom of Information Law request by Talk of the Sound, New Rochelle police had been tracking Rivas Avalos for hours prior to the shooting.
New Rochelle Police got their first call that day about Rivas Avalos at 4:46 p.m. An unidentified caller reported a man with a knife in front of 46 Park Place. Police officers Robert Ferguson, Frank Lore, Dwayne Jones, Anthony Chiera and Sergeant Daniel Conca responded to the scene. Once there, the officers received a report of a white male, 25 years of age, wearing a blue bandana, blue jacket and blue jeans who was yelling and screaming while displaying a knife. The man appeared to be intoxicated. Police canvassed the area but did not observe a person matching the description provided and left the area.
Several hours later, Police Office Frank Lore and Police Officer Juan Torres responded to a call from the store manager at Marshalls Department Store at 7:53 p.m. The store manager told police that he had trouble with an employee earlier that night, that the employee appeared to be on alcohol or drugs. He was told to go home because he was having trouble standing.
The store manager reported to police that after he left the store, Rivas Avalos began calling him, threatening to jump him and cut his head off. As Police Officer Lore was interviewing the Store Manager, Rivas Avalos called again and police listened as Rivas Avalos called the store manager a “punk” and a “bitch” for calling the police. Lore then attempted to speak with Rivas Avalos but he hung up once Lore identified himself.
The store manager showed police surveillance video of Rivas Avalos in the store earlier that day. The video showed Rivas Avalos dropping items and having difficulty standing. After viewing the video, Lore called and advised headquarters that the man in the video matched the description of the man with a knife on Park Place earlier in the day.
The store manager told police he did not want to pursue charges. Lore and Torres canvassed the area without finding Rivas Avalos and left the area.
Lore told Sgt. Conca about the incident at Marshalls later that evening and the pair returned to the store at 9:15 p.m. The store manager told police that Rivas Avalos had called about ten more times since Lore had left, each time threatening to beat him up. The store manager told police he now did want to pursue charges.
Lore and Conca told the store manager they would canvass the area for Rivas Avalos and, if they found him, would contact the store manager for a statement.
Police officers Robert Ferguson and Sergeant Kevin Perri responded to 200 Petersville Road at 10:04 p.m. to assist in canvassing the area for Rivas Avalos. Upon arriving at the Potter Avenue side of the parking lot, Ferguson observed Gerardo Rivas Avalos standing on the exit ramp from the parking garage (pictured above). He placed his car’s spotlight on Rivas Avalos. Ferguson and Perri got out of their vehicle and approached Rivas Avalos expecting they might have to taser him.
The encounter was captured the patrol car’s dashcam. Police would not release the video under FOIL due to the ongoing prosecution of the case.
Based on his appearance — bloodshot, water eyes and appearing disoriented — Ferguson directed Rivas Avalos to face away from the two officers and place his hands on a wall. Rivas Avalos initially complied.
As he was approached, Rivas Avalos then took his hands off the wall and turned slightly to his left, blocking the officer’s view of Rivas Avalos right hand. Using his right hand, Rivas Avalos pulled the .32 caliber Smith & Wesson revolved from his right side, placed it under his chin and pulled the trigger one time which resulted in self-inflicted gunshot would under his chin and to his head.
Ferguson and Perri repeatedly called for an ambulance expedite to their location, administering first aid until the ambulance arrived.
Additional police officers, paramedics and firefighters arrived at the scene of what had become an attempted suicide. Among them was Police Officer Edward Martinez. Sergeant Perri directed Martinez to drive the ambulance to Jacobi Medical Center in the Bronx while two EMTS (Huang and Maddacena) worked on Rivas Avalos. Police Officer Hued followed in an NRPD patrol car.
At Jacobi Medical Center, Rivas Avalos was treated by Dr. Luo for a gunshot wound and placed in the Surgical ICU Unit. Police officers continued to guard Rivas Avalos throughout the night and into the following day.
Meanwhile, Detective Justin Wilson, Detective Kevin McKenna and Detective Isabel O’Rourke were called to the scene with Crime Scene Equipment to process, collect and photograph the scene. When they arrived, the investigators noted Rivas Avalos lying on the ground on the exit ramp from Home Goods/Marshalls parking structure.
Detective McKenna took photos of the victim and the immediate scene. After the victim had been transported from the scene, McKenna took more digital photos of the scene, showing a silver revolver and a knife that were found at the scene.
After the scene had been photographed, McKenna secured the revolver and knife with the Detective Christopher Greco, the case detective. Also found at the scene and photographed was a black backpack containing a box of Remington .32 caliber bullets. The box of bullets was also turned over to Detective Greco. The clothing and personal effects were collected by McKenna and turned over to Greco.
McKenna and members of the New Rochelle Fire Department were subsequently notified to wash down the area.
Detective Greco reported that evidence recovered at the scene including one loaded .32 caliber Smith and Wesson revolver with one spent round and 5 live rounds; 38 live rounds and one folding knife. Recovered from Rivas Avalos was one black wallet which contained $1,648.
A preliminary search of the associated serial number from the gun revealed that the gun was not stolen. An ATF E-Form 3312.1 National Tracing Center Trace Request was completed and faxed to the ATF at 2 a.m.. A Westchester County Ballistics/Latent Print Request Form was completed and attached. Westchester County Police confirmed that Rivas Avalos did not have a permit to carry or own a pistol.
The case was ruled an attempted suicide and, given the expectation that Rivas Avalos would not survive a gunshot wound to the head, the case was closed pending updated information.
Members of the Special Investigations Unit made notification to the family of Rivas Avalos that evening. The family stated that their son was suffering from an unspecified condition.
Surprising just about everyone familiar with the case, Rivas Avalos came out of surgery the next day and survived. On April 5th, he was well enough to give an oral statement to investigators at Jacobi Medical Center. He was subsequently discharged from the hospital and turned himself into police, according to New Rochelle Police Detective Captain Joseph Schaller. He was arrested on May 23, 2013 on a single count of Criminal Possession of a Weapon in the Third Degree, a Class D Felony.
Talk of the Sound spoke with the parents of Rivas Avalos at their Park Place apartment shortly after the arrest of their son. They agreed to pass along a message to Gerardo requesting an interview. A week later Gerardo Rivas Avalos responded by telephone only to say that he was “OK” and “in therapy” but did not want to be interviewed at that time.
It was not until April 19th, 2013 the case against Rivas Avalos was presented to the Grand Jury of Westchester County. The Grand Jury returned the 5-count indictment and Rivas Avalos arraigned on May 9th.
The next court date is August 8th for trial determination.