DA David Capeless said officer Christopher Colello acted appropriately in shooting Daniel Gillis, who was armed with a knife.
PITTSFIELD - The Berkshire District Attorney on Tuesday announced an investigation has cleared a Pittsfield police officer in the Sept. 1 shooting death of a man during a police response to a 911 call for a domestic disturbance.
District Attorney David Capeless said that following an investigation, his department could find no basis to for criminal charges against officer Christopher Colello in the shooting death of Daniel Gillis.
"I have concluded there was no criminal behavior on the part of any of the officers of the Pittsfield Police Department," Capeless said."Specifically, I have determined that officer Christopher Colello acted lawfully in defense of his fellow officers when Gillis suddenly charged at the officers while brandishing a knife."
Gillis was shot to death in his home at 42 Taylor St. just after 1 p.m. Police were called to the scene by his live-in girlfriend who was reporting domestic violence.
An autopsy determined he was shot seven times.
When officers arrived at the home, Gillis is said to have emerged from a back room holding knife to his throat and advancing toward officers. Despite repeated calls from officers to drop the knife, he continued advancing, and then charged at officers, Capeless said.
"Clearly this was an unfortunate situation which ended tragically," Capeless said. Once Gillis charged at officers and yelling at them "the situation changed from dangerous to life-threatening."
Capeless said the shooting was investigated by state police detectives assigned to his office and the state police Fire Arms Identification and Crime Scene Services sections, the Berkshire Sheriff's Department and Pittsfield police.
The investigation was aided by cell phone footage shot by a neighbor, he said. Footage showed Gillis emerging from the house and the moment of the shooting.
"A few seconds of the real-time capture of the event provided the most informative piece of the investigation," he said.
Gillis, according to his obituary, was a Salt Lake City native who later moved to Pittsfield with his family. At the time of his death, he was employed in construction.