Based on the facts and circumstances described above, the following determinations can be made:

The Fall River Police had probable cause to believe that Anthony Harden committed an Assault and Battery on a Family or Household Member and an Assault and Battery with a Dangerous Weapon.  As a result, the Fall River Police had lawful authority to arrest Mr. Harden on these charges.  The two Fall River Police Officers lawfully entered 120 Melville Street with the consent of the owner.  After the two Fall River Police Officers encountered Mr. Harden and informed him that he was being arrested, Mr. Harden suddenly and violently attacked the male police officer with a knife.  Mr. Harden’s attempts to use deadly force to stab the neck area of the officer could reasonably be expected to cause death or serious injury.  The male Fall River Police Officer stated that Mr. Harden’s attack caused him to fear for his life.  This fear was reasonable based on Mr. Harden’s repeated attempt to stab the male officer in the head and neck. Similarly, the female Fall River Police Officer was reasonable in her belief that Mr. Harden used deadly force against the male officer and that the male officer’s life was in jeopardy.  The female Fall River Police Officer shot Mr. Harden twice in his left side, in order to prevent Mr. Harden from causing serious bodily injury and/or death of the male officer.

The Fall River Police Officer’s use of force was consistent with the Fall River Police Department’s internal policy regarding the use of force and consistent with the law of self-defense and/or defense of others.  Due to the sudden and violent nature of Mr. Harden’s unprovoked attack, de-escalation tactics were not feasible based on all the circumstances.  The use of force was not excessive because two shots were reasonable under the circumstance to prevent the officer from suffering seriously bodily injury and/or death.

Based on a review of the law and all the facts and circumstances related to this incident, there is no basis to conclude that either Fall River Police Officer committed a crime.  The fatal shooting of Mr. Harden by a Fall River Police Officer was a justified use of deadly force in response to Mr. Harden’s violent and repeated armed assault on the male police officer.