Ex-cop who killed suspect wants to be city firefighter

05/15/2007

William Kaempffer , Register Staff

NEW HAVEN — A former New Milford police officer who fatally shot a suspect and later pleaded no contest to criminally negligent homicide has applied to be a city firefighter. Scott B. Smith, 35, of Danbury, appears among 195 candidates on the ranked hiring list approved Friday by the city.

At No. 58, it appears unlikely that the city would hire enough firefighters to reach his spot on the list. But even if the spot was reached, the city’s chief administrative officer Monday said that type of conviction probably would be enough to disqualify him.

Smith was the first Connecticut police officer to be charged with murder for an on-duty shooting. He later pleaded no contest to criminally negligent homicide and received no jail time.

A class A misdemeanor would not automatically disqualify a candidate from being hired by the Fire Department. Only a felony conviction is an automatic disqualifier.

Rob Smuts, New Haven’s chief administrative officer, however, said before conditional job offers are issued, the Board of Fire Commissioners would set "clear standards" of what would disqualify candidates.

"This almost certainly would fall under the category of things that we would be precluding," Smuts said, although he stressed that the final decision lies with the fire commission.

Contacted Monday, Smith said a firefighter position has been a longtime dream, and his experience, however difficult, would make him a better employee.

"In a lot of ways, the things I’ve gone through have made me stronger and tougher mentally," he said. "I enjoy public service. I was passionate about being a police officer and there’s no doubt in my mind I would make an awesome firefighter. Any town that is willing to hire me, they’re not going to regret it."

Over the last few years, he has applied to a number of departments. Stamford excluded him from consideration because of his conviction, he said, but he didn’t know if that was specific to his case or because of a general policy.

Most other municipalities have seemed pretty open to considering him, he said.

Smith listed the conviction on his New Haven application, writing "I was working as a New Milford Police Officer when involved in a shooting while taking armed suspect into custody."

As part of the original plea agreement, he agreed to never again seek employment as a police officer.

Smith shot Franklyn Reid in 1998 after a foot chase. He was convicted of first-degree manslaughter in 2000 and was sentenced to six years in prison. The state Appellate Court overturned that in 2002 and ordered a new trial, which was preempted when Smith pleaded no contest to a lesser charge.

He received a one-year suspended jail sentence and two years of probation.

At his first trial, Smith testified that he acted in self-defense when Reid, who was prone, refused to show his hands and made a sudden movement.

One witness at the trial said Reid was on the ground, face down with his hands pulled behind his back, while the plain-clothes officer was standing over him with a foot in his back and his pistol aimed just above his foot.

Smith is white, and Reid was black.

A message left Monday with Richard Bieder, the lawyer who has represented Reid’s family, was not immediately returned.

The Rev. Boise Kimber, a member of the fire commission, also did not return a call.

Alderman Yusuf I. Shah, a member of the Public Safety Committee, deferred to the Fire Department administration and fire commission to assess whether any individual circumstance would affect a person’s ability to be a first responder.

"I think everybody who shows the ability and the potential to be a first responder should be allowed to test and given the opportunity to compete," he said.

Wayne Ricks, president of the New Haven Firebird Society, a fraternal group for black firefighters, urged caution given the racial tensions created by the 1998 shooting and New Haven’s considerable minority population. Even if Smith’s hiring is a longshot given his spot on the list, Ricks said, the potential causes great concern.

"I hope the chief and the mayor and the commission take a look at this," he said.

From Smith’s perspective, he hopes to be given a chance.

"People are still supportive and they really feel for me. They know I got a raw deal, but in many ways you’ve got to pick up and move on or you can give up," Smith said.

"It’s something I’ll live with for the rest of my life. In some respects, I’m glad it happened, and in other respects I wouldn’t wish it on my worst enemy."