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New Haven police officer's promotion after high-profile use-of-force incident draws some criticism

Sgt. Justin Cole was involved in a high-profile case of use-of-force last year.

NEW HAVEN, Conn. — Police officer Justin Cole was among those promoted to the rank of sergeant with the New Haven Police Department on Tuesday night, and not everyone in the community is pleased considering the high-profile incident he was involved in last year.

The incident, inside the Connecticut Financial Center on Jan. 29, 2021, got physical when Shawn Marshall, 52, refused to leave the building he was evicted from. It took three officers, including Cole, to subdue the irate man.

"I started this job January 2, 2013," said officer Cole, introducing himself to the New Haven Board of Police Commissioners on Tuesday. He and six others were promoted to the rank of sergeant.

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Cole punched Marshall in the head man three times after Cole says Marshall kicked him and attempted to do the same to the other two responding officers. This after over an hour of negotiating. 

Cole was cleared seven months later of excessive force. The incident was indirectly referenced Tuesday during his promotion interview.

"I have a question about your familiarity with the new use of force policy. Do you know it," asked Tracey Meares, a member of the NHBOPC, of Cole.

The state now says the use of force is only permitted when it's necessary, not simply justified. New Haven adopted the state policy last month. 

"I think we're just starting to all of us are starting to receive training on it now," was Cole's response.

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But not according to Acting Police Chief Renee Dominguez.

"The New Haven Police Department, at the officer level, everyone has been trained on the new policy and the new guidelines," she said.

And, when Cole could not provide Commissioner Meares with a distinction between justified and necessary, she abstained from voting on his promotion, which was still approved.

"Police officers are held at a different standard and that another level and they're not allowed to lose their patience because it's been an hour and then all a sudden you're punching someone in the head," said Dori Dumas, President of Greater New Haven NAACP.

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Mayor Justin Elicker (D-New Haven) said he has seen the video many times.

"While that incident was unfortunate, we have to look at the whole performance of the officer across many, many different parts of their career," Elicker said.

Cole was cleared of any wrongdoing following a seven-month internal affairs investigation. Marshall has five pending criminal cases, including the one involving Cole. All of the files have been sealed by a judge.

Tony Terzi is a reporter at FOX61 News. He can be reached at tterzi@fox61.com. Follow him on Facebook, Twitter and Instagram.

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