LEONARDTOWN, Md. – In a case that has garnered significant public attention, Trooper First Class (TFC) Joseph Charles Azzari Jr. is facing renewed legal scrutiny for his involvement in the tragic shooting of 16-year-old Peyton Alexander Ham. The incident, which occurred on April 13, 2021, at Ham’s residence on Hollywood Road, Leonardtown, Maryland, has led to extensive legal battles, raising questions about police conduct and the use of force.
The Incident
On April 13, 2021, TFC Azzari responded to a 911 call reporting a “suspicious man with a gun” at 23260 Hollywood Road. Upon arrival, TFC Azzari encountered Peyton Ham, who appeared to be holding a handgun. According to court documents, TFC Azzari ordered Ham to drop the weapon, but Ham allegedly pointed the gun at him. In response, TFC Azzari fired his service weapon, striking Ham. The gun, later identified as a realistic-looking airsoft gun, fell from Ham’s hand.
As TFC Azzari approached to provide aid, Ham reportedly brandished a knife and moved towards Azzari, stating, “I want to die.” TFC Azzari fired again, resulting in Ham’s death. The second shooting has been a focal point of the controversy, with claims that TFC Azzari’s actions were excessive and unnecessary.
Court Battles and Appeals
The case, filed on April 12, 2022, by Kristee Ann Boyle, the mother of Peyton Ham, and the personal representative of his estate, alleges that TFC Azzari used excessive force in violation of Ham’s constitutional rights. Initial court proceedings saw Judge George Hazel of the U.S. District Court for the District of Maryland ruling in favor of Azzari. Judge Hazel’s summary judgment, delivered in January 2023, stated that it was “not material” whether Ham posed an actual threat, as Azzari’s belief in the threat was sufficient to justify his actions.
Boyle’s legal team, led by attorney Christopher Longmore, appealed the decision, arguing that they were wrongfully deprived of key records, including the autopsy report and Azzari’s training records. During the May 2024 hearing in Richmond, Virginia, Maryland Assistant Attorney General Phillip Pickus defended Azzari, citing the “qualified immunity” clause that protects law enforcement officers who believe they are in danger.
Appeals Court Ruling
On July 9. 2024, the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia, overturned the lower court’s ruling. The appeals court, in a 2-1 decision, ordered that the case be sent back to the U.S. District Court in Maryland for further proceedings, including the long-denied discovery process. This decision allows Boyle and her legal team to access crucial evidence and depose Azzari under oath, potentially bringing new facts to light.
Judge Roger Gregory, writing for the majority, emphasized that summary judgment should only be granted after adequate time for discovery, a process that Boyle’s team was denied. The dissenting opinion, authored by Judge David A. Faber, upheld the view that Azzari’s belief in the threat justified his use of deadly force, highlighting the challenges plaintiffs face in civil suits against police officers.
Witness Accounts and Public Reaction
Eyewitnesses have provided conflicting accounts of the shooting. Some neighbors, including Michelle Mills, have stated that Ham was on his knees and posed no threat when Azzari fired the fatal shots. No video evidence exists, as Azzari was not wearing a body camera and did not activate his vehicle’s dashcam.
The initial investigation, conducted by Azzari’s colleagues within the Maryland State Police, labeled Azzari as “the victim,” and St. Mary’s County prosecutor Richard Fritz cited this report to close the case without charges. The lack of an independent investigation at the time has been a point of contention, given that new state laws requiring such cases to be handled by an independent unit were not in effect until months after Ham’s death.
Moving Forward
Boyle expressed her relief at the appeals court’s decision, stating that it represents a crucial step towards justice for Peyton. She hopes that the case will set a precedent for others affected by similar incidents. The case will now proceed with discovery, and new hearing dates will be set as Boyle’s legal team prepares to present their case once again.
The Prince George’s County Police Department emphasized the importance of this case in their ongoing efforts to scrutinize police conduct and ensure accountability. Further updates will be provided as the case proceeds.
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