Bristol County DA Office releases photos, evidence, conclusion into Fall River shooting death of Anthony Harden

The Bristol County District Attorney’s Office has released evidence and the conclusion into the shooting death of Anthony Harden in Fall River.

The report begins with a summary of the incident that led to Harden’s death and goes into detail concerning the incident that led to Harden’s house arrest prior to the shooting.

“The investigation revealed that Anthony Harden previously engaged in acts that are relevant to determining the first aggressor in the incident that led to his death. These acts are relevant to the issues of self-defense and defense of another. At the time of his death, Anthony Harden was a 30-year-old resident of Fall River. During the time leading up to his death, Mr. Harden resided in an apartment at 120 Melville Street with his twin brother and a third person who is the owner of the building.

“At the time of his death, Mr. Harden was on a GPS bracelet and confined to his home by court order. This was the result of pending charges involving a physical assault on his wife from November of 2019 in the Fall River District Court. In that case, Fall River Police responded to St. Anne’s Hospital in Fall River and spoke with Mr. Harden’s wife. Mr. Harden’s wife told police that Mr. Harden punched, slapped and strangled her during a dispute. She further told police that Mr. Harden took her phone, accused her of cheating, and threatened her with a knife. Police observed and photographed the following injuries on Mr. Harden’s wife: a swollen and bruised right eye; bruising and scratch marks on her neck, chest and arms; and bruising on her inner thigh areas. The injuries observed on Mr. Harden’s wife’s face and body were consistent with her description of the assault that Mr. Harden inflicted on her. As a result of this assault, Mr. Harden’s wife sought and was granted a restraining order.”

Fall River Reporter observed the photos which contained various black and blue bruising marks and scratches consistent with an assault.

“After taking the complaint from his wife, police responded to Mr. Harden’s residence. When police knocked at the front door of his home, Mr. Harden opened the door. After the door was opened, police observed Mr. Harden screaming while holding his then five-month-old daughter and a small sword. When police observed this behavior, his possession of a weapon, and the infant child, the police backed away from the door. Mr. Harden then closed and locked the door, requiring the police officers to make a forced entry into the apartment. After police gained entry into the apartment and made repeated commands to Mr. Harden to drop the sword, Mr. Harden eventually dropped the sword. Although he no longer had the sword, Mr. Harden refused to put the infant down and comply with police requests. During this time, Mr. Harden repeatedly threatened the police with “squeezing [the infant] to death” if the police tried to “rush” him.”

“During this time, Mr. Harden also made several statements about committing suicide. Mr. Harden selectively recorded his exchange with police. In one recording, Mr. Harden is holding his daughter while saying, “These are some cool cops, but they’re going to have to kill a n***** today or meet my demands because I’m not giving in…” After three and a half hours of a standoff, Mr. Harden eventually agreed to hand his child to a police officer and he was taken into custody.”

The Bristol County DA made the recordings available.

“As a result of these incidents, Mr. Harden was charged with domestic violence offenses and reckless endangerment of a child. After a dangerousness hearing in the Fall River District Court, a judge released Mr. Harden on a GPS bracelet and ordered him confined to his home. That home was 120 Melville Street where Mr. Harden resided at the time of his death. This criminal case was scheduled for trial in December of 2021. During the pendency of this case, Mr. Harden was found in violation of his terms and conditions of release by communicating threats to his wife.

“Mr. Harden’s girlfriend told investigators that she believed he had mental health issues. To her knowledge, Mr. Harden was not being treated. Mr. Harden’s brother believed that Mr. Harden was diagnosed with ADHD and did not believe him to be on any medication. Other family members indicated that Mr. Harden was actively seeking mental health treatment but was not currently receiving services or on any medication.”

The report then went on to document what took place prior and what led up to, the shooting death of Harden.

“On Monday, November 22, 2021, Mr. Harden’s girlfriend was interviewed by investigators. Mr. Harden’s girlfriend described that an incident occurred two days prior, November 20th, at Mr. Harden’s apartment. She told investigators that Mr. Harden accused her of cheating, knocked her to the bed and struck her in the face with a painted wooden stick. At some point, she was able to free herself. She grabbed her keys and exited the apartment. At this point, she realized that she did not have her phone and yelled at Mr. Harden to give it back to her. Instead of giving her phone to her, Mr. Harden responded by throwing a potted plant at the woman which smashed on the ground. Mr. Harden’s girlfriend left his apartment but she did not report the matter to police at that time.

“On November 21st, Mr. Harden’s girlfriend returned to his apartment to retrieve some of her personal items, including her phone. Mr. Harden provided her with some of her personal items, but he did not return her phone. She eventually left without her phone. The following day, November 22nd, she again went to Mr. Harden’s apartment for the purpose of retrieving her phone. She remained outside of his apartment. Mr. Harden gave her the phone back. When she received the phone back, she noticed that it was wet. She noted that it smelled of acetone, and contained markings such as Mr. Harden’s name. During this encounter, Mr. Harden told his girlfriend “if (she) calls the police (he) will die.” This statement was also made to her the day before. She described that after she left Mr. Harden’s house with her phone, Mr. Harden called her repeatedly on her phone.

“Mr. Harden’s girlfriend believed that on November 22nd and potentially on November 21st, Mr. Harden recorded their encounter(s). She believes that Mr. Harden did this to show that she was crazy because she was yelling at him. Mr. Harden’s brother told police that he saw a recording on Mr. Harden’s phone that showed Mr. Harden’s girlfriend “yelling stuff.”

“After Mr. Harden’s girlfriend drove home, she discussed the matter with her sister and decided to call the police. She indicated that two Fall River Police officers – a male and female- responded to 130 Lowell Street after she called the police station. Mr. Harden’s girlfriend told the police officers what occurred two days prior and the police officers photographed her injuries. When asked if Mr. Harden had any weapons, Mr. Harden’s girlfriend told the police no, but that Mr. Harden could use anything as a weapon.”

The DA provided photos of the girlfriend which were consistent with an assault.

“After receiving the complaint from Mr. Harden’s girlfriend and documenting her injuries, the two Fall River police officers made their way to 120 Melville Street to arrest Mr. Harden. At 6:05:29 PM, the male officer radioed that he and the female officer were heading to 120 Melville Street. Prior to this date, neither police officer was familiar with Mr. Harden or 120 Melville Street. At 6:14:35 PM, a surveillance camera outside of 120 Melville Street recorded the arrival of the officers. Within seconds of their arrival, the male officer radioed that he and the female officer had arrived at 120 Melville Street. The police officers knocked on the front door of the residence and spoke with the owner of the building. The officers told him the purpose of their visit. The owner secured a dog and let the two police officers into the building. The owner directed the officers to Mr. Harden’s room.

“The police officers made their way to Mr. Harden’s room. It had no door on it. The room was a small, cluttered bedroom with numerous items on a desk/table and the floor. The male police officer knocked on the frame of the door and announced his presence. Mr. Harden was sitting with the small desk/table in front of him. The male police officer told Mr. Harden that he needed to speak with the police. Mr. Harden indicated that he knew why the police were there and that they needed to see a cell phone video. The male police officer again asked Mr. Harden to step outside and talk with him. Mr. Harden responded that he was charging his bracelet and that he was not coming with the police. The male police officer saw that Mr. Harden’s emotional state was escalating and he believed that Mr. Harden was not willing to cooperate with the officers. The male officer told Mr. Harden that he was going to be placed under arrest and the male officer began to undo the button on his belt to release his handcuffs. While this conversation was occurring, both police officers were inside Mr. Harden’s room standing against a wall by his doorway. The male officer was approximately 4 and a half to 6 feet away from Mr. Harden. The female officer was standing to right of the male officer.

“At this point, Mr. Harden reached toward the desk/table and grabbed an item with his right hand. The male police officer did not see what Mr. Harden grabbed. The female police officer saw that the item was metallic and pointed. She believed that it was a knife. After grabbing this item, Mr. Harden turned his body toward the male officer, sprang to his feet and quickly moved towards the male police officer. Both officers described that Mr. Harden raised his right hand above his head and came down at the male police officer’s head and neck area. The male police officer was able to thwart Mr. Harden’s blow with his left forearm. The male police officer attempted to punch and push Mr. Harden with his right hand to stop the attack. These attempts were unsuccessful.

“Mr. Harden repeatedly attempted to stab the male police officer in the neck and head area with what was now confirmed to be a knife. The male police officer described Mr. Harden as being on top of him when this occurred, and that he was pinned against the wall. The male police officer indicated that he was not able to gain solid footing because of clutter under his feet spreading all the way to the wall. As a result, the male police officer had no leverage and his upper body remained pinned against the wall while he was defending himself. The male police officer stated that he used his left forearm to block Mr. Harden’s right hand from connecting with his head and neck during the numerous blows. Both officers believed Mr. Harden was going to kill the male police officer.

“As a result of observing Mr. Harden assaulting the male police officer, the female officer fired two shots from her service weapon. After being shot, Mr. Harden turned and looked at the female officer and fell over. At 6:17:08 pm, less than three minutes after his arrival at 120 Melville Street, the male officer put out a radio call for shots fired and officer in need of assistance. At 6:17:20 pm, the patrol sergeant radioed that all units are directed to 120 Melville Street and to keep the radio channel clear. While the Sergeant was on the radio, the channel was not accessible to other officers. At 6:17:30 pm, the male officer called over the radio for an ambulance.

“At 6:18:49 pm, two police officers sent a message over the radio that they arrived at 120 Melville Street. At 6:19:02 pm, the female officer at 120 Melville Street sent a message over the radio that there was another male upstairs. At 6:19:09 pm, surveillance video showed additional officers arriving to 120 Melville Street.

“The first Fall River Officer to arrive at 120 Melville Street after report of shots fired was a Sergeant who found the two initial officers with their weapons drawn and pointed in the direction of the bedroom. The male officer told the Sergeant, “That guy just tried to kill me with a knife!” The Sergeant drew his weapon, entered the bedroom and observed Mr. Harden laying on the floor just inside the doorway. The Sergeant observed Mr. Harden laying on his belly, groaning and still moving his hands. The Sergeant told Mr. Harden to stop moving his hands. He attempted to secure Mr. Harden in handcuffs with the assistance of an officer that had just arrived. While the police officers attempted to put handcuffs on him, Mr. Harden attempted to pull his hands away from the Sergeant and tuck his hands under his body. Ultimately, Mr. Harden was handcuffed and the Sergeant called for someone to grab a medical bag and render aid.

“Fall River Officers began arriving quickly at 120 Melville Street. These officers tended to Mr. Harden and also cleared the other rooms in the house. The owner of the home was found upstairs and Mr. Harden’s brother was found in a nearby bedroom.

“At 6:22:40 pm, Fall River Emergency Medical Services (EMS) arrived at 120 Melville Street and began treating Mr. Harden at approximately 6:25 pm. Fall River EMS personnel reported finding Mr. Harden “handcuffed on floor laying supine, alert, airway open clear and secure, palpable carotid pulses, c/o shortness of breath.” At the EMS request, Mr. Harden was uncuffed and two “penetrating holes” were observed on Mr. Harden’s “lower chest/flank area…” Two Fall River Police Officers assisted EMS in moving Mr. Harden to a backboard. While doing so, one of the Officer’s located a stainless-steel knife with a black handle next to Mr. Harden’s body. This Officer removed the knife from the ground and placed it on the desk in the bedroom . The other Officer who assisted in moving Mr. Harden also observed the knife after it was removed.

“A chest needle decompression on Mr. Harden’s left side was initially “unsuccessful due to the patient being combative and swatting EMS hand.” A second attempt was successful. Initially, EMS began to transport Mr. Harden to Rhode Island Hospital, but they were rerouted to St. Anne’s Hospital when Mr. Harden’s condition worsened. At St. Anne’s Hospital, life-saving measures were unsuccessful. At 6:51 pm, Mr. Harden was pronounced dead.

“During a subsequent recorded interview of Mr. Harden’s brother, the brother said he was in his bedroom with a dog when Mr. Harden encountered the police. The brother heard the landlord say that the police were here. The brother then described hearing some words spoken between Mr. Harden and police. Mr. Harden’s brother heard Mr. Harden say he wanted to show the police the video he recorded of his girlfriend. At some point, Mr. Harden’s brother heard a man say “Stop Resisting,” some scuffling noises and then two pop noises. During a subsequent interview of the landlord, the landlord indicated that after he let the police into the home, he went upstairs to his bedroom. A short time later he heard a commotion and three gun shots.

“During a subsequent search of Mr. Harden’s residence investigators recovered two spent shell casings, consistent with the two shots being fired from the female officer. In addition, investigators recovered a steak knife from the bedroom desk. The location was consistent with where the Officer indicated the knife was placed after it was removed from where it was seen next to Mr. Harden. A brass backing of a pin was recovered from Mr. Harden’s room. This backing was consistent with one that belonged to the male officer’s uniform as described in the next section. Lastly, a painted stick was observed near Mr. Harden’s bed that appeared to consistent with what Mr. Harden’s girlfriend said Mr. Harden used to strike her.”

The report then issued the findings from the medical examiner.

“On November 23, 2021, Dr. Nikki Mourtzinos, performed an autopsy of Mr. Harden at the Cape Cod Office of the Chief Medical Examiner. On February 28, 2022, the Office of the Chief Medical Examiner issued a report documenting Dr. Mourtzinos’s examination of Mr. Harden, Dr. Mourtzinos’s conclusions, and a postmortem toxicology report. In her conclusions, Dr. Mourtzinos determined that Mr. Harden died from two gunshot wounds to his left torso and that there was “no evidence of close range fire.”

“Dr. Mourtzinos described gunshot wound “A” as being located on the “left upper outer chest,” 20 inches below the top of Mr. Harden’s head and 8 inches left of the anterior midline. Dr. Mourtzinos tracked the path of travel of the bullet from wound “A” to “anterior abdomen where an incomplete exit wound is located 22 ½ inches below the top of the head and ¼ inch right of the anterior midline.” Dr. Mourtzinos described the exit wound as an “incomplete exit wound consist[ing] of two defects…” Dr. Mourtzinos recovered a “deformed jacketed bullet” under “the incomplete exit wound.” Doctor Mourtzinos determined the bullet’s path of travel from wound “A” to be “back to front, left to right, and downward.”

“Dr. Mourtzinos described gunshot wound “B” as being located on the “left mid outer chest.” 21 ½ inches below the top of the head and 8 ½ inches left of the anterior midline. Dr. Mourtzinos tracked the path of travel of the bullet from wound “B” to an “incomplete exit wound…located 24 ¼ inches below the top of the head and 9 1/8 inches right of the anterior midline…” Dr. Mourtzinos described this area as an “incomplete exit wound consist[ing] of two defects…” Dr. Mourtzinos recovered a “deformed jacketed bullet” from the incomplete exit wound. Doctor Mourtzinos determined the bullet’s path of travel from wound “B” to be “slightly front to back, left to right, and downward.”

“Dr. Mourtzinos determined the manner of death to be “gunshot wounds of the torso.”

The report also reaffirmed that the female officer who shot Harden did not have a taser.

The conclusion of the report states that the shooting was justified.

“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.”