Police shooting of New Bedford suspect was justified, DA says

District Attorney Timothy J. Cruz’s office issued a report yesterday ruling that the Nov. 5, 2009, shooting of Thomas Garnett by two members of a State Police Special Tactical Operations team was in response to shots fired by Garnett, a reputed drug dealer whose home was being raided that day by a joint State Police and Drug Enforcement Administration task force.

“The two state troopers involved had probable cause to believe that [Garnett] not only posed a threat of serious physical harm to themselves and others present, but, further. that he posed an immediate deadly threat,’’ the report said.

STOP team troopers executing an early morning search warrant on Garnett’s Shawmut Avenue apartment were told that Garnett, 32, was believed to be selling heroin and was known to possess several guns, the report said.

Garnett refused to open the door for police, who forced their way inside. Garnett reached for a handgun and fired six shots, striking two police officers in their body armor, the report said.

Police responded, firing several shots from their M-4 rifles, hitting Garnett 12 times. He died at the scene.

Six 9mm casings were found near his body, and a gunshot residue test confirmed Garnett had fired his gun, Cruz’s office said. Garnett did not have a license to carry firearms.

Garnett’s girlfriend, Lila Perry, and the couple’s disabled 6-year-old son were in the apartment, but were unharmed.

The report said police discovered an undisclosed amount of heroin, three more firearms, and three different calibers of bullets.

Cruz’s office investigated the shooting because some of the troopers involved were attached to Bristol District Attorney C. Samuel Sutter’s office, which covers New Bedford. Sutter told reporters on the day of the shooting that he felt it was inappropriate to investigate his own operation and troopers.

John M. Guilfoil can be reached at jguilfoil@globe.com.