By Craig Anderson

WILMINGTON — With legitimate concern for protecting themselves and others, three law enforcement officers were justified in using deadly force against a wanted Pennsylvania man who was fatally shot during a parking lot confrontation in Rehoboth Beach late last year.

That was the determination of the Delaware Department of Justice’s Division of Civil Rights and Public Trust, which, on Friday, released its investigative findings into the death of Evelio R. Rivera, 37, of Reading, during a shootout with law enforcement.

Mr. Rivera was pronounced dead at the scene Dec. 10, after an exchange of gunfire at the Econo Lodge Inn & Suites parking lot at 19540 Coastal Highway at approximately 7:47 p.m.

After reviewing the circumstances in their totality, DOJ investigators found that the response of Milford police Senior Cpl. Timothy Webb, Delaware State Police Cpl. Joshua DiGiacomo and Probation Officer George Ramsburg, members of the U.S. Marshals Service Task Force seeking to apprehend Mr. Rivera, was justified.

The report noted that Cpl. Webb suffered five gunshot wounds — with another bullet striking his vest — during the exchange but “continues to improve and is progressing nicely,” according to Milford police spokesman Sgt. Robert Masten on Friday.


According to the report, “Rivera’s danger to the public and the police was well known. He was a fugitive with a substantial history of violence and he was wanted for attempted murder.”

Also, the DCRPT found that “the USMS Task Force took on the responsibility of securing Rivera’s arrest. During their attempt to lawfully take Rivera into custody, Rivera shot at the officers. He fired the same handgun, multiple times, that he had used in his earlier attempted murder, and he caused serious, life-threatening injuries to Cpl. Webb.

“Under the circumstances, the Task Force officers’ use of deadly force in response to Rivera’s shooting was justified and necessary to protect themselves and others.”

There was no reckless or negligent behavior shown by the task force members when deciding to use immediate force, since “Rivera had a history of violence, was a parole absconder and a fugitive from an attempted murder case — and he fired repeatedly at the police who were trying to bring him to justice.

“The Task Force officers were not reckless or negligent in forming the belief that return fire was immediately necessary.”

Sgt. Masten declined comment on the findings of the report.

The DOJ said its DCRPT “reviewed evidence consisting of interviews of civilian witnesses, interviews of police witnesses, scene photos, surveillance footage, police reports, medical records, the autopsy report, and the ballistics report.

“Attorneys with DCRPT reviewed this use of force incident for the Department of Justice.”