In the waning days of 2015, a confrontation in a Suffolk, Virginia neighborhood ended in the death of 28-year-old Corey Achstein. On the evening of December 28th, Suffolk Police responded to multiple calls about a white male chasing three juveniles with a gun in the 300 block of Causey Avenue. The man, identified as Corey Jason Achstein, was reportedly threatening to kill the youths.
The first officer to arrive on the scene encountered Achstein. A second officer arrived shortly after.
Police stated that based on Achstein's actions and for safety reasons, one of the officers fired a single shot, striking him. A handgun was recovered near Achstein. He was given emergency medical treatment and transported to Sentara Norfolk General Hospital, where he later died from his injuries. The investigation later revealed that the weapon Achstein was carrying was a realistic-looking pneumatic BB gun.
The two officers involved in the incident were identified as Officer James Babor, an eight-year veteran of the department, and Officer Cheryl Abrigo, who had served for twelve years. Both were placed on administrative leave while a criminal and internal affairs investigation was conducted. It was confirmed that Officer Babor was the one who fired the fatal shot. This was reportedly the second fatal shooting Officer Babor had been involved in, with a 2010 incident having been deemed justified.
In May of the following year, prosecutors determined that Officer Babor was justified in the shooting of Corey Achstein and no charges were filed against him. In response to this decision, Achstein's mother filed an $8 million wrongful death lawsuit against Officer Babor in October 2016. The lawsuit contended that the use of deadly force was unnecessary and that nonlethal means were not attempted before the fatal shot was fired.
