Attorney General Sues Harford Sheriff Over Deputy Shooting Probe

HARFORD COUNTY, MD — Maryland Attorney General Brian Frosh filed a lawsuit Monday against Harford County Sheriff Jeffrey Gahler, stating the Harford County Sheriff’s Office was "interfering" with his agency's investigation into a deadly deputy-involved shooting.

John Raymond Fauver, 53, of Whiteford, died at a hospital after being shot by deputies outside a shopping center on Rock Spring Road on Saturday, April 23. Officers in Harford County were alerted about a suicidal person who may have a long gun around 2:45 p.m., officials said. An hour later, deputies encountered Fauver, who ultimately was shot and later died.

"Investigators have worked tirelessly since the incident occurred to thoroughly investigate the shooting and the events leading up to the moment deputies discharged their firearms," the Harford County Sheriff's Office said in a statement.

The Maryland attorney general's office was called to investigate the death in accordance with a state law passed in October 2021 mandating it handle all police-involved fatalities.

After the sheriff's office notified the Independent Investigations Division about the deputy-involved shooting on Saturday afternoon, Frosh said state personnel were at the scene by 5:31 p.m. He said they were not allowed to collect evidence.

“The Sheriff’s Office is interfering with the Division’s investigation in this case," Frosh said in a statement Monday. "This interference with an independent investigation is in violation of the law. The people of Maryland deserve better, and we will fight to see that they get it.”

Frosh released documents Monday outlining that he is suing the Harford County Sheriff’s Office for taking the lead on the investigation into the death of Fauver, and he provided documents showing Gahler has been at odds with his office since 2021 about the state law.

At the heart of the dispute is who has primary authority over the investigation. The law says that each agency "shall cooperate" with the state's independent investigations division.

As of Monday afternoon, Frosh said that his investigators have not been given access to evidence from the scene, an allegation that the sheriff's office denied.

"We continue to work in conjunction [with] the MD Attorney General’s Independent Investigative Unit (IIU) and investigators from the Maryland State Police (MSP), in accordance with Maryland law and HCSO policy," the Harford County Sheriff's Office said in a statement. "In the spirit of full cooperation, they continue to have complete and unfettered access to view any footage or evidence they need as we move forward. We are committed to a fair and transparent investigation and will continue to update citizens as the investigation unfolds."

The state has to request in writing its desire to access the evidence and can only watch video from the crime scene with Harford County Sheriff's Office personnel present, according to Frosh, who is asking the court to order the sheriff's office to provide electronic copies of the video.

"Since the initial response, the IIU and MSP investigators have had the opportunity and access to review all footage and they have viewed footage along with HCSO personnel," the sheriff's office said in a statement.

Both officers who fired their weapons were wearing body cameras and vehicles at the scene had their cameras on as well, according to the sheriff's office.

"Many citizens have inquired about releasing body camera footage. Please understand that many hours of footage exist, and, in order to not bias or influence the investigation, a full review must occur before we can share any evidence with the public," the sheriff's office said in a statement. "It is our full intention, that at the conclusion of the investigation, the public will be able to view the footage. We thank you for your patience."

Frosh said in his suit that he is seeking "a declaration that the Independent Investigations Division is to have primary responsibility over any investigation into a police-involved civilian death."

See Also:

• Man Killed By Deputies Identified: Harford County Sheriff
• 2 Officers Identified In Forest Hill Shooting: Harford County Sheriff
• Man Killed In Forest Hill Encounter With Deputies

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