Probe continues into death

Published 10:02 pm Monday, February 8, 2016

Six weeks after the fatal police shooting of a 28-year-old man, the police department continues to conduct criminal and internal affairs investigations into the case, according to a city spokeswoman.

Corey Jason Achstein, of the 200 block of Causey Ave., died on Dec. 28 after being shot by a Suffolk police officer about a block away from Achstein’s home.

“Suffolk Police Department is still conducting both the criminal and internal affairs investigations related to the case,” city spokeswoman Diana Klink wrote in an email requesting an update. “No further information, including body camera video, will be released until after the Commonwealth’s Attorney’s Office has reviewed the case.”

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The information will be turned over to C. Phillips Ferguson’s office once the investigations are complete, she said.

Donna Price, the office administrator at the Office of the Chief Medical Examiner in Norfolk, said the cause of Achstein’s death was a gunshot wound to the torso, and the manner of death is classified as homicide.

Classifying the death as homicide, however, means only that “he was shot by another person,” Price said. It does not mean the shooter will ultimately face a criminal charge.

Price said the office does not release autopsy reports to the media.

WAVY reported on Monday that the autopsy report — which it obtained from the family — shows that Achstein was shot in the right upper back area, and there was an exit wound in the right chest. They also say they have sources that say Achstein was sitting on the ground when he was shot and that multiple other details and stories from the police are in conflict.

Police have released few details regarding the incident.

City spokesman Tim Kelley said the day after the shooting that officers responded to reports of an armed man chasing three juveniles down Causey Avenue around 5:15 p.m. that day.

Officer James Babor, who has been with the Suffolk Police Department for eight years, fired the deadly shot, Kelley said. He arrived about six minutes after the initial call.

Both he and Officer Cheryl Abrigo, a veteran police officer with 12 years experience who also responded to the scene, are on paid administrative leave pending the outcomes of the investigations.

The officers spotted Achstein holding a firearm near the intersection of Causey and Virginia avenues on Monday and ordered him to drop to the ground. Babor fired his weapon because of “the suspect’s actions and concern for safety,” according to a press release from the day after the shooting.

A weapon recovered near Achstein’s body turned out to be a “realistic style pneumatic BB gun,” the press release stated.

A neighbor told media she saw Achstein threatening and yelling at the teenagers and saw him point the weapon.

Family members said the behavior was out of character for Achstein.

“This is a real shock for us,” Bill Walker, his uncle, said the day after the shooting. “He’s never been a violent or confrontational person and he’s never held a grudge. If he got mad at a friend, he would be over it two days later.”