The Delaware Department of Justice has concluded that a New Castle County Police officer was legally justified when he opened fire on a gunman who had just fired at him during a 2023 murder-suicide investigation in Newark.
The DOJ’s Division of Civil Rights and Public Trust issued its final report following an investigation into Patrolman Cody Durham’s use of deadly force against Matthew Beblo. Investigators reviewed body-worn camera footage, witness and police interviews, photographs, forensic and ballistic evidence, and medical records.
According to the report, the incident began on September 21, 2023, when Beblo shot his estranged wife, Petya Novakova, and her boyfriend, Joseph Tilghman, inside a home at 16 Leader Drive in Newark. Novakova was killed. Tilghman, who had been shot in the leg, escaped to another room and called 911, telling dispatchers that Beblo remained inside the home.
New Castle County Police officers responded to the home for a shooting in progress. Durham was among the first officers to arrive and approached a lower-level bedroom window while carrying a ballistic shield.
Police repeatedly ordered the occupants to come outside, but no one exited. As Durham approached the bedroom window, he saw Beblo look through the blinds while holding what appeared to be a handgun.
According to the DOJ, Beblo then fired a shot at Durham. The bullet shattered the bedroom window but missed the officer. Durham immediately returned fire while retreating, firing five rounds in approximately 1.3 seconds. Beblo was struck in the arm and torso.
Body-worn camera footage reviewed by investigators showed Durham approaching the window behind the ballistic shield. Durham can be heard saying he could see someone inside the room before a gunshot is heard and Durham returns fire. Ballistic testing also determined that a shell casing from Beblo’s gun was recovered inside the bedroom, while five shell casings from Durham’s firearm were found outside the home.
After the exchange of gunfire, Beblo retreated to a closet inside the home. Officers later entered and found him dead with a firearm still in his hand. An autopsy determined that Beblo died from a self-inflicted gunshot wound to the head. He also suffered gunshot wounds to his arm and torso that investigators said were likely caused by Durham’s gunfire.
Durham told investigators that he initially approached the window because he believed Beblo might be attempting to surrender. He said Beblo pulled back the blind and extended something from his hand before Durham heard gunfire, saw a muzzle flash and saw a projectile pass near his shield.
Durham said he feared that if he did not return fire, Beblo could go back upstairs and kill the second shooting victim or engage officers in a firefight.
Following its review, the Division of Civil Rights and Public Trust determined that body-worn camera evidence confirmed Durham used deadly force only after being fired upon at close range.
The DOJ concluded that Durham reasonably believed deadly force was immediately necessary to protect himself and others and that his actions were justified under Delaware law. The department determined that Durham’s use of deadly force did not constitute a criminal offense.
