Chesterfield, VA: Chesterfield man killed by police had purchased gun on same day

Published: September 15, 2009

A man fatally shot by Chesterfield County police after he opened fire on SWAT team members two weeks ago had purchased a revolver earlier that same day, state firearms transaction records show.

Brett Michael Rivers, 36, received instant approval to purchase the weapon Aug. 31 at Green Top Sporting Goods in Hanover County after an electronic background check, according to the record of the transaction. On the form, Rivers answered "no" to the three questions that would have barred him from buying the gun.

He said he had never been convicted of felony, was not the subject of a court order restraining him from harassing, stalking or threatening a child or intimate partner, and had never been legally declared mentally incapacitated or involuntary committed to a psychiatric facility.

Police confirmed today that Rivers later brandished that same gun at his former girlfriend at The Park at Salisbury apartments in Midlothian, where she worked and where Rivers lived. That confrontation shortly after 6 p.m. led to an hours-long standoff that ended with police fatally wounding Rivers after he emerged from his apartment and fired several shots at SWAT team members.

Police tried negotiating with Rivers, a Microsoft Corp. employee, for about 2 ½ hours.

Chesterfield police Capt. Terry Patterson said the initial confrontation between Rivers and his former girlfriend was related to their recent breakup. Patterson also confirmed that Rivers had expressed suicidal sentiments and that he may have been impaired by alcohol.

Rivers made similar suggestions during negotiations with police, Patterson said.

Police are awaiting the results of toxicology tests to determine whether Rivers was intoxicated. But Patterson said there was evidence "that would lead us to believe that alcohol was involved."

Chesterfield police are wrapping up their investigation of the incident and have conferred with the Chesterfield Commonwealth's Attorney's Office. It wasn't immediately clear whether the shooting would be taken before a multijursdictional grand jury for review, as was done in the April 25 fatal shooting of a mentally ill man who attacked officers after beating his father. The grand jury ruled that shooting justifiable.

Rivers' former girlfriend couldn't be located for comment.

-- Mark Bowes