The following news item is printed in its entirety as it appeared in the New Haven Register,
October 25, 2006:

Gun owner avoids jail as wounded cop forgives
October 25, 2006 - New Haven Register
By Phil Helsel, Register Staff

NEW HAVEN — When New Haven police Officer Robert Fumiatti came to Superior Court Tuesday morning, he was planning to ask a judge to send Michael Rice to prison for initiating a chain of events resulting in Fumiatti being shot in the face.

But after he finally met Rice in a closed room, at Rice’s request, and saw he was genuinely apologetic, Fumiatti changed his mind.

Shortly afterward in the courtroom, Fumiatti stood and told Judge Richard Damiani, "When I came here today, I was thinking, ‘I’m gonna ask for jail time because of what I suffered through.’ But the man is sincere in his apology. Probation is fine with me, your honor."

"I have a bullet in my neck, and I have a pacemaker to keep my heart going," Fumiatti said. "But he (Rice) was man enough to stand up (and apologize). He’s got kids."

Fumiatti, who was wearing his police uniform, has returned to his job, but was out of work for 18 months.

After Rice apologized during the sentencing hearing, Damiani told him, "If Officer Fumiatti wanted you to go to jail, I’d put you in jail. This is a tragedy that never should have happened."

Rice, now 41, pleaded guilty in February 2004 to one count of illegal transfer of a gun. He had faced up to five years in prison.

Following Fumiatti’s recommendation, Damiani imposed a five-year sentence, but with the prison time suspended. Rice walked out of court a free man, needing only to serve five years of probation.

According to police and court documents, Rice, a Milford resident, was addicted to crack cocaine in December 2001 when he gave Gary Mills of New Haven a .38-caliber revolver in exchange for cocaine.

In February 2002, Mills transferred the gun to Arnold Bell, also of New Haven. Four months later, on June 13, Bell used the gun to shoot Fumiatti. He was part of a group of policemen who came upon an apparent drug deal near Washington Avenue. When Fumiatti got out of an unmarked van, Bell shot him.

Rice’s attorney, Glenn Conway, said outside the courtroom Tuesday that Rice was saddened to hear news reports about Fumiatti being shot, but had no idea his gun was used. Conway said Rice learned the truth a few days later when police knocked on his door.

According to Conway, over the past four years, Rice had asked him, "Will I be able to speak with Officer Fumiatti?"

At last the two men met in a room at the courthouse Tuesday morning. Conway, who also attended the meeting, said, "They connected. He accepted Michael’s apology. It was a unique moment."

Speaking of Fumiatti, Conway said, "He’s a big man. I’m knocked out by his generosity of spirit, his compassion for Michael and his capacity to forgive."

Other factors in Rice’s favor, noted in court by Assistant State’s Attorney Kevin Doyle, included his staying drug-free and sober since the crime, cooperating with police in the investigation of the shooting, and testifying against Bell in that trial.

Bell is serving a 47-year sentence. Last week, as testimony was about to begin in Mills’ trial, with Rice as one of the witnesses, Mills pleaded guilty to federal firearms charges. He is scheduled to be sentenced Jan. 5 in U.S. District Court in New Haven.

During the hearing Tuesday, Rice’s brother, William Rice, stood next to his sibling and told Damiani, "I’m very proud of my brother for his ability to work with his addiction. He’s kept himself clean for the past four years."

"But I’m more proud of him as a father," he added, struggling to compose himself as his brother wiped away his own tears. "When he’s with his four kids, you can see the love in his eyes."

Noting his brother is the sole support of those kids, William Rice said, "They need their father and he needs to be with them." (Michael Rice is engaged to be married.)

When Michael Rice spoke, he began by thanking Fumiatti. "I’ve expressed to Officer Fumiatti how sorry I am and how words can’t describe it.

"I’ve learned since being sober that I am accountable for my actions," Rice said. "One thing I’ve learned is you can’t go wrong if you tell the truth and face up to your actions.

"I can’t change the past," Rice added. "This will be a part of my life forever, as it will for Officer Fumiatti. I’m truly sorry."

When he handed down the sentence, Damiani sternly told Rice, "You’re a very lucky man. But there is zero tolerance. One slip, one violation of probation ... you’ll go to jail. You have to walk the straight and narrow, right down the line."