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http://bostonherald.com/news/region...l_as_cops_admit_accident/srvc=home&position=1
A stumbling Framingham SWAT officer accidentally fired his rifle and shot a beloved grandpa to death as he lay face-down on the floor of his own home, authorities admitted yesterday, sparking incredulous outrage by the 68-year-old retiree’s family.
“Eurie Stamps’ death was the result of a fundamentally unjustifiable shooting by law enforcement officers who are charged with protecting public safety,” said Anthony Tarricone, a lawyer representing Stamps’ children. “When an innocent man dies this way at the hands of police, there really are no excuses that can satisfactorily explain away such a tragedy.”
Officer Paul Duncan, who fired the fatal shot, did so after he tripped during a search of Stamps’ home, according to a report issued yesterday by Middlesex District Attorney Gerard Leone’s office. Duncan will not face charges.
“The actions of Officer Duncan do not rise to the level of criminal conduct, and the shooting death of Eurie Stamps was an accident,” Leone’s office said.
On Jan. 5, police were searching for Stamps’ stepson, Joseph Bushfan, when they served a warrant on Stamps’ home. Bushfan was arrested outside the home, allegedly carrying crack cocaine and money.
Officers then hit the home, throwing a stun grenade and ordering everyone inside to put their hands up and lie on the floor, the report states. Stamps, a grandfather of 12, had obeyed and was lying in the hallway when Duncan attempted to cuff and frisk him.
“As he stepped to his left, (Duncan) lost his balance and began to fall over backwards,” the report states. “Officer Duncan realized that his right foot was off the floor and the tactical equipment that he was wearing was making his movements very awkward. While falling, Officer Duncan removed his left hand from his rifle, which was pointing down towards the ground and put his left arm out to try and catch himself. As he did so, he heard a shot.”
Framingham Town Counsel Christopher Petrini said Duncan, a former Shrewsbury police officer, had been on the Framingham force for several years and on the SWAT team for more than a year. He will remain on paid leave while the police department conducts its own review of the shooting to determine if he violated any internal procedures, Petrini said.
“I don’t think it’s right,” said Adia Boston, Stamps’ niece by marriage. “I think he should be suspended, at a minimum. There should be job loss, if not jail. That wasn’t an accident. . . . It shouldn’t be an accident if it’s the SWAT team. They’re supposed to be trained.”
Lawyer Joseph Bardouille, who is representing Stamps’ widow, charged the district attorney’s report failed to address serious questions about the circumstances of the shooting and said the family has launched a civil rights investigation.
“One of the purposes of the family’s inquiry is to make sure SWAT officers throughout the commonwealth are trained,” Bardouille said, noting experts have told him an officer’s finger should not be on the trigger unless he is prepared to shoot. “They want to prevent something like this from happening again.”
In the meantime, the loss of the retired MBTA machinist left his kin struggling with grief and anger.
“If (the victim) was anyone else, there would have been consequences,” said Boston. “I don’t think it’s right.”
A stumbling Framingham SWAT officer accidentally fired his rifle and shot a beloved grandpa to death as he lay face-down on the floor of his own home, authorities admitted yesterday, sparking incredulous outrage by the 68-year-old retiree’s family.
“Eurie Stamps’ death was the result of a fundamentally unjustifiable shooting by law enforcement officers who are charged with protecting public safety,” said Anthony Tarricone, a lawyer representing Stamps’ children. “When an innocent man dies this way at the hands of police, there really are no excuses that can satisfactorily explain away such a tragedy.”
Officer Paul Duncan, who fired the fatal shot, did so after he tripped during a search of Stamps’ home, according to a report issued yesterday by Middlesex District Attorney Gerard Leone’s office. Duncan will not face charges.
“The actions of Officer Duncan do not rise to the level of criminal conduct, and the shooting death of Eurie Stamps was an accident,” Leone’s office said.
On Jan. 5, police were searching for Stamps’ stepson, Joseph Bushfan, when they served a warrant on Stamps’ home. Bushfan was arrested outside the home, allegedly carrying crack cocaine and money.
Officers then hit the home, throwing a stun grenade and ordering everyone inside to put their hands up and lie on the floor, the report states. Stamps, a grandfather of 12, had obeyed and was lying in the hallway when Duncan attempted to cuff and frisk him.
“As he stepped to his left, (Duncan) lost his balance and began to fall over backwards,” the report states. “Officer Duncan realized that his right foot was off the floor and the tactical equipment that he was wearing was making his movements very awkward. While falling, Officer Duncan removed his left hand from his rifle, which was pointing down towards the ground and put his left arm out to try and catch himself. As he did so, he heard a shot.”
Framingham Town Counsel Christopher Petrini said Duncan, a former Shrewsbury police officer, had been on the Framingham force for several years and on the SWAT team for more than a year. He will remain on paid leave while the police department conducts its own review of the shooting to determine if he violated any internal procedures, Petrini said.
“I don’t think it’s right,” said Adia Boston, Stamps’ niece by marriage. “I think he should be suspended, at a minimum. There should be job loss, if not jail. That wasn’t an accident. . . . It shouldn’t be an accident if it’s the SWAT team. They’re supposed to be trained.”
Lawyer Joseph Bardouille, who is representing Stamps’ widow, charged the district attorney’s report failed to address serious questions about the circumstances of the shooting and said the family has launched a civil rights investigation.
“One of the purposes of the family’s inquiry is to make sure SWAT officers throughout the commonwealth are trained,” Bardouille said, noting experts have told him an officer’s finger should not be on the trigger unless he is prepared to shoot. “They want to prevent something like this from happening again.”
In the meantime, the loss of the retired MBTA machinist left his kin struggling with grief and anger.
“If (the victim) was anyone else, there would have been consequences,” said Boston. “I don’t think it’s right.”
