Boston Cop Shooter Gets Probation!!!

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I'm sure if it was me who shot a Boston cop at close range and fled the scene, I'd be given a mere three years probation too.

Nope.

No double standards here.

OFFICER PLEADS GUILTY TO OFF-DUTY SHOOTING

April 23, 2007

A Boston Police Officer was sentenced to probation today after admitting to discharging his department-issued firearm and injuring a fellow officer last summer while both men were off-duty.

Officer PAUL DURKIN, 50, had been scheduled for trial later this week on a single count of assault and battery with a dangerous weapon in connection with the June 22 incident, which injured Officer Joseph Behnke. Suffolk Superior Court Judge Janet L. Sanders sentenced Durkin to three years of probation and ordered that he undergo evaluation for alcohol abuse.

Had the case proceeded to trial, witnesses would have testified that Behnke and Durkin were outside Behnke's West Roxbury home sometime after 3:00 a.m. when they became engaged in a dispute over whether Durkin was sober enough to drive himself home. During the course of this dispute, the evidence would have shown, Durkin drew his service weapon, a .40-caliber Glock semiautomatic, and fired once. That shot struck Behnke in the left hip, injuring him.

Following the incident, Durkin walked away from the scene and called a friend on his cell phone. That friend, who knew nothing of the shooting, picked Durkin up and let him sleep at his home. Behnke, meanwhile, walked into his home and received assistance from his wife. He was subsequently transported by ambulance to an area hospital, from which he was released later that morning.

The incident was investigated by Boston Police detectives assigned to the Firearm Discharge Investigation Team, which examines all police-involved shootings. Suffolk prosecutors led a grand jury investigation into the night's events, leading to Durkin's indictment on Sept. 28.

Durkin was represented by attorney George Murphy.

More background and commentary:

June 23, 2006: Nothing New Here, Pop Quiz: Compare and Contrast Edition

June 24, 2006: Yeah, Here's a Shocker

July 19, 2006: Could "Justice For All" Be On Its Way?

October 02, 2006: Important Update

I'll have a new post up in the morning as well. Some unanswered questions from the press release that Conley's office needs to answer.

1. To what specific charge did Mr. Durkin plead guilty.
2. Was it a misedemeanor or a felony charge?
3. What is the maximum allowable prison sentence, per existing Massachusetts General Law, for the charge to which he admitted guilt?
4. As a result of this guilty plea, is Mr. Durkin now ineligible to hold a License to Carry a Firearm, per the conditions called out in M.G.L. Chapter 140?
5. Under current state law, will Mr. Durkin be eligible for reinstatement as a Boston police officer, at the conclusion of his probationary period and/or any related alcohol treatment program?

If it turns out he was allowed to plead guilty to misdemeanor assault, disturbing the peace, or some other trumped up "save his own ass" charge, in order to keep his gun license and his job, Conley needs to be removed from office.

Forcibly.

Before breakfast.
 
Wow [shocked] , pretty sure most of us would be doing time for this, it will be interesting to see what other details emerge.
 
You've gotta wonder how the other officers he serves with (is he still a cop?) will handle the situation.
 
In the permit world and gun world in mass its all about who you know!!! Getting your permit keeping it is all up to what big shot you know in your city or town or in the state.
 
You've gotta wonder how the other officers he serves with (is he still a cop?) will handle the situation.
He's off the force now. Wasn't clear to me from the Globe article whether or not he'll be able to keep his pension.
 
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