DA rules Plymouth police shooting justified: Probe ends with officers cleared in death of teen
March 10, 2006 | Patriot Ledger
By Tamara Race, Patriot Ledger
PLYMOUTH - Relatives of teen Anthony McGrath who was fatally shot by police after a high-speed chase, said they have a hard time believing the district attorney’s account of what happened. A months-long investigation by State Police detectives cleared police officers Richard Tavares and Edwin Almeida of any wrongdoing in shooting the 16-year-old on Jan. 10, authorities announced yesterday.
Plymouth County District Attorney Timothy Cruz ruled that Tavares, 39, and Almeida, 50, were justified in shooting McGrath based on the State Police investigation that determined the teen ignored repeated orders to stop his vehicle and get out of the car and instead threatened the officers by driving toward them in his red Toyota Camry.
‘‘I don’t believe it was justified at all,’’ said McGrath’s cousin Penny Knochel. ‘‘Knowing Anthony, it wasn’t his intent to harm those officers. ‘‘I think he was just scared and trying to go home because he lived only a block away. I think the police overreacted and made a bad judgement.’’
McGrath’s mother, Denise McGrath, has said previously that she believes her son did nothing to provoke the shooting. She was informed of the investigation’s findings before they were announced yesterday at a press conference, but was not at her home last night and could not be reached for comment.
Her sister, Darlene McGrath, said she believed Denise McGrath spent the afternoon and evening with Anthony’s father at his home on Cape Cod.
State Police investigators determined that Tavares, his gun drawn, stood in front of McGrath’s car on a small side street one block away from a waterfront playground.
Tavares shouted at the teenager to stop and get out of the car.
McGrath, with two hands on the wheel, looked directly at Tavares and drove straight at him, prompting Tavares to fire one shot into the windshield and then another when the car kept coming.
When the red Camry veered left toward Almeida, Tavares fired two more shots, one striking McGrath in the right arm and a fatal shot that hit him in the back and punctured a lung and his heart.
Cruz said officers can use deadly force when they have probable cause that an individual poses a threat to them or anyone else or if a suspect is threatening to use deadly force. ‘‘But the death of a 16-year-old boy is a tragedy by any standard,’’ Cruz said. ‘‘His actions put the officers in a position where they were threatened by serious harm.’’
Tavares and Almeida told investigators that they were parked side-by-side in the Myles Standish Plaza parking lot on Samoset Street when a call came in about 3:18 a.m. regarding an alarm at Richard’s Wine and Spirits, according to State Police.
Both officers responded, with Tavares following Almeida.
Almeida drove east on Samoset Street and saw a red Camry traveling west on North Park Avenue, approaching the intersection at Court Street.
The Camry stopped briefly at the red light then abruptly turned left onto Court Street, running through the red light, according to police.
But that account differs from that of a witness, Jack Sullivan, 53, of Plymouth, news editor at The Enterprise of Brockton and a former editor at The Patriot Ledger.
Sullivan said he was heading to the cleaners on his way to work, when he saw McGrath’s car stopped at a red light on North Park Avenue.
Sullivan drove through the intersection just as the light changed allowing McGrath to turn left onto Court Street.
Sullivan wondered why a police cruiser with its lights flashing was following the car.
‘‘There wasn’t any obvious reason, but I didn’t know about the alarm at the liquor store,’’ Sullivan said.
State Police said McGrath’s blood alcohol was .04, high enough to warrant a drunken driving charge on a person under 21, according to Cruz.
The standard for a minor driving drunk is .02, Cruz said.
Traces of prescriptions Adderol and Paxil were also found in McGrath’s blood, Cruz said.
The youth had a valid prescription for at least one of those medications, according to Cruz.
Police Chief Robert Pomeroy said the State Police report revealed new details, but its conclusion didn’t surprise him. ‘‘Based on the preliminary information I had, I’m not surprised at the findings,’’ Pomeroy said.
Both Tavares, a 17-year veteran of the force and Almeida, an 18-year-veteran, have been on paid leave and are expected to return to active duty shortly, Pomeroy said.
He said he notified Tavares and Almeida of the findings on Wednesday at the police station.
‘‘They were obviously relieved,’’ Pomeroy said. ‘‘They’ve been very distressed over the whole thing. It’s a tragedy for them and their families as well as for the McGrath family.’’
Pomeroy said the investigation brings the incident to an end. The officers will not face any further internal departmental review stemming from the shooting, he said.
‘‘A lot of things went wrong,’’ Pomeroy said. ‘‘Unfortunately those were in Anthony McGrath’s hands.’’
The investigation did not definitively tie McGrath to the break-in attempt at the liquor store, but Pomeroy said a piece of rock was found in McGrath’s vehicle.
The fragment was similar to a rock found near the broken window at Richards Wine and Spirits.
Patriot Ledger reporters John Zaremba and Joe McGee contributed to this report.
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<deep breath> Ya know what I say? F 'em.
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