Police officers cleared in shooting

Wiseguy

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It takes them five months to figure out that this was a justified shooting? The guy pointed a loaded shotgun at them! What happens if a regular citizen has to use deadly force?

It would probably be instant disarm of all firearms and lengthy expensive ordeal.


From the Patriot Ledger.

PLYMOUTH —

Two police officers who shot and killed a Plymouth man two days before Christmas were justified in using deadly force, Plymouth County District Attorney Timothy Cruz ruled.

In a statement released Monday, Cruz says officers James LeBretton and Brian McNeely shot and killed Jeffrey Curran, 39, after Curran pointed a loaded shotgun at them.

“The two Plymouth police officers involved had probable cause to believe that Curran not only posed a threat of serious physical harm to them, but further, that he posed an immediate deadly threat to them and to the others present,” Cruz’s statement said.

The ruling comes after a months-long investigation involving numerous interviews with witnesses whose stories sometimes conflicted, Cruz states.

Curran’s wife, Lisa, could not be reached for comment.

The two officers had responded to a domestic abuse call at the Curran’s home at 340 Ship Pond Road, just before midnight Dec. 23.

Police said Lisa Curran called crying that her husband had beaten her up.

Curran’s 16-year-old daughter directed the officers to the basement where Curran and his wife Lisa were.

LeBretton and McNeely said Lisa Curran appeared drunk and had a fresh abrasion on her face, a bruise on her chin, and a chipped tooth.

She told them her husband was in the adjacent room with a shotgun that he had threatened to use.

Officers heard what they believed to be a shotgun being loaded inside the room.

After asking Lisa Curran and the daughter to seek cover, the two officers forced the door open and saw Curran sitting directly across from them with a shotgun between his knees.

Curran stood and raised the shotgun prompting both officers to shoot.

Curran was flown to Beth Israel Deaconess Medical Center in Boston charged with assault with a dangerous weapon and assault and battery, but he died shortly after his admission.

Cruz says the officers fired three shots at Curran striking him in the upper left chest, right groin, and left wrist.

The 12-gauge Mossberg Maverick pump-action shotgun was loaded with three shells, police said.

McNeely has 13 years on the force; LeBretton three years.

“The investigation clearly determined that the officers acted lawfully and appropriately under the circumstances,” Police Chief Michael Botieri said. “We have some internal policies to follow, but the officers will be returning to work within a few days.” The deadly shooting is the second in three years for the department.

Officers Richard Tavares and Edwin Almeida were cleared of any wrongdoing in shooting Anthony McGrath, 16, in January 2006.

Police said the teen drove at the officers following a 1.3-mile pursuit through downtown about 3 a.m.

McGrath’s mother Denise McGrath has filed a wrongful-death lawsuit in federal court.
 
They have to complete an investigation no matter what.

But seriously, a Mossberg Maverick? I think that's the cheapest pump shotgun ever made. [laugh]
 
What happens if a regular citizen has to use deadly force?

Mass has a policy of File Charges first and let a judge/jury decide if it was justified when deadly force was used. Someone breaks into your house with a loaded gun and shoots at you. If you return fire and kill him, expect to be arrested and charged in the shooting.
 
Mass has a policy of File Charges first and let a judge/jury decide if it was justified when deadly force was used. Someone breaks into your house with a loaded gun and shoots at you. If you return fire and kill him, expect to be arrested and charged in the shooting.

Completely false. Massachusetts, for all it's sh*tty laws, does have a very good castle doctrine law. If you use deadly force against someone in your home, it is a binding legal defense if there was "reason to fear" great bodily harm or death to anyone legally in your home.

ETA: It should be noted that this law offers no protection against being sued by your attacker or his/her family.
 
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it is a binding legal defense if there was "reason to fear" great bodily harm or death to anyone legally in your home.

You get to MAKE THAT ARGUMENT from the DEFENDANT'S TABLE!

Yup, MA has a great "home defense" law! [rolleyes] [thinking]

--------------------

IMNSHO, the officers involved should have been exonerated within 48 hours!
 
Well, there are 2 witnesses (other than the cops) and for some reason their stories conflicted.

Interesting. Maybe that's why it took so long.
 
The ruling comes after a months-long investigation involving numerous interviews with witnesses whose stories sometimes conflicted, Cruz states.

Don't everybody jump to conclusions all at once.
Maybe that's why it took five months.
 
Mass has a policy of File Charges first and let a judge/jury decide if it was justified when deadly force was used. Someone breaks into your house with a loaded gun and shoots at you. If you return fire and kill him, expect to be arrested and charged in the shooting.

I have lived in Mass. all of my life and I can't recall anything like this happening if it was a good shoot and the person doing the shooting was properly licensed.Yes, Mass. frustrates me too,but people are not charged if it passes the smell test.At least not yet.
 
God Bless the Officers having to deal with drunk domestic violence like this.

Proverbs 31:4 - 5

It is not for kings, O Lemuel, it is not for kings to drink wine; nor for princes strong drink:
Lest they drink, and forget the law, and pervert the judgment of any of the afflicted.
 
The LEO's I know who have drawn their weapons, never considered the aftermath to be any kind of vacation. I would think that some serious counseling occurred after the fact to help these men deal with the enormous emotional consequence of taking a human life. I am just glad they got him before he got them.
 
I have lived in Mass. all of my life and I can't recall anything like this happening if it was a good shoot and the person doing the shooting was properly licensed.Yes, Mass. frustrates me too,but people are not charged if it passes the smell test.At least not yet.

My experience knowing a few people who have been forced to shoot people in their home has been that regardless of the available information, the state files charges against the shooter.

In one case I know of, a person shot an intruder who was half-way up the stairs to the second floor of their home and holding a 12ga shotgun. He was taken into custody, charged, released on bail and had a trial by jury. While he was found not guilty by the jury, it took almost 2 years and cost him more than $50,000 in legal defense fees.
 
My experience knowing a few people who have been forced to shoot people in their home has been that regardless of the available information, the state files charges against the shooter.

In one case I know of, a person shot an intruder who was half-way up the stairs to the second floor of their home and holding a 12ga shotgun. He was taken into custody, charged, released on bail and had a trial by jury. While he was found not guilty by the jury, it took almost 2 years and cost him more than $50,000 in legal defense fees.

Please tell us the whole story.Location,relationship to the intruder,was the shooter licensed etc?
 
3 shells - one for his wife, one for his daughter, and the third for him. It wouldn't be the first time a drunken domestic turned into a murder/suicide. I'm glad the cops got there when they did, most likely preventing a larger tragedy.
Still, even though justice was served, no one really wins in this situation.
 
Don't everybody jump to conclusions all at once.
Maybe that's why it took five months.

And although I agree with Jaxon that witness testimony is never reliable, this:

Officers heard what they believed to be a shotgun being loaded inside the room.

raises all sorts of red flags for me. Sounds more like hollywood than real life. It could have been an intentional embellishment. Sometimes taking a little time with an investigation and stepping back to start from the beginning, regardless of who is getting investigated, makes some sense. Given the domestic nature of this, that seems prudent. In the end, the right answer was had. It sucks for anyone where there is such a long investigation, but if the investigators are open minded and fact finders, they will likely get to the right answer.
 
Please tell us the whole story.Location,relationship to the intruder,was the shooter licensed etc?

Whole Story?

A friend who is an inactive marine with a Mass Class-A LTC attending a college in Worcester after his term of service was renting a 2-story appartment with 2 bedrooms on the second floor and single room livingroom/kitchen on the first floor, woke up to the breaking of glass in the middle of the day.

He got out of bed and went to check, saw a guy with a shotgun in the house and retreated to his bedroom to get his pistol from the safe beside his bed. The intruder came upstairs. He shot him still in the stairway. He called police and waited for them to show up so he could provide his testimony.

After hearing his testimony the officer proceeded to arrest him, take the pistol as evidence and escort him to the police car. He was arrained the following day and posted bail ($500 I think).

The intruder was unlicensed and had an open warrent (I am not certain what for) My friend represented himself until his motion for dismissal was denighed, then he hired a lawyer to represent him, realizing this was going to trial.

As I said before, he was found not-guilty by a jury, but the legal fees cost him a fortune. He also did get his pistol back from the police eventually, but they "held it in evidence" while the DA decided if "an appeal was warrented" so it took a while.
 
Whole Story?

A friend who is an inactive marine with a Mass Class-A LTC attending a college in Worcester after his term of service was renting a 2-story appartment with 2 bedrooms on the second floor and single room livingroom/kitchen on the first floor, woke up to the breaking of glass in the middle of the day.

He got out of bed and went to check, saw a guy with a shotgun in the house and retreated to his bedroom to get his pistol from the safe beside his bed. The intruder came upstairs. He shot him still in the stairway. He called police and waited for them to show up so he could provide his testimony.

After hearing his testimony the officer proceeded to arrest him, take the pistol as evidence and escort him to the police car. He was arrained the following day and posted bail ($500 I think).

The intruder was unlicensed and had an open warrent (I am not certain what for) My friend represented himself until his motion for dismissal was denighed, then he hired a lawyer to represent him, realizing this was going to trial.

As I said before, he was found not-guilty by a jury, but the legal fees cost him a fortune. He also did get his pistol back from the police eventually, but they "held it in evidence" while the DA decided if "an appeal was warrented" so it took a while.

I don't remember this case however I remember the case of a military guy in Worcester that shot at some punks outside of his apt with a shotgun and was brought to court.Either I missed what you are referring to or you have confused some of the facts?
 
I don't remember this case however I remember the case of a military guy in Worcester that shot at some punks outside of his apt with a shotgun and was brought to court.Either I missed what you are referring to or you have confused some of the facts?

Sounds like you're thinking of a different case to me... [rolleyes]

He made a huge mistake in not hiring a lawyer from the beginning and for saying ANYTHING to the cops on the scene. Sad things have to be like that but it is true.
 
As I said before, he was found not-guilty by a jury, but the legal fees cost him a fortune. He also did get his pistol back from the police eventually, but they "held it in evidence" while the DA decided if "an appeal was warrented" so it took a while.

what the hell is there to appeal? last time i checked they can't appeal an acquittal!
 
pbearperry - this happen while I was in college roughly 10 years ago.

usnma - I doubt the DA had any intention of filing an appeal, but the police department held his pistol "in evidence" until the period for filing the appeal had expired. Honestly, I think it was just an excuse to draw the whole thing out.
 
[

But seriously, a Mossberg Maverick? I think that's the cheapest pump shotgun ever made. [laugh][/QUOTE]


It only needs to work and fire once, to make a bad situation worse for a person standing in front of it, cheap or not, after that it make a great bat.[wink]
 
...the police department held his pistol "in evidence" until the period for filing the appeal had expired. Honestly, I think it was just an excuse to draw the whole thing out.

I know of a current case where the PD is doing something similar, refusing to release a gun that was never involved in a crime, but that the PD simply won't give up.
 
Moparman - Wonderful thing about old WW1 and WW2 service rifles - if you ran out of ammunition or they failed, you still had a long, heavy, poorly weighted club.
 
The LEO's I know who have drawn their weapons, never considered the aftermath to be any kind of vacation. I would think that some serious counseling occurred after the fact to help these men deal with the enormous emotional consequence of taking a human life. I am just glad they got him before he got them.

+1 Especially as the description makes it sound very much like "Suicide by Cop."
 
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