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Posted by: kwflatbed

McGrath, 16, Fatally Shot In January



POSTED: 6:53 am EST February 28, 2006
UPDATED: 6:57 am EST February 28, 2006

PLYMOUTH, Mass. -- The town police department's use-of-force policy discourages, but doesn't prohibit, officers from shooting at moving vehicles, according to documents released Monday, about six weeks after police fatally shot a teenage motorist who allegedly drove toward them.


Anthony McGrath, 16, was shot by two officers on Jan. 10. He allegedly drove his car toward police after trying to break into a liquor store and leading officers on a chase through downtown.


Police initially refused to release the deadly force policy. The Associated Press filed an appeal with the Secretary of State's office, which ruled that the policy is a public document.


The policy states that officers "shall not discharge a firearm at a moving or fleeing vehicle unless any occupant is using or threatening to use deadly force."

It says that under such circumstances "officers should be aware of the potential inability of a bullet to penetrate metal or glass surfaces of an automobile and the likelihood of ricocheting bullets causing injury to innocent persons. Officers should not shoot when the vehicle is no longer an imminent threat."

Capt. Michael Botieri refused to comment on the policy or the officers' actions.

The teen's mother, Denise McGrath, said her son wasn't trying to hurt anyone.

"Tony wasn't trying to run anyone over. He was trying to get away. He didn't have it in him to try to hurt anyone. He was a kid," she said Monday.

The officers, placed on leave pending results of the district attorney's investigation, have not been publicly identified by the department.

The officers fired after McGrath allegedly drove his car at them following a chase that started at Richard's Wine and Spirits at 3:20 a.m. The entire episode lasted just five minutes - from the break-in call to the shooting.

Police say the shooting was in self-defense. A police statement issued after the incident said McGrath's car struck a stone wall as if failed to negotiate a left bend in the road. It then backed up and struck one cruiser, hit a utility pole "and accelerated toward the officers," the statement said. Both officers then fired their weapons.

One bullet penetrated McGrath's heart and lung, and a second hit his arm, according to an autopsy.

Cities such as Boston, Cincinnati and Detroit in recent years have adopted restrictions on when officers should fire on moving vehicles. Los Angeles prohibited officers from firing at moving vehicles one year ago less than a week after a 13-year-old suspected car thief was killed by police.

Boston's policy bans shooting at a moving or fleeing vehicle "unless the officer or another person is currently being threatened with deadly force by means other than the moving vehicle." It says officers "shall move out of the path of any oncoming vehicle instead of discharging a firearm at it or any of its occupants."

Geoffrey P. Alpert, a University of South Carolina professor who has helped departments revise use-of-force policies, says Boston's policy is a national model, while Plymouth's policy effectively "says nothing."

"This policy looks like it sold out to the union," Alpert said. "When you shoot at a moving vehicle, you're playing Russian roulette."

There was no answer Monday at Plymouth Police Brotherhood, the union representing officers.

A wooden cross and flowers are among items at a roadside memorial that remains at the scene of the shooting. There are also two chocolate chip cookies with red frosting - apparently left on Valentine's Day - on a paper plate that is signed 2/14/06.

Photos of McGrath are attached to the utility pole across the street.

A spokeswoman for the district attorney did not immediately return a call to comment on their investigation.



Copyright 2006 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Posted by: Piper

FYI, both officers are still on admin leave and a nearby gas station is selling memorial tee shirts for the kid who tried to run them down....

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Posted by: kwflatbed

Has anyone told the gas station owners what a-holes they are???

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Posted by: CJIS

Has anyone told the press to mind there own business for once? It pisses me off how can anyone ridicule the action taken by the officers. I would like to see what they would do if they were in the officers shoes... maybe they would end up as 2 more casualties in the war of stupidity

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Posted by: popo

Quote:

The teen's mother, Denise McGrath, said her son wasn't trying to hurt anyone.

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Posted by: Piper

Plymouth cops can shoot at moving cars: Department reveals policy; In cases of deadly force, it’s OK

By TAMARA RACE
The Patriot Ledger

PLYMOUTH - Plymouth police officers can shoot at moving vehicles if an occupant is using or threatening to use deadly force, according to department policy released yesterday.

Two Plymouth officers shot and killed a 16-year-old boy Jan. 10 after he allegedly drove at them following a 1.3-mile pursuit through the downtown area at about 3 a.m.

Police Chief Robert Pomeroy had previously refused to disclose the department policy, saying it was not a public record.

Secretary of State William Galvin overruled Pomeroy and ordered the document released.

In addition to Plymouth, Pembroke, Canton and Kingston refused to release their policies when The Patriot Ledger requested them in January.

Plymouth’s policy states officers ‘‘shall not discharge a firearm at a moving or fleeing vehicle unless any occupant is using or threatening to use deadly force.’’

Under such circumstances ‘‘officers should be aware of the potential inability of a bullet to penetrate metal or glass surfaces of an automobile and the likelihood of ricocheting bullets causing injury to innocent persons. Officers should not shoot when the vehicle is no longer an imminent threat.’’

Two veteran officers, whose names have not been released, shot and killed Anthony McGrath after he allegedly drove at them.

They are on paid leave pending conclusion of the investigation into the shooting.

Nine bullet casings were found at the scene, although police have not said how many shots were fired.

One bullet hit McGrath in the chest, puncturing his heart and lung. A second bullet hit him in the arm.

State Police detectives assigned to Plymouth County District Attorney Timothy Cruz’s office are investigating the shooting to determine if it was justified.

Cruz spokeswoman Bridget Norton-Middleton did not know when the investigation would be finished.

McGrath refused to stop for an officer trying to pull him over on Court Street at about 3 a.m.

Police say McGrath was driving away from the scene of an attempted break-in at Richard’s Wine and Spirits.

The officer flipped on his flashing lights and sirens, and tried to pull over McGrath, but the youth sped away, according to police.

McGrath drove 1.3 miles before crashing into a stone wall at the end of Water Street.

Two cruisers pulled in behind him, but McGrath backed up between them, pushing one out of the way, before hitting a utility pole.

McGrath then drove forward at the officers, prompting the shooting, according to police.

Police say the officers shot in self-defense, but the teen’s mother, Denise McGrath, said her son was just trying to get away and never intended to hit the officers.

Some police departments, including Boston’s, prohibit officers from shooting at moving vehicles unless an occupant has a gun.

Plymouth’s policy is less restrictive in that a vehicle can be considered a deadly weapon.

Plymouth police Capt. Michael Botieri would not comment on the policy.

Pomeroy has refused comment until the investigation is finished.

A makeshift memorial to McGrath has been placed on the stone wall where he crashed

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Posted by: EOD1

Quote:

Police say the officers shot in self-defense, but the teen’s mother, Denise McGrath, said her son was just trying to get away and never intended to hit the officers.

how does she know? Did she know her son was at the scene of an attempted B&E? nevermind the fact that he's 16 and its 3 a.m. Tues. morning & he fled/refused to stop. i'm not saying the kid is satan reborn, but it doesn't sound like he is an angel either. Seems like the mother might not have known her son as well as she thinks.
I hope the investigation turns out ok for the officers. Be safe!

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Posted by: Piper

DA clears police in fatal shooting

By TAMARA RACE
The Patriot Ledger

District Attorney Timothy Cruz ruled today that two veteran Plymouth police officers were justified in shooting a 16-year-old boy to death as he drove toward them in a car on Jan. 10.

At a press conference in his Brockton office, Cruz cleared officers Edwin Almeida, 50, and Richard Tavares, 39, of any wrongdoing in the death of Anthony McGrath.

The youth refused to stop after crashing his car near his home on Water Street at 3 a.m. following a short chaase thriough the center of town.

Cruz said Tavares fired four shots, including the one that pierced McGrath’s heart and lungs, killing him. Almeida fire seven times.

Cruz said Mcgrath was driving at Tavares when nthe first shots were fired.

McGrath’s blood-alcohol level was 0.4 percent, twice the legal limit for an underaged person but half the limit for an adult.

He also had Paxil, an anti-depressant, and Adderall, which is used to treat attention deficit disorder, in his system. At least one of the drugs had been prescribed by a doctor, Cruz said.

The officers have been on paid leave since the shooting and will return to work shortly.

Almeida has been on the police for for 18 years and Tavares for 17.

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Posted by: mtc

Well, Mommy Dearest wanted answers, of course, she'll have her own rationale for his behavior - must have been the antidepressants and the ADD meds.... that's who she'll blame next.

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Posted by: BartA1

DA has ruled clean shoot. Now will come the media showing pictures of mommy crying and demanding "justice" for her son. The responsibility dodge ball game begins. its was the medications fault, its the police fault anyone but the kid who tried to use a motor vehicle as a deadly weapon. I am sure the two plymouth police officers feel bad enough for having to make a tough decision, and to have the press stirring the pot just makes it harder.

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Posted by: 94c

"McGrath’s blood-alcohol level was 0.4 percent, twice the legal limit for an underaged person but half the limit for an adult".

A 16 year old with alcohol in his system breaking into a liquor store. Great welfare mother you are.

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Posted by: dcs2244

I'm just curious...what did his dad have to say about the incident?

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Posted by: 94c

Quote:

Originally Posted by dcs2244 I'm just curious...what did his dad have to say about the incident?

my educated guess is that we will probably have to wait til he gets paroled

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Posted by: jackryan

Quote:

Originally Posted by 94c my educated guess is that we will probably have to wait til he gets paroled

That's ..IF she even knows who the dad is.....

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Posted by: USMCMP5811

Quote:

Originally Posted by jackryan That's ..IF she even knows who the dad is.....

Jack, you beat me to it. And, on that note, I sure she has a couple of suspects in mind.

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Posted by: EOD1

Quote:

Originally Posted by mtc Well, Mommy Dearest wanted answers, of course, she'll have her own rationale for his behavior - must have been the antidepressants and the ADD meds.... that's who she'll blame next.

once again, no one is to blame, thats the sad fact... pathetic huh!?!? imagine taking resposibility for ones own actions

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Posted by: mtc

Quote:

Originally Posted by EOD1 once again, no one is to blame, thats the sad fact... pathetic huh!?!? imagine taking resposibility for ones own actions

Nope, it's never the fact that she sucked as a mother and her son, whom she couldn't be bothered to keep in school, was a rat that tried to kill cops with a car.

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Posted by: sylvester

i hear that the officers involved are calm, good officers who have seen alot over the past 15 + years....and are saddend by this young culprit's loss of life. They wish that he had not forced police into this life or death situation - but Mr McGrath chose to become someone who acted like his actions could result in their death within seconds... he was found to be drunk,.. breaking into a liquor store after 3 am..... what, or who, was the catalyst...? why was this 16 year old not enrolled in school ? What were his priorities ? what were his parents priorities and responsibilities ? he was suspended from school for participating in the robbey of a good kid that was collecting money for charity... many burglaries in his immediate neighborhood.. I'm sure that he, like most everyone, had good qualities, but on that night -he was an imminent danger to those officer's lives. They only did what they were forced to do. It's a tragedy, but not the officer's fault. Unless you are 100% ignorant. you would have done what the police officers were forced to do...

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Posted by: kwflatbed

Officers Shot At Car Speeding Toward Them

PLYMOUTH, Mass. -- The police officers who shot and killed a Plymouth teenager early this year felt they had no choice but to open fire because they feared their lives were in danger as the teen's car sped toward them, according to newly released reports.


"I observed the operator look directly at me as I approached," Officer Richard Tavares wrote in a report about the Jan. 10 incident in which 16-year-old Anthony McGrath was fatally shot.


"The Camry then accelerated towards me. Unsure of an escape route, and my ability to avoid being struck by the Camry a second time, I felt my life was again in danger."


Tavares fired four shots at the vehicle, according to the report he filed 17 days later. Officer Edwin Almeida fired seven shots before McGrath's car came to rest in a nearby yard.

A state police investigation determined that Tavares, 39, and Almeida, 50, were justified in shooting at McGrath, who had ignored repeated orders to stop.


The office of Plymouth District Attorney Timothy Cruz released Tavares' report and other documents in response to a public records request by The Patriot Ledger of Quincy.



The incident began when Tavares and Almeida responded to an alarm at a liquor store at about 3:18 a.m. Almeida followed McGrath's vehicle, which was coming from the direction of the store, and turned on his flashing lights, according to reports.



Instead of pulling over, McGrath led police on a pursuit that reached 60 to 70 mph and ended when he crashed into a stone wall.



Tavares and Almeida used their vehicles to box in McGrath's car. Almeida got out of his cruiser and ordered McGrath to show his hands, according to reports.



Instead, Almeida wrote in his report, McGrath put the car in reverse, striking his cruiser before hitting a utility pole.



It was then that the car allegedly accelerated toward Tavares.



"At this point, the Camry appeared to turn away from me, but towards officer Almeida's location to my right," Tavares wrote.



Tavares fired and McGrath was killed by a bullet that punctured a lung and his heart.



Once Tavares stopped firing, Almeida began.



The officers then pulled McGrath from his vehicle and handcuffed him.



"As we handcuffed the operator, I continually asked "Are You Shot? ... Where Are You Shot?" Tavares wrote.



The officers administered first aid and applied pressure to McGrath's wounds until paramedics arrived.



McGrath was pronounced dead at Jordan Hospital.



McGrath's relatives have questioned whether the shooting was justified.



Copyright 2006 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Posted by: 94c

Quote:

Originally Posted by kwflatbed McGrath's relatives have questioned whether the shooting was justified.

....And I question your ability to raise children. Your sixteen year old son is out at 3 am with alcohol in his system breaking into a LIQUOR store. What? did you run out too? And send him out to the Packy?

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Posted by: USMCMP5811

Quote:

Originally Posted by 94c ....And I question your ability to raise children. Your sixteen year old son is out at 3 am with alcohol in his system breaking into a LIQUOR store. What? did you run out too? And send him out to the Packy?

+1

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Posted by: FIVE-OH

I believe his uncle said they shouldve shot the tires out, right cause we shoot to disarm too, or wait is it center mass?

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Posted by: girlcop21

I think the question that I have been asked is, "you are trained so that you just hurt someone, not kill them right?"

Yeah, so when a car is driving right at you or a gun is pointed at you, I'll just hurt them a little so that they do hit you or kill you and he gets to live. I agree with 94C what the hell was the kid doing out at 3am and why did he take off when the PPD tried to stop him... clearly he was a misunderstood kid!

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Posted by: sempergumby

I feel bad for these two Officers. To have draw down on a person sucks, to fire at them is bad enough, but to hit and kill is the last thing any Police Officer wants. I was in a similar situation and know how it feels to have your life truly on the line. I believe they did what they HAD to do. God bless them, and keep them safe. And may they not beat themselves up over this. The driver made the choice for them.

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Posted by: kwflatbed

Suit likely in police shooting

Family of teen slain in '06 may take action

A photo of Anthony McGrath, with the phrase ''2 Years 2 Long We Love and Miss You RIP,'' marks the spot where the teen was killed by Plymouth police in January 2006. (SONJA WALLGREN FOR THE BOSTON GLOBE)


By Christine Legere

Globe Correspondent / October 2, 2008


Nearly three years have passed since 16-year-old Anthony McGrath was shot to death by Plymouth police. Now McGrath's family appears to be preparing to sue the two officers involved, the Police Department, and town leaders.
Their window of opportunity is closing fast, however, with just three months left before the statute of limitations for such action runs out. According to an attorney representing the Town of Plymouth and the police, McGrath's family has given strong indication a suit is on the way.
In January, Marshfield attorney Paul Driscoll sent a "claim" letter on behalf of McGrath's mother, Denise McGrath, to the town's lawyer, Leonard Kesten.
"In the letter, they make the claim that [Anthony] should not have died, and that his death was caused by the negligence and misconduct of the patrolmen," Kesten said. The letter also claims negligence on the part of the Plymouth selectmen and the police chief, Robert Pomeroy, who has since retired.
"I haven't heard anything yet about the suit, but it certainly wouldn't surprise me," Kesten said. "A claim letter has to be sent out six months in advance of a negligence suit, so the timing would be right for it to be filed now. I would be surprised if they don't file a suit."
Driscoll did not return calls from the Globe. At tempts to reach Denise McGrath were unsuccessful.
Anthony McGrath was shot in the early hours of Jan. 10, 2006, following a high-speed car chase along Plymouth's waterfront. Officers Richard Tavares and Edwin Almeida, responding to a report of an alarm ringing at a liquor store on Route 44 at 3 a.m., saw McGrath driving a car in the area and pursued him.
The mile-long pursuit ended with McGrath being fatally shot within a block of his home.
According to reports filed by the officers, Almeida and Tavares, chasing McGrath in separate cruisers, pulled up behind the bright red Camry the teen was driving after he failed to make the sharp turn at the end of Water Street and hit a stone wall. The officers got out of their cruisers, approached McGrath's car on either side with their guns drawn, and told him to turn off the engine and get out.
McGrath, they said, threw his car into reverse, rammed one of the cruisers, then a utility pole behind the vehicle. The teen was then facing the two officers, who said McGrath paused for a few seconds and then sped directly at them. Tavares fired four shots. Two struck the windshield and two shattered the passenger-side window, according to reports filed on the incident. One of the bullets hit McGrath in the arm and another penetrated his back and pierced his lung and heart.
Almeida fired seven shots, but none hit McGrath.
McGrath, who was not armed, was taken to Jordan Hospital in Plymouth, where he was pronounced dead.
McGrath's relatives expressed outrage shortly after the shooting, saying the teen was simply scared and most likely trying to turn the car around and go home.
Tavares, who was a 17-year veteran of the Police Department, and Almeida, an 18-year veteran, were put on paid administrative leave while the shooting was investigated by State Police working for the Plymouth County district attorney's office.
District Attorney Timothy Cruz ruled in March 2006 that the deadly force used by Tavares and Almeida was called for. While police policy dictates that officers not fire at moving cars, in this case the officers' lives were threatened, Cruz said.
Denise McGrath hired Driscoll to investigate her son's death shortly after the incident. She also obtained a Superior Court injunction, barring the local Police Department and Plymouth County district attorney's office from altering or destroying any official records or evidence related to the case, such as police reports, interviews, and ballistics analyses. She said at the time that her lawyer was conducting his own investigation, and that it could take several months.
That injunction has remained in place since the summer of 2006.
Kesten said the family may decide to file for negligence in Plymouth Superior Court and civil rights violations in federal court. The three-year window of opportunity for taking court action would be the same in both courts.
If a negligence suit is filed, the cap on damages would be $100,000, Kesten said. There is no such cap on damages awarded for civil rights violations, such as the use of excessive force, he added. No dollar amounts were included in the initial claim letter, Kesten said.
Shortly after the teen died, a memorial for McGrath was set up on the stone wall he hit at the northern corner of the waterfront. That memorial, which includes a photo of McGrath, has been maintained by friends since his death.


http://www.boston.com/news/local/art...lice_shooting/

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