Trooper's account questioned
Trooper's account questioned
Testimony under way in fatal police shooting
By M. Elizabeth Roman TELEGRAM & GAZETTE STAFF
CLINTON- Expert testimony during an inquest at Clinton District Court yesterday seemed to contradict statements by the state trooper who said he shot a 30-year-old Fitchburg man Nov. 3 because he feared for his life, according to the man's family lawyer.
Though the inquest, presided over by Judge Robert V. Greco of Framingham District Court, was closed to the public and the press, Stephen Hrones of Boston, the lawyer for the family of Preston D. Johnson, summarized for the media what he said was the day's testimony.
"There were several inconsistencies in the testimony," Mr. Hrones said.
Mr. Johnson, 30, of 3 Portland St., Fitchburg, died Nov. 4 after being taken off life support. He apparently led state police on a chase the day before after refusing to stop, according to the district attorney's office.
Mr. Johnson's vehicle sideswiped several vehicles before crashing to a halt shortly before 2 a.m. in the driveway at 27 Spruce St., a few blocks from his apartment on Portland Street, police said.
Mr. Johnson's family has said Mr. Johnson probably was trying to elude police because he was driving without a license.
In the moments before the shooting, Trooper Donald C. Gray said, he was standing on the driver's side of Mr. Johnson's vehicle while Fitchburg Police Officer Douglas Darton stood in front.
Trooper Gray testified yesterday that in trying to flee again, Mr. Johnson angled his tires sharply toward Officer Darton. Trooper Gray said that because he feared for his life and that of Officer Darton, he fired a single shot into the driver's side window of Mr. Johnson's vehicle, according to Mr. Hrones.
"But the ballistician found two bullets that seem to be related. One in the back of Mr. Johnson's head and one in the car near the dash," Mr. Hrones said of the expert testimony given yesterday.
Mr. Hrones said a hat with a single gunshot hole in the middle back was introduced as evidence during the inquest.
"The back window was shattered, but the driver's side was not," he added. "This brings serious questions to the credibility of the trooper's testimony."
Mr. Hrones said Trooper Gray and Officer Darton also were inconsistent in their statements during the inquest yesterday.
"Trooper Gray said he spoke with Officer Darton after the incident 'several times.' But Officer Darton said he never spoke a word of the incident to the trooper," Mr. Hrones said. "(Officer) Darton said he was in back of his car and never saw the trooper. But (Trooper) Gray said (Officer) Darton was an arm's length away from him during the shooting."
Mr. Johnson's family members huddled in the hallway of the court, waiting to be summoned into the courtroom in the morning, before the inquest began. Mr. Hrones whispered assuring words to them. Family members hugged one another and nodded in response.
"I can't even think," Joyce Johnson, Mr. Johnson's sister, said during a break in the proceedings. Mr. Johnson's mother and other family members declined to be interviewed.
Mr. Johnson had a criminal past.
He served four years in prison for attempted murder for a 1996 incident in which he held a gun to a Fitchburg State College student's head and fired shots after him and a fellow student when they ran off.
He also served 30 days in jail in 2004 for his part in a domestic dispute. But family members say he was starting to turn his life around.
Trooper Gray, an 11-year veteran of the state police assigned to the Leominster barracks, was placed on paid administrative leave after the shooting, but later returned to full duty.
Supporters of Trooper Gray, including several uniformed state troopers, attended the inquest. Police were instructed not to comment.
State Trooper William Cullen, who also is a state police union representative, said Trooper Gray needed moral support during the proceedings.
"No one wants this type of thing to happen," Trooper Cullen said. "But (Trooper Gray) is aware of the responsibility. He accepts it. If there are questions, then there have to be answers."
Trooper Cullen said the increased scrutiny amid allegations of racial profiling has not prevented state police from conducting business as usual. Mr. Johnson was black, Trooper Gray is white. Officer Darton is black.
"We are aware of the increased sensitivity of people," Trooper Cullen said. "But it doesn't keep us from doing our job in a professional way that is consistent with our training."
Joseph P. Kittredge of Needham, who is representing Trooper Gray, said he thought the inquest was going well, but declined to comment on specific testimony.
A spokesman for District Attorney John J. Conte said there would be no comment on the inquest until after it is complete.
More than 30 witnesses are ready to testify, but it is not known how many will be called by Judge Greco. The proceedings are expected to last a few days.
The investigatory inquest came at the request of Mr. Conte, whose office had been investigating the shooting. He said in late November that the circumstances and cause of Mr. Johnson's death are appropriate for review.
An inquest is a quasi-judicial proceeding, presided over by a judge who receives and evaluates evidence and statements that have a bearing on the shooting, according to Mr. Conte. The proceedings are done under oath.
Judge Greco will file a report that is expected to determine if anyone is criminally responsible for Mr. Johnson's death.