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April 11, 2008

No indictment for Pawtucket officer in Feb. fatal shooting

A grand jury has found that the actions of a Pawtucket police officer, who shot and killed a Pawtucket man in February, were lawful and legally justified, and therefore did not return an indictment.

The Providence County grand jury, which reported the case out late this afternoon, had to determine whether Officer Wallace H. Martin's actions were legally justified in using deadly force, according to a statement from Michael J. Healey, spokesman for Attorney General Patrick C. Lynch.

Jason M. Swift, 30, was shot and killed in the Lupine Street apartment he shared with his mother. Martin shot Swift, of 71 Lupine St., after he brandished a "Samurai-style" sword and later struggled naked with officers, The Journal reported. The police said they were responding to a 7:31 a.m. call involving an "emotionally disturbed individual with a knife" outside the building.

The statement from the attorney general's office explains the law gives police officers right to "use deadly force in circumstances not generally available to the public" and the law "recognizes the unique duties of police officers, and provides to police officers the right to use deadly force under circumstances that non-police officers would not be entitled to."

A 1985 U.S. Supreme Court decision, according to the statement, stated: “When the officer has probable cause to believe that [a] suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force.”

In February, Swift's mother spoke about the shooting.
-- projo.com staff writer Michael P. McKinney, with Journal archival reports

Posted by Mike McKinney  at 5:58 PM | Permalink

Comments

Athough it may be difficult for family members of Mr.Swift to comprehend the outcome of this tragic incident. For the family of Mr.Swift and the police officer. The police make split second decisions and upon a grand jury taking all of the facts placed before them made a decision. That decision was proper due to the circumstances. It is a difficult outcome for both parties involved. I am sure the police officer did not want to put himself through the grand jury process.

jvp | April 11, 2008 9:19 PM link

As difficult as this decision may have been to shoot Jason, the complexity of the situation is not always understandable to the person who was not there at the time of the shooting. Being a police officer involves making tough decisions in fractions of a second. I commend the Pawtucket Police and other police officers while on duty for making these most difficult decisions. May this experience be a light that shines brightly on the next tough decision you have to make in your line of duty. My heart goes out to Jason's family as well.

Mim | April 12, 2008 6:50 AM link

Three Pawtucket Police Officers couldn't cuff a man laying on the floor in a prone position? If they had a clue as to what they were doing, Jason should have been easily cuffed. Pathetic just pathetic. I'm sure that Pawtucket will hire some more incompetent, weak and small men, but at least they can run a mile and a half. Not that they would need to.

annoyed | April 14, 2008 9:09 AM link

A trigger-happy police officer is a fool who puts all of his 'brothers' at risk. Every time a cop kills a suspect, he tells future baddies that he will kill them, too, so if they wanna live they'd better be the ones to shoot first. And they will.

This is exactly how violence escalates. The grand jury did nobody any favors by letting the guy off. Future bloodshed will be on their hands.

Bad penny | April 14, 2008 9:27 AM link

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