« Update: Deaths of Cumberland couple a murder-suicide |
Today
| Tonight: Providence gets The Producers »
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
jvp | April 11, 2008 9:19 PM link
Mim | April 12, 2008 6:50 AM link
annoyed | April 14, 2008 9:09 AM link
Bad penny | April 14, 2008 9:27 AM link
Post a comment
Please be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish.
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.