Wednesday, March 9, 2011

The Civil Rights Lawsuit

Attorneys for the family of Eurie Stamps, Sr., who was killed late at night in his home on Jan. 5 by a Framingham Police SWAT team that stormed his house, announced today their launch of a civil rights investigation about the incident, upon review of the Middlesex District Attorney’s own investigative report, made public today.

Mr. Stamps, a 68-year-old, handicapped retired MBTA worker, died from semi-automatic assault rifle fire when he was shot at approximately 12:30 a.m. by police who were at his 26 Fountain Street home to serve a search warrant to Joseph Bushfan, Mr. Stamps’ 20 year-old stepson, suspected of drug possession. A team of 15 or more SWAT and other officers forcibly entered the home and, after detonating a stun grenade, shot and killed Mr. Stamps, even though they had already taken custody of Mr. Bushfan outside the home.

“Eurie Stamps’ death was the result of a fundamentally unjustifiable shooting by law enforcement officers who are charged with protecting the public safety,” said Anthony Tarricone, a law partner at Kreindler & Kreindler, the firm representing the four adult children of Mr. Stamps. “When an innocent man dies this way at the hands of the police, there really are no excuses that can satisfactorily explain away such a tragedy. Mr. Stamps’ civil rights were surely violated, and those who are responsible must be held accountable for his death.”

Attorneys for the Stamps’ family met with Middlesex District Attorney Gerry Leone this afternoon to review the results of the D.A.’s own investigation. “We believe the D.A.’s report leaves unanswered several critical questions about this incident,” said Tony Fugate of the law firm Bardouille & Fugate, which is representing Norma Bushfan, the widow of Mr. Stamps. “We seek a full accounting of what went so terribly wrong here, and we do not yet have that.”

The attorneys indicated their investigation would examine these questions:

* Why was a large and heavily-armed SWAT team deployed to serve a search warrant, especially in the middle of the night at a home known to be occupied by Mr. Stamps and his wife?

* What precautions were taken to ensure the safety of others who may have been in the house and who were not the targets of the warrant, such as Mr. Stamps, who had been in his bedroom watching television and sure to be startled by such dynamic entry?

* Why did the police not adjust their operational plan and still storm the house even after arresting Mr. Bushfan outside the home?

* What specific training and/or procedural failings could have lead to the shooting of an unarmed man watching television in his own home in the middle of the night?

* Who should be held accountable for such failings, and what corrections are necessary to ensure that the loss of innocent life in Framingham in such circumstances never happens again?

* Were there known systemic problems in the Framingham Police Department concerning deficiencies in training and execution of SWAT teams and, if so, how were they addressed and corrected?

* What changes are necessary to correct systemic training and procedural failings that permitted the use of the SWAT team assault and led to the death of Mr. Stamps in these circumstances?

* Is there proper oversight of SWAT team training and operations in place by Massachusetts state authorities?

* Was every member of the SWAT team at the Stamps home properly trained in the use of weapons and procedures for serving such warrants, to best ensure the safety of innocent people?

“The D.A.’s report fails to mention several factors we believe to be critical information,” said Mr. Tarricone. “There is no mention of use of the stun grenade, that there were at least two entry teams of numerous officers, that the police department’s pre-determined entry plan was not altered to reflect a changed scenario, that there had been no evidence of any drug sales in the home, and that the house had indeed been under surveillance for hours before the incident, which should have revealed the presence of Eurie Stamps, Sr. in the home. Surely, this case merits further investigation.”

“Sadly, there’s nothing that can return Mr. Stamps to his family or satisfy the enormous loss they will forever suffer,” said Mr. Fugate. “But they are rightfully and firmly committed to seeking justice for their father and husband with the hope that such pursuit will help prevent such a tragedy from ever happening again.”

16 Comments:

At March 9, 2011 at 11:58 PM , Anonymous Amonymousone said...

This is a TRAVESTY.
Call it what you da like I call it COLD BLOODED MURDER.
Indeed COPS have a license to kill with Impurity!

sTwat's and chiefs should have been
FIRED !

A bad plan is NO ACCIDENT !

 
At March 10, 2011 at 2:04 PM , Anonymous Anonymous said...

I read the report which states the office was trying to climb over something, lost his balance, and when he fell the gun went off. My question is what type of judgement does the officer have to climb over something with the potential to make him fall with a loaded gun in his hand. Someone with that poor judgement should not be allowed to walk and carry a loaded gun at the same time since they have already exhibited their inability to do that safely,.

 
At March 10, 2011 at 2:09 PM , Blogger Angry in Framingham said...

Was it a Framingham cop who actually did the deed and shot the guy?

 
At March 10, 2011 at 2:16 PM , Blogger Framingham resident said...

I say we put the cop who shot him in a room, lying on the floor, no weapon, in the middle of an obstacle course, and we let all the members of the Stamp family try to navigate the obstacle course with loaded assault rifles in their hands, and see what the outcome is.

 
At March 10, 2011 at 2:18 PM , Anonymous Anonymous said...

BIBLE SAYS AND EYE FOR AN EYE. HE SHOT STAMPS. STAMPS FAMILY SHOULD HAVE THE RIGHT TO SHOOT HIM. NO LAW SUIT, JUST JUSTICE.

 
At March 10, 2011 at 3:11 PM , Blogger 6th Middlesex constituent said...

Who is going to pay for it? We, the taxpayers of course. The family will sue, as they should, and they will win, as they should, and the taxpayers in Framingham will pay the settlement while the officer walks away scott free. Whether you agree this was an accident or not, their will be a financial price to pay for this mistake. The officer should bear the burden for some of that price. He should lose his job. The town of Framingham will be paying very high insurance premiums if we keep loose cannons like him on the job, and it is again you and I, the tax payers, who will be footing the bill for the high insurance premium.

 
At March 10, 2011 at 3:17 PM , Anonymous Anonymous said...

I am a resident who has kids old enough to understand this mess. How do I explain to them that if a cop makes a mistake acting wrecklessly by trying to climb through obstacles while holding a loaded assault weapon, and he kills someone, he has absolutely no consequences. But if they make a mistake and text while driving as a teenager, so not an adult who is expected to be responsible, they pay a fine and can lose their right to drive? Anyone want to explain to me the logic in that?

 
At March 10, 2011 at 3:49 PM , Anonymous Anonymous said...

Why have we heard nothing at all from the town, not from the Police Chief, the Town Manager, the Selectmen, no one. Don’t we have anything inteligent to say about this?

 
At March 10, 2011 at 6:46 PM , Anonymous Anonymous said...

Someone died here. The person responsible for that should have to pay some price. In what universe do you walk away with NO consequences from killing someone?

 
At March 10, 2011 at 6:48 PM , Anonymous Anonymous said...

You all seem to foget this guy was living in a house with drug dealers and if that wasnt happening he would't have been dead if he threw them out then the cops wouldnt of come in and shot him

 
At March 10, 2011 at 6:52 PM , Blogger concerned voter said...

Can town meeting members doing anything to make sure this cop loses his job? Any would that be of any help as far as our position if the family sues the town? If I were the family, I would sue for wrongful death so I am sure they will do the same. What is that going to cost us? Not that I don't think they deserve whatever they get. I suspect the lack of response from the town up to this point has pissed them off big time so they are really going to go after us now. Maybe, just maybe, if our selectmen or towm manager had been more responsive to their right to know what happened, this could have been settled without some big court case. I say we negotiate with them to find a just and equitable settlement and move on, and a big part of how willing they are to settle will be based on how the town has treated them in this whole process, which so far, has not been very well.

 
At March 11, 2011 at 11:26 PM , Anonymous Anonymousone said...

You all seem to foget this guy was living in a house with drug dealers and if that wasnt happening he would't have been dead if he threw them out then the cops wouldnt of come in and shot him
==============================
You are a Fucking Moron. I'm sure this isn't the first time or the last time you've heard this.....

 
At March 14, 2011 at 11:33 AM , Blogger Jim Pillsbury said...

Tuesday night in executive session, the BOS will discuss possible litigation in the Mr. Stamps killing.

Concerned members of the public and Town Meeting Members are asking the Chair of the Public Safety Committee to have a public meeting. I will post when the date, time and place are determined.

 
At March 16, 2011 at 1:22 PM , Blogger Jim Pillsbury said...

The FPD has announced that "they" will conduct their own investigation into the killing of Mr. Stamps.

I encourage the family of Mr. Stamps to ask the Justice Department to do their own investigation.

As history has proven over and over, cops investiagting cops will never allow the truth to be revealed.

Officer Duncan from FPD did the shooting.

 
At March 21, 2011 at 9:48 AM , Anonymous Anonymous said...

Jim, whats the word on a public hearing with the town Public Safety committee? If this is not a matter a public safety, then what the hell is?

 
At August 20, 2014 at 6:00 PM , Anonymous Joe Rizoli said...

Cable and free speech

Free speech and Cable TV

http://youtu.be/rQRkXp26PwQ

The ADL behind Cable TV censorship

 http://youtu.be/asDg4U8EYW8

http://accessfram.wordpress.com/about/meet-the-board-of-directors/

 

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