Lawyer for Boston cop facing manslaughter charge in on-duty shooting calls out DA’s ‘unprecedented’ move
FIRST ON FOX: The attorney for a Boston police officer who has been arrested after allegedly shooting and killing a suspect in a carjacking says his client has an impeccable service record, and that the District Attorney's handling of his client's case has been unusual.
"He's never been disciplined, never reprimanded, no trouble whatsoever," Ken Anderson of the law firm Anderson and Goldman told Fox News Digital.
Nicholas O'Malley, 33, was arrested on March 19 stemming from an on-duty shooting of carjacking suspect Stephenson King, 39, on March 11. Police were called after a woman who was sitting in the passenger seat of her idling vehicle called 911 and reported that a man, later identified as King, assaulted her and dragged her out of her vehicle before fleeing in it.
BOSTON OFFICER CHARGED WITH MANSLAUGHTER AFTER SHOOTING CARJACKING SUSPECT AS VIEO DISPUTES ACCOUNT
O'Malley has been on the Boston Police force for six years. He reportedly fired three shots upon confronting King, who ignored lawful commands during the attempted arrest, according to Larry Calderone, head of the Boston Police Patrolman's Association. Police described a chaotic scene in which King nearly backed over his partner before accelerating forward, resulting in the shooting.
King is described as having a lengthy criminal record that included gun charges, and was reportedly known to police.
District Attorney Kevin Hayden's office alleges O'Malley committed voluntary manslaughter by shooting and killing King without reasonably fearing for his own safety.
But Anderson described the district attorney's actions as unusual.
An internal investigation into the shooting had not yet been completed, and a grand jury had not been impaneled before the arrest.
"I think most of the outrage here is just the fact that they made a decision eight days into this just to go arrest him without any grand jury presentation," Anderson said.
Anderson said the DA's office is "trying to send a message." Prosecutors asked for a $25,000 bond.
"You know, obviously, the district attorney decided to make this bold, unprecedented statement that has created furor or backlash," said Anderson. "I don't know why he did it. There's really no reason to do it. Again, my client, he's 33-years-old. He's lived in Massachusetts his entire life. He's married. He's got a six-month-old. He's got a three-year-old. He owns a house. He's not a flight risk."
"Instead of actually, letting the process run its way through, completing the reports — these firearm discharge investigation reports usually take months to complete — in this case, just to make the decision, eight days in, to just go arrest him and not even give the courtesy of the opportunity just to turn himself in," he said. "I don't know why, they acted that way. To me, it's very disturbing."
O'Malley has received vast support among his fellow officers, many of whom appeared in court during his first hearing to back him.
"It’s a complete tragedy that we’re here today talking about this," Calderone said in a press conference after the hearing. "We’re here very strongly to tell you that we back our officer. The facts are going to come out. That officer was in fear of his partner. It’s very easy to come in Monday morning and take a look at a body camera and try to determine what an officer felt from your point of view. No one knows how it is to be a man or woman in uniform."
Calderone said it is difficult for non-police officers to understand what goes through an officer's mind when a split-second decision about whether their life, the life of their partner or the life of an innocent victim could be at risk.
O'Malley has pleaded not guilty and was released on his own recognizance.
Hayden is up for reelection this year, and the shooting has become a political flashpoint.
The arrest has sparked interest among several people, including Democrats, in running against Hayden, Axios reported.
Far-left Rep. Ayanna Pressley D-Mass., whose district includes Boston, released a politically-charged statement about the shooting.
"I am deeply alarmed by the recent shooting by police in Roxbury of Stephenson King. My heart is with his family as we grieve this killing and everyone impacted in our community," she said. "The District Attorney’s office moved quickly to bring charges, and it is essential that Stephenson’s family has access to body camera footage to ensure a full, truthful account of the shooting, along with critical resources to support their healing. While justice would mean Stephenson’s life was not taken in the first place, we must have transparency and accountability. That means holding everyone involved to account. The trauma of violence reverberates far beyond a single instance, so we must remain committed to enacting policies that truly keep us all safe."
Hayden's office did not return a comment request.