Scott Macomber, formerly of Brockton, went into cardiac arrest May 16, 2016, in the back of a cruiser after police took him into custody.
365备用网址APPFALL RIVER — City police are facing a civil rights lawsuit involving the 2016 death of a 48-year-old man shot by a stun gun as officers subdued him in a Mount Hope Avenue apartment.
Scott Macomber, formerly of Brockton, went into cardiac arrest May 16, 2016, in the back of a cruiser after police took him into custody. Police had entered the apartment in search of another occupant who had outstanding warrants for shoplifting. Macomber was later pronounced dead at St. Anne’s Hospital.
The civil rights lawsuit was filed in federal court in Boston in July 2019 by the mother of Macomber’s son, Barbara Robinson, and an alternative dispute resolution hearing is set for May.
Alternative dispute resolutions in federal court give litigants the opportunity to settle cases with the aid of neutral third parties before the matters go to trial.
365备用网址APPNamed as defendants in the civil rights case are Fall River police officers Joshua Carreiro, Shane Galus and Jonathan Ferreira.
365备用网址APPThe Bristol County district attorney’s office cleared the officers of criminal use of excessive force 10 months after the arrest in a 23-page report noting that Macomber had escalated the situation when he attempted to stop police from arresting the woman they had intended to arrest.
365备用网址APPThe civil rights lawsuit alleges that Macomber was at home asleep on his day off from his job at Fall River Country Club when police entered the Mount Hope Avenue apartment without consent and without a warrant.
365备用网址APPAccording to the lawsuit, also living at the home was Macomber’s cousin, Lisa McNally, who was in the process of ending her relationship with her former boyfriend, Frederick Garfield.
365备用网址APPThe former boyfriend had apparently been aware that McNally was wanted on an outstanding warrant and approached officer Carreiro with the information. Garfield offered to lure McNally out of the apartment so she could be arrested.
365备用网址APPCarreiro reportedly requested backup from Galus and Ferreira.
Garfield texted McNally requesting she go outside to see her son, which she did, but then she hurried back in the house saying, “Don’t let him get me.”
365备用网址APPRobinson, who was also home at the time, reportedly heard a commotion and saw another occupant holding the door shut as Carreiro attempted to enter the apartment.
365备用网址APPRobinson told the woman to step aside and Carreiro entered the home, looking for McNally.
The lawsuit indicates that’s when Macomber woke up, due to the noise, and reportedly found the police officer banging on the closed door of his 14-year-old son.
A struggle ensued between Macomber and the three officers while officer Galus stunned Macomber in the back three times.
365备用网址APPThe stun gun was apparently in a “drive stun” mode which requires direct contact rather than the deployment of prongs from a distance to incapacitate a suspect.
365备用网址APPThis is the latest lawsuit alleging civil rights violations by the Fall River Police Department.
In spring 2019, the city settled another civil rights and excessive force lawsuit involving two Fall River officers – Michael Pessoa and Andrew DeMelo – for $225,000.
A grand jury handed up 15 counts of excessive force-related charges in June against Pessoa for allegedly injuring four people during their arrests. Pessoa is out on $5,000 cash bail.
The day of Pessoa’s arraignment, DeMelo, who was reportedly involved in two of the four cases of alleged excessive force, resigned from the police department.
Two other police officers testified before the Pessoa grand jury and admitted they filed false reports related to the excessive force incidents after they were granted immunity. Officers Thomas Roberts and Shawn Aguiar remain assigned to in-house duty.
The Bristol County district attorney’s office dropped the criminal charges against the four alleged victims.
The two officers have asked the Supreme Judicial Court to review a lower court’s order directing Bristol County prosecutors to notify criminal defendants whose cases could be affected by the false reports.
365备用网址APPEmail Jo C. Goode at email@example.com.