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POLICE SHOOTING
Boston’s top cop faces a hard call
BY DAVID S. BERNSTEIN

Two high-ranking members of the Boston Police Department have now been demoted as punishment for the fatal Victoria Snelgrove shooting last October — or not; since the investigation into that incident is ongoing, Commissioner Kathleen O’Toole insists the reassignments of Superintendent James M. Claiborne and Deputy Superintendent Robert O’Toole are unrelated to the shooting. Regardless, many took Commissioner O’Toole’s action as a sign that she is willing to hold people accountable.

Why, then, are we still waiting for action on Officer Anthony Platt, who shot 26-year-old Eric Paquin in the face (non-fatally) as he sat in a parked SUV in Charlestown last March? Nearly a year later, the Boston Police Department still has not finalized a report on the incident, confirms spokesperson Thomas Sexton.

There may be legitimate reasons for the delay — although none has ever been given in response to several inquiries by the Phoenix. But it sure looks as if O’Toole is trying to avoid a confrontation with the Boston Police Patrolmen’s Association (BPPA).

The Paquin shooting is the first clear-cut violation of a regulation that expressly forbids firing at a vehicle, unless the occupant first displays a weapon. Former commissioner Paul Evans put that rule on the books in 2002, to mollify a public aghast at eight fatal civilian shootings by Boston police officers in a 23-month stretch, culminating in a woman’s being shot in the back of a car. The BPPA, with typical immoderation, blew a gasket and voted "no confidence" in Evans. For O’Toole, punishing an officer for violating this hated policy is sure to unleash the union’s fury all over again.

Platt and his partner, Peter Cabrera, found Paquin parked in an allegedly stolen Land Rover at the intersection of Polk and Bunker Hill Streets, outside the residence of Lisa Maria Wallace, who allegedly had just shoplifted from a CVS. According to Platt, Cabrera was attempting to remove Paquin from the SUV when the vehicle began moving in reverse, threatening to crush Cabrera between the open driver’s-side door and a wall. The gist of the story does not appear to be in dispute; Paquin was convicted in November of assault and battery for the attack on Cabrera.

Platt claims he fired his weapon to save his partner’s life — but still broke the regulation, which specifies that the vehicle itself cannot be the "weapon" that justifies shooting. So, if you’re O’Toole, do you punish Platt and incur the mortal wrath of the BPPA, or not punish him and send the message that officers can disobey rules the union dislikes?

Unpleasant as the options may be, letting the matter linger for a year does no one justice — and seriously undermines O’Toole’s frequent promises of transparency and responsiveness. The day after the Paquin incident, O’Toole told the Boston Globe she had given the department’s investigators 30 days to submit their report. "As soon as I know the truth, you’ll know the truth," the paper quoted her as saying. Roughly 300 days later, we are still waiting.


Issue Date: February 18 - 24, 2005
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