Boston man with CMT fatally shot

[Guest guest]

Police chief says officers were given no choice in fatal shooting

By R. Ellement

http://www.boston.com/news/local/massachusetts/articles/2009/08/14/police_chief_\

says_officers_given_no_choice_in_fatal_shooting/

But the lawyer for the family of ph M. Ramos Jr. said that Ramos had a

neurological condition that weakened his legs, leading the family to question

whether use of deadly force was justified.

Ramos was fatally shot by Officer White Tuesday around 9:30 p.m. after

Ramos allegedly charged into another officer, , knocking to

the ground, said the office of Bristol District Attorney C. Sutter II and

a witness.

Ramos was armed with a screwdriver, prosecutors said. White deployed a police

dog, but the dog attacked instead, according to prosecutors and a

witness, Terri .

The dog was called off, but Ramos, according to , got off the ground and

charged toward White, who fired once. Ramos was pronounced dead at St. Luke's

Hospital in New Bedford around 10 p.m.

Chief Mark Pacheco said yesterday that his officers are issued .45-caliber Glock

handguns, pepper spray, and a collapsible baton, but do not carry electric stun

guns. He said that on Tuesday the officers never had a chance to use the pepper

spray, which they carry on their duty belts.

" There was just no way of getting it out in time,'' Pacheco said. " The suspect

was already on them. He was already attacking the officer. It was a bang-bang

type of situation.''

But Ramos family lawyer Denner of Boston said yesterday that the family

is skeptical of police assertions that the only course of action they could have

taken was to shoot the 42-year-old Ramos. " We continue to investigate why the

use of lethal force was felt to be necessary,'' Denner said.

Pacheco said the police dog attacked because the officer was entangled

with Ramos.

" I don't think the dog could distinguish which one he was supposed to go

after,'' Pacheco said. " Sometimes it works; sometimes it doesn't.''

The chief said the two officers were shaken by the fatal shooting, which he said

was the first in the department's history. He said was hired as a

full-time officer last year and that White has been on the force since 1995.

Pacheco said the officers were being questioned for the first time yesterday

about the shooting, which is the subject of an investigation by Sutter's office

and an internal affairs inquiry by Pacheco's department.

" The officers are traumatized,'' Pacheco said. " It was an officer's worst

nightmare, pulling their weapons. They are dealing with it the best they can.

They are both seeking counseling. And they are both on paid administrative leave

right now.''

In a separate interview, Denner said Ramos's family questioned why police used

deadly force on a man who had lived most of his adult life on the street where

he was shot and was known to be eccentric, but not violent. One issue that has

sparked concern is a chronic medical condition the family says afflicted Ramos.

Denner said the chronic disease " certainly made it difficult, if not impossible,

for him to get up again in short order or to pose a further threat to anyone.''

According to Denner, Ramos had been diagnosed with Charcot-Marie-Tooth disease,

a hereditary neurological disorder that weakens a patient's leg muscles, among

other symptoms.

According to the National Institute of Neurological Disorders and Stroke

website, the disease is one of the most common neurological disorders and is

incurable. Patients often must use braces to support their legs or hands in some

cases.

" A typical feature includes weakness of the foot and lower leg muscles, which

may result in foot drop and a high-stepped gait with frequent tripping or

falls,'' according to the institute.

Denner said his office is seeking Ramos's medical records.

Gregg Miliote, Sutter's spokesman, said Ramos's physical condition is one of the

issues that will be examined by prosecutors and State Police as they investigate

the case. He said ballistics and toxicology tests are being conducted.

" We will be investigating everything,'' he said. " It's a wide-ranging and

thorough investigation.