MSP firearm discharge reports re: June 19 shooting

Shawn Musgrave filed this request with the Suffolk County District Attorney's Office of Suffolk County, MA.

It is a clone of this request.

Status
Rejected

Communications

From: Towle, John (DAA)

Mr. Musgrave,
These requests should be submitted to our press office, Jake Wark is press secretary. Thank you,
John
Sent from my iPhone

From: Shawn Musgrave

Hi John -

I'll pass this along to Jake, and make sure future requests go to him. Thank you for your quick response!

Best,
Shawn

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All reports that resulted from the Suffolk DA's investigation into the shooting of Santos Laboy by a Massachusetts State Police trooper on Friday, June 19, 2015 along the Esplanade and Silber Road footbridge over Storrow Drive.

In a statement published by Boston CBS (see http://boston.cbslocal.com/2015/06/19/shots-fired-on-storrow-drive-footbridge/), DA Conley said that a prosecutor had been assigned to investigate:

'Suffolk County District Attorney Dan Conley assigned a senior prosecutor to investigate the shooting.

"Our role as prosecutors is to determine whether the use of lethal force was justified as a matter of Massachusetts law,” Conley said. “That determination will be made after a full, fair, and impartial investigation. We draw no conclusions from the preliminary evidence and we reserve judgment until all the facts are in.'"

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Wark, Jake (DAA)

Hey Shawn – This fatal shooting is still under review and so will likely be denied under the investigative exemption, but as you know we release “all reports” (as well as all interviews, audio/video recordings, and other material) to the media as a matter of course in all fatal police shootings once we make a final charging decision. If you like, I’m happy to put these materials on a flash drive for you when we reach that point.

From: Shawn Musgrave

Jake -

That would be great — is there an ETA on the investigation's conclusion? I thought it might be completed now since the shooting was a year ago.

Best,
Shawn

From: Wark, Jake (DAA)

No hard and fast timeline, only because each case is different with greater or lesser degrees of factual complexity and documentation to which the law must be applied. A year is well within the average timeline for DAs offices nationwide who provide reports on their decisions, though (see http://sfdistrictattorney.org/officer-involved-shooting-letters, for example), and as far as I can tell none of them take the extra step (as we do) of affirmatively releasing the entire investigative file upon which those decisions are based.

From: Shawn Musgrave

Understood — please let me know when you can if the DA will be able to release anything at present.

Also thanks for the context from SF. I'll review this.

Thanks!

-Shawn

From: Wark, Jake (DAA)

This investigation is still open and so no documents can be released at this time. I’ll be happy to provide you with all responsive documents when it concludes and a final charging decision is made, however.
Best,
Jake

Files

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