Framingham (Mass) Police will Investigate Itself in Fatal Shooting of Unarmed 68 Yr Old Black Man - Family Plans Lawsuit

From [HERE] FRAMINGHAM — The Police Department is set to launch an internal investigation into the shooting death of a man by a SWAT team member, Town Manager Julian Suso said last night.

Suso said the professional standards review will focus on whether any rules, regulations, policies or procedures were violated when Officer Paul Duncan killed Eurie Stamps Sr. during a drug raid Jan. 5.

He said police were waiting to start their review until after the district attorney's office released its findings on the shooting, which it did last week.

Middlesex District Attorney Gerry Leone's office ruled that 68-year-old Stamps' death was an accident and not a crime. Leone's office said Duncan's rifle fired when he tripped and fell inside Stamps' home at 26 Fountain St. The SWAT team was serving a search warrant at the time.

Authorities said Stamps' stepson, Joseph Bushfan, whom police arrested, and another man were the targets of the raid. Suso said the district attorney's report is key to the police internal investigation.

The review should be complete in two to four weeks, he said.

Selectmen did not comment on the matter, but behind closed doors last night they discussed a potential lawsuit Stamps' family may bring. An attorney for the family last week called the district attorney's explanation of Stamps' death implausible and said he will conduct his own investigation.

In other business last night, selectmen met with leaders of two planning organizations that serve the town: the MetroWest Regional Collaborative and its parent, the Metropolitan Area Planning Council.

Given the town's budget crunch, Suso is recommending Framingham withdraw as a member town of the regional collaborative to save $20,000 and avoid needing to make further layoffs. The town would continue paying $19,000 to remain one of 101 communities served by the planning council.

After hearing arguments, selectmen decided not to make a final call.

The collaborative, led by Framingham resident Bruce Leish, offers technical help and resources to its nine member towns, which include Ashland, Holliston, Marlborough, Natick, Southborough, Wayland, Wellesley and Weston.

Bucking Suso's recommendation, Leish and planning council executive director Marc Draisen asked Framingham to remain a leader at the regional table.

"It's hard to ask for continued commitment of funds," Draisen said, "but this community is the leader of MetroWest."

Suso said he was shocked to recently learn that two member towns, Marlborough and Holliston, haven't been paying their annual membership fees.

"I'm wondering how we get into this optional dues club. ... I'm outraged on behalf of the taxpayers," Suso said.

Draisen and Ashland Selectman Jon Fetherston praised Leish's approach to planning and advocating for MetroWest on Beacon Hill.

"This is not about debating good people and good intentions," Suso said. "... It's about making tough decisions."

He said the town is in "cut-back mode" and has to weigh belonging to the organization against keeping teachers, police officers and firefighters.

Selectmen agreed to wait to make a decision on remaining a member until after the revenue picture for fiscal 2012 becomes more clear.

Chairman Dennis Giombetti and Natick Selectman Josh Ostroff are co-chairmen of the collaborative's executive board, which was formerly known as MetroWest Growth Management.

"I do see value" in being a member town, Giombetti said, but he added that he respects where Suso is coming from, trying to balance next year's budget.

Board member Jason Smith said if it came to a vote last night, he probably would have sided with Suso, but he recognizes the pros to being a member town.

"What we can afford and what we can't afford I think has to be uppermost," Selectman Ginger Esty said.