Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Framingham Police Execute Search Warrant In Drug Case And Shoot 68-Year-Old Resident- Attorney Sam’s Take

Yesterday, we discussed that tragedies sometimes result from mistakes made by human beings. Yesterday, it was the Parole Board. Today, authorities are investigating a police-involved shooting in Framingham yesterday morning that has left a 68-year-old man dead, the Middlesex District Attorney’s office has announced. The word “homicide” has not been used…yet..

It all began when Framingham police detectives and members of the Framingham Police SWAT Team gathered together at 26 Fountain Street. at about 12:30 a.m. in order to execute a search warrant that had been issued for narcotic offenses, according to the DA.

What happened next is a little hazy, as it often is when police shoot someone.

Apparently, the search warrant was being executed, as planned, but something somewhere went wrong. Initial reports (aka all we are being told thus far) indicate that a bullet was “discharged” from the Framingham Police Department-issued weapon of a SWAT Team member.

In civilian parlance, one of the officers fired his gun.

The bullet struck one of the residents, according to the statement. The resident was 68-year-old Eurie Stamp. He was taken to Metro West Medical Center, where he was later pronounced dead.

No public outcry about this particular mistake…at least, not yet.

Two other men, Joseph Bushfan and Devon Talbert, both 20, were arrested at the scene on charges of possession with intent to distribute a class B drug and drug violation in a school zone.
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The investigation into the circumstances of the shooting continues and further
details, including the name of the officer involved, will be released upon
completion of the investigation, the DA’s office said.

Yes, well we know how that goes. In the meantime, some other witnesses, not dressed in blue, are not waiting for the end of the official investigation to voice their concerns.

“Framingham police came into the house and shot my father. I don’t know why or what or what the purpose was,” said Marlon Stamps, the victim’s son. “If you have my mother in handcuffs in the police car, you have my brother in the police car, and you have my cousin in the police car, why are you shooting my father?” he asks.

Another Framingham resident, Dwayne Barrett is also somewhat confused. “Eurie was laying in the bed and they said somehow the gun just discharged. I am not sure how a gun can just discharge, but that is what they are saying,” he relates.

Meanwhile, Framingham District Court Judge Robert Greco has ordered Bushfan held on $5,000 bail and has released Talbert on personal recognizance.

From The Trenches:

You don’t really have to be an experienced Boston Criminal Defense Attorney to get the idea that there is something wrong with this picture. But it helps.

You see, those involved on a regular and long-term basis with the criminal justice have seen things happen. Odd things. Things we were brought up believing do not take place. Many of these things involve the sanctity of police officers and their sometimes overly-valued testimony in court.

Of course, I have no personal knowledge about the lethal execution of this search warrant and, without question, moving in on the drug trade is a dangerous business. Things happen out there…things that sometimes never come to light…or come to light only surrounded by a blurry blue haze.

The clarity of the truth of what happened is usually determined by the good folks investigating and determining the truth.

Kind of like most criminal cases.

After that, it is up to attorneys like me to try to sort it out and give whomever turns out to be accused of wrongdoing a chance to stand up against whatever “truth” is determined.

Often, a lot of work goes into the preparation of said “truth”.

That is why you need an advocate with experience, skill and, yes, determination.. Being a former prosecutor or police officer does not hurt either.

If you would like to discuss such a matter with me, I can be reached quite easily. Just call me to arrange a free initial consultation at 617-492-3000.

To view the original story in which parts of this blog were based, please go to : http://www.boston.com/yourtown/news/framingham/2011/01/man_68_is_fatally_shot_in_fram_1.html?p1=News_links and http://www.thebostonchannel.com/news/26375629/detail.html

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