BOSTON, Oct. 23, 2015—The Boston Police officer who fired on Remis Michael Andrews during a domestic violence call did so only after Andrews lunged at him with two large knives and a carving fork in an enclosed space, and will not face criminal charges, Suffolk County District Attorney Daniel F. Conley said at the conclusion of his investigation into the fatal shooting.

“Specifically, the investigation revealed that Officer [David] Hansford was confronted with an armed and aggressive individual in extremely close quarters and responded to an immediate threat of death or great bodily injury to himself, his fellow officers, and five other people in the apartment,” Conley wrote in a report memorializing his findings.

The report, summarizing the sequence of events in the April 5, 2014, incident was released today after Conley and the lead prosecutor on the case met with Andrews’ family to explain their findings.

In addition to providing a factual explication and legal analysis of the incident to the family, Conley provided them with a complete copy of his investigative file on the case. The file is also being made available to Boston’s media for an additional layer of independent review under a voluntary policy Conley implemented more than a decade ago.

The investigation revealed that Hansford and three other Boston Police officers responded to a Lattimore Court address for a 911 call reporting domestic violence at about 3:10 pm. The caller stated that Andrews, whom she identified by name, had punched her in the face and fled to a Lenox Street residence.

On arrival, they found the 31-year-old female victim with visible facial injuries. She identified the assailant again, directed officers to the nearby Lenox Street residence, and said, “He went in there.”

When the officers knocked on the door, a 13-year-old boy answered. The officers identified themselves and asked if Andrews was inside. The boy said he was not, but the officers soon saw him enter the apartment through the rear door.  He stood about 6’2” tall and weighed about 290 lbs. They asked Andrews his name, to which he responded, “Mike” and ducked out of sight.

The officers entered the apartment to regain sight of Andrews and found him in a small kitchen. They identified themselves and stated they were there because of the domestic violence call. Andrews asked if he was going to jail. The officers tried to defuse the situation and explained that they just wanted to talk. Andrew began yelling at the boy who opened the door and others inside the apartment.

Andrews began pacing in the small kitchen and the officers observed him scanning the countertop where several knives were located. He began screaming that he was not going to jail and took off his sweatshirt, hat, and glasses.

Officer Mark Walsh, who knew Andrews, asked Andrews if he was on his medication. Andrews said that he was not. At this point, Walsh used his radio to request Boston EMS for an evaluation.

Andrews continued to yell at the officers and stated that he was not going to jail. His eyes continued to dart across the countertops. The officers determined that it was becoming dangerous in the confines of the kitchen and urged Andrews to come outside, away from the child and others within the apartment. Andrews stated, “You’re not getting me out of this fucking kitchen.”

Concerned for their safety and the safety of others, including Andrews, the officers made plans to handcuff Andrews and asked him to turn around and place his hands behind his back. Andrews refused. The officers asked him to turn around place his hands behind his back a second time.

At this point, Andrews turned to his right and grabbed two large knives and a carving fork that had been on the countertop. Also at this time, a 36-year-old woman present in the apartment rushed into the kitchen area and attempted to run to Andrews while he was holding the knives. The officers restrained her and, now responsible for her safety as well as their own, drew their service weapons and backed out of the kitchen into a narrow hallway.

Andrews began slashing the knives and fork at the officers and said that he was not leaving the kitchen and was not going to jail. The officers continued to order him to drop his weapons.

Suddenly, Andrews screamed, raised the knives in his hands, and lunged at the officers. Hansford discharged his service weapon twice, hitting Andrews in the chest and abdomen. Andrews dropped the knife in his left hand but held the other in his right as he fell to the floor.

The officers requested an ambulance and Boston EMS arrived moments later because Walsh had earlier requested them for an evaluation. Emergency medical technicians began first aid and rushed Andrews to Boston Medical Center, where he died of his injuries.

The 1989 U.S. Supreme Court decision in Graham v. Connor explained that “the calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary in a particular situation.” The Massachusetts Supreme Judicial Court has also noted this year in Commonwealth v. Asher that “a police officer has an obligation to protect his fellow officers and the public at large that goes beyond that of an ordinary citizen, such that retreat or escape is not a viable option for an on-duty police officer faced with a potential threat of violence.”

The right to self-defense is not limited to law enforcement officials, however: Conley’s office has declined to charge five homicides in the past seven years because the civilians involved used lethal force reasonably and lawfully to protect themselves against the threat of death or serious bodily injury.

In light of all the facts and circumstances in this case, Conley wrote, “Officer Hansford’s use of force was a lawful and reasonable exercise of self-defense and defense of others. Indeed, Officer Hansford and the other officers did everything reasonably in their power to deescalate the situation before resorting to force. Accordingly, I have determined that criminal charges are not warranted.”

Conley’s office investigated the incident under Ch. 38, Sect. 4, of the Massachusetts General Laws, which establishes that, in “cases of unnatural or suspicious death,” including police-involved deaths, “the district attorney or his law enforcement representative shall direct and control the investigation of the death and shall coordinate the investigation with the office of the chief medical examiner and the police department within whose jurisdiction the death occurred.” Conley assigned Assistant District Attorney Mark Hallal, chief of the Senior Trial Unit, to lead the probe.

The victims of any crime, including domestic violence, should call 911 in an emergency. SafeLink, a statewide DV hotline, can be reached at 877-785-2020. SafeLink is answered by trained advocates 24 hours a day in English, Spanish, and Portuguese, as well as TTY at 877-521-2601. It also has the capacity to provide multilingual translation in more than 140 languages.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.