Man Fatally Injured After Firing on Four Officers While Fleeing Earlier Shooting

BOSTON, Oct. 27, 2017—Suffolk County District Attorney Daniel F. Conley today released more than 700 pages of interview transcripts, investigative reports, and forensic testing results gathered during his investigation into the fatal shooting of 29-year-old Peter Fanfan, who had opened fire on Boston Police officers after committing an earlier double shooting during a home invasion.

The evidence gathered in the course of the investigation did not support charges against the officers who fired on Fanfan, killing him, near the intersection of Stanwood and Laredo streets last year. As he does with every fatal police shooting, Conley released the entire investigative file to the family of the deceased and the news media – including hundreds of photographs from the scene, recorded interviews with police personnel, 911 calls and dispatch transmissions, and video footage from private surveillance systems and public safety cameras.

“After shooting two men during an armed home invasion and then firing upon a responding Boston Police detective, Mr. Fanfan was shot and killed during an armed encounter with members of the Boston Police Department,” Conley wrote in an eight-page summary report. “The investigation establishes that Peter Fanfan used unprovoked deadly force by firing upon Detective [James] Coyne and Officers [Ellys] Lee, [Eric] MacPherson, and [Michael] Taylor, placing them in real and immediate danger of death or serious bodily injury …. Under the circumstances, the officers’ use of deadly force was a lawful and reasonable exercise of self-defense and defense of others.”

Specifically, the evidence revealed that Fanfan and two other men had planned to commit a home invasion and robbery at a Devon Street residence and traveled to the area together in a black Chevrolet Malibu at about 9:50 am on Feb. 12, 2016. Fanfan and one of the men left their third associate at the vehicle and unsuccessfully attempted to enter the residence. They returned to the Malibu, circled the block, and came back to try again.

The evidence shows that Fanfan and one of his associates this time were able to access the basement and encountered a man doing maintenance work there. They asked this man about a person called “J.” When the man said he didn’t know who “J” was, Fanfan’s associate struck him in the head with an unknown hard object.

During a struggle that followed, Fanfan fired a shot that traveled through the man’s arm and into the left leg of Fanfan’s associate. Fanfan then fired again, striking the victim in the right leg. The victim believed Fanfan’s associate had a firearm and struggled with him on the bathroom floor. As he did, the evidence shows, Fanfan shot him a third time, striking him in the right leg. Fanfan helped his associate up and aided him in fleeing the building toward the Malibu, which was waiting on Stanwood Street.

A friend of the shooting victim had previously gone upstairs within the building and returned to the basement at about this time. He heard the sounds of a struggle as he descended the stairs and then saw Fanfan with a gun. He fled the house to call 911 before returning to assist the victim.

Meanwhile, outside, Fanfan assisted his wounded associate up Laredo Street toward Stanwood Street. Fanfan briefly ran alone up to Stanwood Street, informed the driver of the Malibu that he had shot his associate on Devon Street, and ran back down Laredo Street. The driver of the Malibu backed up toward Laredo and Fanfan once again assisted his injured associate toward the car. He disengaged as they reached the corner of Stanwood Street.

At about this time, Boston Police Detective James Coyne arrived in response to the 911 call placed by the Devon Street victim’s friend. Seeing Fanfan helping his limping associate, and being aware only of a report that a person in the area had been shot in the leg, Coyne exited his unmarked cruiser and began to approach them. Coyne’s service weapon remained holstered.

The evidence shows that Fanfan drew a Smith & Wesson .38 caliber revolver from his right jacket pocket, pointed it at Coyne, and fired. Coyne took cover behind his cruiser, unholstered his firearm, ordered Fanfan to drop his weapon, and fired as Fanfan ran around the front of the Malibu.  The exchange of gunfire was captured in footage from a nearby home surveillance camera.

As these events unfolded, Officers Lee, MacPherson, and Taylor arrived at the scene, travelling the wrong way down Stanwood in response to the earlier shooting call. The officers were in an unmarked SUV with lights and sirens activated. Fanfan pointed his weapon at them as they exited their vehicle, and the Malibu drove in reverse away from them.

Lee ordered Fanfan to drop his weapon. Fanfan refused the command and fired instead. Lee and MacPherson returned fire, striking Fanfan, who was struck five times and fell to the ground with fatal injuries. One projectile was recovered from Fanfan’s clothing and was matched to Lee’s service weapon and another recovered from his body was too badly damaged for a match; both were consistent with the ammunition issued to Boston Police officers.

In his legal analysis, Conley considered Massachusetts law on the use of deadly force in self-defense or defense of others, as well as the 2015 Supreme Judicial Court decision in Commonwealth v. Asher, which notes 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.” Where Coyne, Lee, and MacPherson faced an assailant who had just opened fire upon them, he wrote, their use of deadly force in response was lawful and criminal charges are not warranted.

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