No Charges in Navillus Terrace Shooting

Suffolk County District Attorney Daniel F. Conley today determined that a Boston Police officer and a State trooper acted appropriately when they returned fire against Manuel DaVeiga in Dorchester last year. DaVeiga shot himself during that encounter and died of a self-inflicted gunshot wound to the head.

Under Massachusetts law, the Suffolk County District Attorney oversees all death investigations in Boston, Chelsea, Revere, and Winthrop. Under that authority, Conley directed Assistant District Attorney Edmond Zabin, the chief of his Homicide Unit, to review the facts and circumstances of DaVeiga’s April 3, 2010, death on Navillus Terrace to determine whether criminal charges were warranted.

“After careful consideration of the facts and the law I conclude that all officers at the scene of the incident acted reasonably and lawfully,” Conley wrote in formal findings delivered to Boston Police Commissioner Edward Davis and Massachusetts State Police Colonel Marian McGovern. “The facts establish that Officer [Greg] Bowden and Trooper [Walter] Foley found themselves confronted by an armed suspect who opened fire at point-blank range … Both Officer Bowden’s and Trooper Foley’s decisions to return fire were lawful and reasonable exercises of self-defense and the defense of others.”

The findings were based upon the reports and conclusions of the Office of the Chief Medical Examiner, which determined the manner of DaVeiga’s death to be suicide; the recorded statements of involved officers and independent civilian witnesses; the opinions of experts in firearms identification, trajectory analysis, and ballistics; and relevant case law and legal precedent regarding the use of force by law enforcement agents. The Boston Police Department’s Firearm Discharge Investigation Team provided its final report to the DA’s office in March of this year.

“Our thorough review of the facts and circumstances surrounding the shooting of Mr. DaVeiga determined that two members of the Boston Police Youth Violence Strike Force fired in self-defense after Mr. DaVeiga fired multiple shots at officers, disregarded the safety of other citizens in the area, and ignored verbal commands to drop his gun,” Conley wrote. “The altercation ended only when Mr. DaVeiga – having already fired at least five rounds at pursuing police officers and troopers – put the gun to his own head and fired.”

Conley met with members of DaVeiga’s family, Dorchester civic leaders, and members of the Cape Verdean community to inform them of his decision earlier today. The date of that meeting was selected by the DaVeiga family.

Click here to read District Attorney Conley’s letter to the Boston Police Department Commissioner and Massachusets State Police Colonel regarding the April 3, 2010 shooting death of Manuel DeVeiga on Navillus Terrace.