DA: Cambridge native Eurie Stamps shot accidentally by Framingham police officer
A Framingham Police officer stumbled and accidentally shot and killed a Cambridge native as he laid face down on the floor of his home in January, the Middlesex district attorney's office announced Wednesday.
Middlesex District Attorney Gerry Leone said that Framingham Police Officer Paul Duncan shot and killed Eurie Stamps during a drug raid 63 days ago on Jan. 5.
Stamps, 68, was unarmed and laying on the ground. Duncan, a member of the SWAT team, had walked over to Stamps to handcuff him and check him for weapons, when Duncan began to fall.
"while falling, Officer Duncan removed his left hand from his rifle, which was pointing down towards the ground, and put his left arm out to try to catch himself,'' according to a statement from the district attorney's office. "As he did so, he heard a shot and then his body made impact with the wall. At that point, Officer Duncan, who was lying on the ground with his back against the wall, realized he was practically on top of mr. Stamps and that mr. Stamps was bleeding.''
Duncan immediately called for help, and medics began treating Stamps. Duncan also immediately told another officer that his gun fired.
Stamps was taken to MetroWest Medical Center in Framingham where he was pronounced dead.
the state's medical examiner's officer ruled that Stamps died from a single gunshot wound to the upper body.
the district attorney's office said the shooting does not "rise to the level of criminal conduct, and the shooting death of Eurie Stamps was an accident."
the case is now being referred to the Framingham Police Department for an internal review.
"my sincerest condolences go out to mr. Stamps’ family and many friends for what is an extremely tragic and sad incident,” Leone said today. "I have met with mr. Stamps’ family regarding our findings and determinations and discussed with them the legal obligations that I and this office have under the law in police involved fatal shootings. I further told them that we have found, based on the law and all the evidence, that this was an unexpected, sudden, unintentional discharge of a gun by a police officer carrying out his legal duties in a lawful manner, amounting to an accident under the law. therefore, we conclude that there is no factual nor legal basis for a criminal prosecution."
Duncan was a member of the Framingham Police Department's SWAT team that forced their way into 26 Fountain St., during the execution of a drug warrant.
Police had arrested Stamps' stepson, Joseph Bushfan, 20, of Framingham, outside of the apartment. inside the apartment, they arrested Devon Talbert, 20, of Boston, who is Bushfan's cousin. They both face cocaine distribution charges.
Duncan was put on paid administrative after the shooting. It is unclear if he's since returned to work.
Bushfan is currently serving an 18-month sentence in the Billerica House of Correction after pleading guilty two months ago to charges in connection with two 2008 robberies in Cambridge.