DA Rules Adams Officer Shooting Justified

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ADAMS, Mass. — The Berkshire District Attorney's Office has determined that, based on a Use of Force Report coupled with an investigation completed by the Berkshire State Police Detective Unit, the use of force in the Jan. 27 Adams officer-involved shooting was justified.
 
The District Attorney released a statement Monday stating that based on preliminary investigations, Adams Police Corporal Baker acted within Massachusetts General Law and the Adams Police Department's Use of Force Policy when he fired his weapon.
 
The investigation included:
  • 911 calls placed by Phillip White;
  • Corporal Baker's body worn camera video;
  • Three additional responding police officers' body worn camera videos;
  • Monitored and reviewed an interview of Corporal Baker conducted by the Berkshire State Police Detective Unit;
  • Radio transmissions from Berkshire Regional Emergency Communications Center
  • Northern Berkshire EMS run sheets;
  • Reports from the Adams Police Department involving Phillip White;
  • Crime scene photos of the inside of the 31 Commercial Street residence and outside where the incident occurred;
  • Site visit to the inside of the 31 Commercial Street residence and outside where the incident occurred;
  • Massachusetts General Law;
  • Adam's Police Department policies related to the incident
On Jan. 27, Corporal Baker responded to 31 Commercial Street for a report of a stabbing. According to a report, when Baker arrived, the officer saw a man, later identified as Phillip White, in the shadows but could not see his hands. The officer ordered White, age 25 of Adams, to show his hands, but he did not comply.
 
The report continued that shortly after, White began to approach Baker quickly. Baker observed that White had a "shiny type weapon" in his hand that had sharp edges and appeared to have blood on it. When Baker observed the weapon, he drew his firearm.
 
Baker believed White posed an immediate threat and fired one round at him, according to the statement. White was not struck by the bullet. White briefly dropped to his knees, began to get up again, and then returned to his knees. Ultimately, officers were able to take White into custody without further incident.
 
On Jan. 28, Phillip White was arraigned in Northern Berkshire District Court on one charge of Assault with a Dangerous Weapon in connection with the Jan. 27 incident.
 
Baker was placed on paid administrative leave from the Adams Police Department following the incident.
 
In the same release, the DA's office also addressed the Jan. 7 officer-involved shooting in Hinsdale. The Berkshire District Attorney's Office is awaiting the Massachusetts State Police Ballistics Report and a Use of Force Investigation.
 
"The investigation into the Hinsdale officer involved shooting is much more complex as it resulted in the death of a person," District Attorney Shugrue said. "I expect to receive the outstanding reports within the next 14 to 21 days. Bringing this investigation to a conclusion is a priority and I will immediately review and release the investigations findings when I receive the full report."

Tags: Adams Police,   shooting,   

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Adams Fire Questions Impact of Retirement Mandate

By Sabrina DammsiBerkshires Staff
ADAMS, Mass. — Fire District officials say the state's mandatory retirement age for firefighters will have a "catastrophic" impact on the Fire Department. 
 
After the Dalton Fire District was forced to retire four of its firefighters because of the mandate, the Adams Fire District is now questioning the impact it will have on its Fire Department. 
 
The district will seek a legal opinion regarding its available options. With Chief John Pansecchi set to retire, First Assistant Engineer David Lennon intends to run for the chief position, while Edward Capeless plans to run for Lennon's current role.
 
However, this mandate would also affect Capeless, so the district would need to seek a home-rule bill to waive the mandated retirement, which Lennon advocated they do as soon as possible because it is a lengthy process. 
 
Dalton had filed a home-rule petition last year but its fire chief was forced to retire because the bill is still sitting on Beacon Hill. 
 
Some wondered whether the policy applies to elected positions because they are not treated the same as employed firefighters. 
 
According to Public Employee Retirement Administration Commission Assistant Deputy Director Patrick Charles, the maximum age applies to all members of a paid department whether they are elected or not. 
 
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