He said New Bedford officers approach people on the street to gather information, and they must adhere to “constitutional bounds” when doing so.
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The family also wants a judge to halt police from “implementing their stop and frisk program, which led to this whole incident in the first place.”In July of 2012, the district attorney’s office ruled the shooting was justified and found that Gracia stabbed Detective Tyson Barnes several times and refused commands to drop a knife as he ran toward another detective.
Advertisement Police opened fire and shot Gracia twice in the lower back, once in the upper back, and in the head, an autopsy found.
According to prosecutors’ report on the shooting, Gracia, whom authorities described as mentally ill, was seen on surveillance video exchanging what “appeared to be a gang handshake” with another youth, and that when detectives approached them, the youths tensed up and walked away.
After a chase, the report found, Barnes caught Gracia and grabbed him by the shoulders, and the teen removed a hunting knife and stabbed Barnes in the chest, abdomen, and arm.
Brisson said Gracia, like any citizen, had a right to decline to speak to police and begin moving away.
He said officers then “chased him down” and “guided him to the ground,” but he ran again.
There was a third and final encounter, Brisson said, when Barnes caught up to Gracia, “that [caused] Malcolm to take out a knife and do what he did.