BPD commissioner faces subpoena over body cam footage, says DA ‘owns that space’ to release video

BOSTON — Commissioner Michael Cox has been issued a subpoena to testify on protocols regarding the release of police body camera footage in the aftermath of a fatal officer encounter in Roxbury last month.

Officer Nicholas O’Malley was charged in the death of Stephen King back in early March. Police were responding to a call of an alleged carjacking, when O’Malley opened fire. His defense claims King was going to run over officers at the scene.

There has been growing public pressure to release the body camera footage, as District Attorney Kevin Hayden says the video showed probable cause to charge O’Malley with murder, and his use of force was not justified.

Over $500,000 has been raised to support O’Malley and his family in the aftermath of his arrest.

“In the aftermath of fatal Boston Police Department Officer encounters, elected officials, oversight bodies, and the public have a vested instance in viewing this footage. Community members, elected officials, and the public at large have called for transparency and access to body camera footage to ensure a full and truthful account of the incident,” the subpoena reads.

“The Boston Police Department at the discretion of the Boston Police Commissioner, maintains custody and control over body camera footage and related records that are essential to understanding the circumstances surrounding incidents involving the use of deadly force. The public deserves to see body camera footage related to the Roxbury incident in order to promote transparency, support community healing, and ensure accountability in the administration of justice,” it further states.

“We do have a policy, it’s based on public records law that has exemptions, but those exemptions aren’t forever. So the fact is we will be transparent, for the particular case you’re making reference to, the District Attorney owns that space,” said Cox.

“And he’s dictated that it won’t be released until he feels as though it won’t impact the criminal prosecution.”

This is a developing story. Check back for updates as more information becomes available.

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