Family of victim in deadly Newton police shooting explains decision to file civil lawsuit

NEWTON, Mass. — Boston 25 News sat down with a local family to discuss their decision to file a wrongful death lawsuit on the 2 year anniversary of their son’s shooting.

Michael Conlon’s father, Bob, talked about the moment he learned his son was gone with Boston 25′s Mark Ockerbloom. “Our police chief said ‘There’s no easy way to say this Bob, Mike’s been shot and killed by the Newton police’,” Conlon recalled. “Nobody should have to go through this Mark. Nobody.”

COURT INQUEST FINDS POLICE NOT RESPONSIBLE

According to a court investigation of the incident, 28-year-old Michael Conlon, who suffered from long-term mental illness, walked into the Indulge! candy store in Newton Highlands on January 5th, 2021, carrying a kitchen steak knife. The store was located under the apartment where Conlon lived. The clerk called 911. According to testimony, Newton police responding to the scene followed Conlon into the apartment hallway above the store.

According to an inquest released by the Middlesex District Attorney’s office last year, officers convinced Conlon to drop the knife at one point, but after a failed deployment of a non-lethal bean bag rifle, he picked the knife back up and charged at officers. They fired their weapons, killing him.

The inquest found no criminal responsibility by the police, stating “At that moment, no reasonable alternative existed, except for the use of deadly force.”

CONLON FAMILY: “HE DIDN’T HAVE TO DIE”

But the Conlon family says Michael’s death did not need to happen. Their civil lawsuit claims officers failed to follow standard de-escalation protocols that could have prevented the need for deadly force.

“He didn’t have to die,” Conlon’s mother Betsy said. “He was actually complying. He had put the knife down. The talking was going well.”

“He’s outnumbered, right. Complying. Having a mental health crisis. Serious breakdown. Thinks he’s in a simulation calling for his father. And they pull out a non-lethal weapon that looks like a gun,” Bob Conlon added. “They, the Newton police, exaggerated things, heightened the anxiety and killed our son.”

STANDARD DE-ESCALATION PROCEDURE QUESTIONS

The Police Executive Research Forum or “PERF” Guiding Principles on Use of Force States: “a better outcome can result if officers can buy more time to assess the situation...” going on to state, “...officers should be trained to use distance and cover to create a...”safe zone”.”

According to the lawsuit, those tenants of time, distance and cover were not followed in this case. The suit claims the less-than-lethal gun was used, though the trained regional negotiating response group NEMLEC was only 6 minutes away. The suit also says police were only separated from Michael in a narrow hallway by a flight of stairs. It goes on to say a “body barrier” was in the building but not placed for cover between police and Michael.

The lawsuit also says a Newton Police social worker with knowledge of Michael’s situation was on scene that day, but kept outside of the building for safety, rather than being allowed to talk with him.

MENTAL HEALTH AND SUBSTANCE ABUSE CONCERNS

The Conlons tell Boston 25 News, Michael showed signs of mental health issues in elementary school, including self-harm. They sought treatment and he was eventually diagnosed with depression, bipolar disorder, and schizoaffective disorder.

“Michael died in 27 minutes. We did everything within our power to keep him alive for 28 and a half years. 27 minutes,” Bob Conlon said.

According to the inquest, Michael’s autopsy indicated high levels of methamphetamine in his system that day. When asked if that could’ve heightened the situation, Betsy Conlon said it’s common that addiction issues go hand in hand with mental health issues. Bob Conlon noted Michael’s behavior that day was consistent with past episodes of mental crisis he’d experienced and was not in his opinion related.

WHAT LAWSUIT HOPES TO ACHIEVE

The Conlons’ lawsuit does not ask for a specific dollar amount in damages.

When asked what they hope to achieve with the suit, the Conlons said they’re hoping it will spur greater accountability and transparency from local police. They say they’d like better training for officers for these situations, the use of body cameras and for social workers to be available on every shift.

“Bob and I are not we’re not against the police,” Betsy Conlon said. “There are many police officers, women and men that serve that are good people. They want to do the right thing.”

“But we’re trying to get the word out there as it relates to Michael, as it relates to mental health issues, mental illness,” Bob Conlon added. “No other families should suffer what our family has suffered with,” Besty concluded.

The lawsuit includes 12 counts ranging from wrongful death and excessive force, to American with Disability Act violations and violations of Conlon’s 14th amendment rights. The City of Newton and several officers involved that day are listed as defendants.

CITY OF NEWTON RESPONSE:

In response to the lawsuit, the City of Newton and the police chief issued the following statement:

Today marks the two-year anniversary of when tragedy struck the City of Newton. That tragic incident left behind a grieving family, poignantly distraught police officers, and a disquieted Police Department and community.

The family of Michael Conlon, the man killed in the officer-involved shooting that day, has initiated a wrongful death lawsuit against the City of Newton and the officers involved. This lawsuit comes after a fair, impartial and transparent inquest presided over by the Honorable District Court Judge Jeanmarie Carroll.

Having reviewed the evidence, facts and circumstances of what happened on January 5, 2021, Judge Carroll found that when Newton Police Officers fired their weapons, any reasonable law enforcement officer in the same position would reasonably believe that fellow officers as well as others were in imminent danger of being seriously injured or killed. The Judge wrote, “At that moment no reasonable alternative existed, except for the use of deadly force.”

As part of the ongoing healing process, it is important to understand that critical life or death situations such as this occur in a split second. Lethal force decisions are what every police officer prays they will never be forced to make and trains to avoid. The primary officers that were on scene that day were and are fine members of the department - professional and compassionate.

As the Mayor of Newton and as the Chief of the Newton Police Department, we know the death of anyone in such circumstances is tragic, and there is a lot of healing that must take place for all of those impacted by this incident. Our hearts go out to the Conlon family as well as to our officers and their families.

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

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