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Monday, October 2, 2006

Boston Police officer pleads not guilty to shooting fellow officer

By John R. Ellement, Globe staff

A Boston police officer today pleaded not guilty to criminal charges stemming from an incident last June when he allegedly shot and wounded a fellow Boston police officer while both were off-duty.

Officer Paul Durkin was arraigned in Suffolk Superior Court where he released on his own recognizance after pleading not guilty to a single charge of assault and battery with a dangerous weapon.

In court, Suffolk First Assistant District Attorney Joshua Wall said that Durkin and the fellow officer, Joseph Behnke, were both drinking at a Dorchester bar early in the morning of June 22.

According to Wall and court papers, as Durkin prepared to leave the bar around 3 a.m., Behnke intervened and told the "heavily intoxicated'' Durkin he was too drunk to drive.

Behnke invited Durkin to stay at his home on Moville street in West Roxbury instead of driving to Easton where the 26-year-veteran lives.

After arriving at Behnke's house, Durkin got out of the car and started to walk away, Wall said.

Behnke urged him to come into the house, but Durkin continued to walk away. As Behnke pursued him, Durkin allegedly drew his .40 caliber Glock semiautomatic pistol and fired one shot "from a short distance'' at Behnke.

Durkin then kept walking, called another friend who was not aware of the shooting and spent the rest of the morning at that friend's house, Wall said.

Behnke was hit once the left side near his hip and bullet exited his body, authorities said.

Behnke walked into his house and with the help of his wife made it to a Boston hospital where he was treated and released, according to prosecutors.

Durkin's defense attorney, Thomas Drechsler, called the shooting an "accident pure and simple.''

Behnke, 32, has been on the police force for four years and was assigned to South Boston prior to the shooting.

Durkin, 49, was assigned to Dorchester and has been a Boston police officer for 26 years. Durkin was suspended without pay by the department following his indictment, the department said.

Posted by the Boston Globe City & Region Desk at 12:34 PM

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