Davis says officers didn't use excessive force in man's death

Family urges US investigation

Boston Police Commissioner Edward F. Davis, standing alone and solemn at police headquarters, said yesterday it did not appear officers used excessive force on the night of the Celtics championship victory when they arrested a 22-year-old Brookline man who stopped breathing while in police custody and died in the hospital 11 days later.

But as Davis left myriad questions unanswered over the brief but fatal encounter between police and David Woodman, vows and calls for investigations rang through Boston.

Mayor Thomas M. Menino said any probe should be swift. Suffolk County District Attorney Daniel F. Conley assigned a senior homicide prosecutor to work with police, in an investigation he said would be "neutral, impartial, and beholden only to the facts." And the lawyer for the family, Howard Friedman, reached out to the US Attorney and FBI in Boston, asking them to investigate Boston police actions on June 18.

"Obviously, we can't trust Boston police officers investigating other Boston police officers," said Friedman, during a press conference in his North End office.

In another twist to the case, officials confirmed that all nine police officers - eight patrol officers and a sergeant - involved in the confrontation with Woodman went immediately to the hospital after Woodman was rushed from the scene, to be treated for "stress-related injuries."

Thomas Drechsler, the lawyer for the patrolmen's union, said the officers had been thoroughly interviewed by that Thursday night - within 48 hours of the occurrence.

Much of the focus of yesterday was on the 6 minutes that Woodman was lying on the ground after his arrest for allegedly drinking in public and resisting arrest.

Davis vowed a thorough investigation into the actions of the officers, as the Woodman family questioned the differing times police gave for when officers noticed Woodman stopped breathing. Police later said Woodman went into cardiac arrest. Jeffrey and Cathy Woodman of Southwick have accused police of not providing their son prompt medical attention.

"I am committed to an impartial and transparent review of this incident," Davis said. "It is devastating to the department and our city when a tragedy occurs on a night intended for celebration."

Last Friday, Woodman seemed to be improving, and his doctors at Beth Israel Deaconess Medical Center were talking to his family about releasing him and sending him to rehabilitation, according to Friedman. But early Sunday morning Woodman's condition worsened and he died.

The death of the former Emmanuel College student recalled the 2004 killing of 21-year-old Victoria Snelgrove, the Emerson College student who died after a police officer shot a pepper pellet that struck her in the eye during a raucous Red Sox victory celebration.

A police spokeswoman said the eight officers and sergeant who arrested Woodman had provided "consistent statements" about what happened. Police are awaiting final autopsy results from the state medical examiner.

Woodman's family wants an independent autopsy.

Two officials, one of whom works in law enforcement, said the initial autopsy showed that Woodman had an enlarged heart.

Woodman was born with a condition known as Transposition of the Great Arteries, which led to an enlarged right ventricle. Doctors at Beth Israel Deaconess told the family that Woodman did not have a heart attack, but they were still trying to determine what led him to stop breathing that night. His parents pointed out that he led an active life and played basketball and baseball.

"The idea that he suddenly stopped breathing goes totally against his health and what we've been told," Cathy Woodman said in an interview with the Globe Thursday at the hospital. "The idea that [police] came to his aid, that's not true. They made this happen."

The US attorney's office declined to comment, and the FBI said it had not been notified yet of the case.

On the night of the occurrence, Woodman and his friends went to Boston Billiard Club in Kenmore Square to play pool and watch the game. Afterward, they headed home. Woodman's friends told the Globe he was carrying a plastic cup of beer as they passed a group of uniformed officers at the Fenway and Brookline Avenue.

One friend, who spoke on condition of anonymity, said Woodman loudly said, "Wow, it seems like there's a lot of crime on this corner."

One of the officers yelled "Hey you," and several officers grabbed Woodman, pushing him against the fence and slamming him to the ground, the friend said.

"They dropped him really hard. It looked like he needed help," said the friend, adding that Woodman was motionless and quiet on the ground.

The officers then yelled at the friends that they would be arrested if they didn't leave, two of the friends said.

"We were so intimidated," said the first friend. "There were so many police officers we felt there was nothing we could do."

Friedman said he believes at least 4 to 5 minutes passed before the police noticed Woodman was not breathing and began to administer cardio-pulmonary resuscitation.

Davis said that Woodman tried to flee, resisted arrest, and was extremely drunk.

His friends said Woodman was drinking but was not intoxicated.

Friedman questioned why police's initial reports stated that as officers attempted to handcuff Woodman, they immediately realized he had stopped breathing.

Davis said that police noticed Woodman had stopped breathing between 12:47 and 12:53 a.m., while he was lying face down with his hands handcuffed behind his back. The officers immediately took off the handcuffs and began to administer CPR, as other officers called for an ambulance, Davis said.

No pepper spray or batons were used, he said.

"It appears from the evidence we have reviewed thus far that officers did not use excessive force," he added.

Richard Serino, chief of Boston Emergency Medical Services, said yesterday that the first call from police for an ambulance at 12:47 a.m. was a low-priority call for a drunken man on the ground, who was already being attended to by officers. Then at 12:53 a.m., police urged EMS to "please push" because the man was unconscious, according to Serino, who said it became a top priority.

Although police indicated the EMS ambulance arrived at 12:58, Serino said he believed it arrived minutes earlier, but he was still reviewing tapes of the incident.

At the hospital, doctors realized Woodman had suffered significant brain damage. He was placed in a medically-induced coma, according to his family. He awoke June 23 and was able to speak and smile. But he was not coherent, Friedman said, and he had no memory of what had happened.

Police have given scant information to the family, Friedman said. "The Woodman family wants to know what happened to their son," he said.

Drechsler described the officers as "fine, well respected officers with excellent reputations who dedicated themselves to the task of attempting to assist this person that morning when it became clear he was in distress."

Woodman had run-ins with the law. In June, 2007, he was arrested by Northeastern University police after allegedly jumping on top of car hoods and trunk, according to Boston police. A warrant was put out for his arrest after he missed a court date on the charges. Police union officials have said that is why Woodman might have tried to run from police.

Friedman said Woodman's friends denied Woodman ran.

He called on the department to release the names of the eight officers and sergeant on the scene that night.

"While they're so concerned about slinging mud about Dave Woodman, we haven't even been told the names of the police officers involved in this incident much less whether any of them have any allegations on their records," Friedman said. "We feel that if this is going to be an open investigation . . . the Police Department should let us know the names of the officers involved."

Elaine Driscoll, police spokeswoman, said the names of the officers and their background will not be released until the investigation is completed.

Maria Cramer can be reached at mcramer@globe.com., Shelley Murphy can be reached at shmurphy@globe.com.