No charges in a deadly cruiser crash
Suffolk District Attorney Daniel F. Conley criticized the judgment of a Boston police officer yesterday, but said there was not enough evidence to bring criminal charges against him for causing a car crash that killed a 36-year-old South Boston woman last year.
At the same time, Conley told Police Commissioner Edward F. Davis in a five-page letter that the death of Ann-Marie McNally should lead to changes in how the department trains its officers - including the driver involved in the crash, Officer Jesse Stots - to drive during emergencies.
"I am deeply troubled by this case and conclude that it was an unnecessary and avoidable tragedy," Conley wrote. "This investigation highlights a serious and ongoing public safety issue. . . . An officer's response should never create a risk of danger to the public that is greater than the danger necessitating the response."
The investigation of the Nov. 10, 2007, crash by State Police assigned to Conley's office found that Stots was responding to an officer-in-trouble call and was driving 51 miles per hour when he turned into the intersection of D Street and West Broadway, where he broadsided McNally's Saab as she tried to maneuver out of the marked cruiser's path. The speed limit in that area was 30 miles per hour.
McNally's car was struck on the driver's side at 1 p.m., and the car was pushed diagonally across the intersection into a utility pole before coming to rest against a building, Conley's office said. Investigators cleared McNally.
"At all times, Ms. McNally acted cautiously and reasonably and bears no responsibility for the collision," Conley wrote.
Responding to Conley's criticism, Davis said through department spokeswoman Elaine Driscoll that he believes that the department's training meets the requirements of state law.
Still, Davis said he plans to contact nationally recognized specialists to see if and how the department's training can be upgraded. He said Stots, whom he did not mention by name, will be investigated by the Internal Affairs Unit.
The statement offered condolences to the family of McNally, who grew up in Braintree.
"Commissioner Davis, on behalf of the entire Police Department, wishes to express our most heartfelt sympathy to the family and friends of Ann-Marie McNally," he said in the statement.
McNally's relatives, including her parents, were personally briefed by Conley on the outcome of the investigation.
In a statement released by David G. Eisenstadt, their Boston attorney, the McNally family said they hope police embrace Conley's suggestions.
"The family hopes that no other family will endure such a horrendous tragedy as they have endured because of reckless action," McNally's family said in the statement. "District Attorney Conley has set the roadmap for improving the system so, hopefully, this doesn't happen again. Now, it's up to the Boston Police Department."
Stots has not returned to work since the crash, police said yesterday.
Thomas Drechsler, the lawyer for the Boston Police Patrolman's Association and Stots's attorney, welcomed Conley's decision not to file motor vehicle homicide charges against his client.
"It's a terribly tragic accident," Drechsler said. "Officer Stots was acting in good faith. He was, in fact, responding to an officer-in-trouble call."
Conley said Stots told investigators the light was green when he turned onto West Broadway. But an eyewitness contradicted the officer and told investigators McNally had the green light at the time of the crash.
Conley said that even if the light was red, the courts have ruled that a police officer who runs a red light may not have acted negligently. And, he said, Stots was responding to a legitimate public safety emergency.
"Under all of the circumstances, the Commonwealth would not sustain its burden of proof in a criminal prosecution," Conley wrote.
But he also faulted Stots.
"Stots's failure to slow his vehicle as he entered the intersection represents a serious lapse in judgment," Conley said.
John Ellement can be reached at ellement@globe.com.
