Lawyer sues trooper in '05 shooting
A Boston lawyer filed a federal lawsuit yesterday against a State Police trooper who fatally shot an unarmed Worcester man after a high-speed chase in Fitchburg in 2005.
In the wrongful death lawsuit, the lawyer, Stephen Hrones, accuses Trooper Donald C. Gray of using excessive force and violating the civil rights of the man he shot and killed, Preston Johnson, a 30-year-old father of three.
As administrator of Johnson's estate, Hrones said in the suit that he is seeking compensatory and punitive damages in addition to lawyer's fees. He did not specify an amount.
State Police declined to comment. Johnson's family and Gray could not be reached for comment.
About 2 a.m. on Nov. 3, 2005, authorities said Gray shot Johnson after a police chase in Fitchburg in what Gray contended was self-defense.
On June 20, 2006, Worcester District Attorney John J. Conte declined to prosecute Gray despite a judge's report that the trooper had engaged in "wanton and reckless conduct," according to court records and lawyers involved in the case.
The pursuit began after Johnson's sport utility vehicle crossed the center line on Route 12 in Fitchburg and nearly hit Gray's marked cruiser, according to reports by Framingham District Court Judge Robert V. Greco, who was assigned to the case.
Gray, accompanied by Fitchburg police Officer Douglas Darton in another marked vehicle, chased Johnson through a residential neighborhood, Hrones's suit said.
The pursuit ended with Darton's car in front of Johnson's and Gray's car behind Johnson, the lawsuit said. Johnson attempted to drive away. Gray fired one bullet toward the SUV, striking him in the head. 