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Preliminary investigation finds patient's shooting was justifiable

E-mail|Link|Comments () October 29, 2009 05:01 PM

By Maria Cramer and Brian R. Ballou, Globe Staff

The killing of a knife-wielding patient at a bipolar clinic earlier this week appears to have been a justifiable shooting, Suffolk District Attorney Daniel F. Conley said today, based on a preliminary investigation.

Conley emphasized that the probe remains "ongoing and active," but he said the evidence at the scene, off-duty security guard Paul Langone's statements to police, and witness accounts all "indicate Mr. Langone acted lawfully," Conley said at a news conference.

He also said there was "strong evidence" that Langone's actions may have saved the life of Dr. Astrid Desrosiers and others.

Langone fired multiple shots at about 2 p.m. Tuesday inside the clinic near Massachusetts General Hospital, striking the patient, Jay Carciero twice, Conley said.

When police rushed to the scene, Langone identified himself as the shooter, said he had a gun, and turned it over to police, Conley said. Langone later submitted to an extensive interview by investigators.

Attorney James Perullo, who is speaking for Carciero's family, today questioned why Langone shot Carciero multiple times, calling the action "rash."

"I can appreciate that Jay is someone who may have needed to be shot in that environment," said Perullo, stressing that he was speaking for himself and not the Carciero family. "Philosophically, I have problems with it, but I can accept the concept."

Asked whether the family is considering a wrongful death lawsuit against Langone, Perullo said he had no comment. Jake Wark, spokesman for the district attorney, declined to discuss Perullo's statements.

On Tuesday afternoon at the clinic, Carciero had forced Dr. Desrosiers to the ground and was on top of her, attacking her with a knife, Conley said.

Hearing the doctor's screams, Langone entered the office and saw Carciero on top of the doctor. He drew his personal firearm for which he has a valid license and instructed Carciero to to drop his weapon, Conley said.

When Carciero did not comply, Langone fired multiple times, striking Carciero twice.

"There is evidence to suggest that he did turn towards Mr. Langone," Conley said at the news conference this afternoon.

Desrosiers has not been interviewed by police yet because of her injuries.While she is expected to survive, she remains in "grievous medical condition," he said.

Conley said that since both men came from the town of Reading investigators had probed whether there was any link but found that there was none.

Langone's father, Paul Langone Sr., told WHDH-TV after the news conference that he was "100 percent positive that when this investigation is complete, he will be completely exonerated. … I am very proud of my son. It is impossible for a father to be more proud of his son than I am."

The father said that Carciero "came at my son more than once with the knife. … swung at him once and then a second time came at him."

At the same time, he said, "We are very sorry for the loss of life."