Framingham officer won't face charges in fatal shooting of 68-year-old man, DA says

By Lisa Kocian, Globe Staff

The death of a retired 68-year-old bus MBTA mechanic who was shot by a Framingham police officer during a drug raid at his home was an accident, according to a statement today from the Middlesex District Attorney’s Office.

The actions of Officer Paul Duncan ‘‘do not rise to the level of criminal conduct,’’ and ‘‘do not support a criminal charge,’’ the statement said.

Eurie Stamps was shot and killed Jan. 5, at his home on Fountain Street, when a Framingham SWAT Team entered the apartment on a search warrant based on the suspicion that Stamps’ stepson and another suspect were allegedly distributing crack cocaine.

When the shooting occurred, Stamps was lying on his stomach on the floor as instructed by the SWAT Team. Duncan had decided to secure Stamps’ hands behind his back and check him for weapons, when he lost his balance, according to the investigation by the DA’s office and Massachusetts State Police.

“While falling, Officer Duncan removed his left hand from his rifle, which was pointing down towards the ground, and put his left arm out to try and catch himself. As he did so, he heard a shot and then his body made impact with the wall,” according to the statement from the DA’s office.

Duncan immediately yelled “man down, man down,” and medics were called, according to the statement. Stamps was taken to MetroWest Medical Center, where he was later pronounced dead.

“My sincerest condolences go out to Mr. Stamps’ family and many friends for what is an extremely tragic and sad incident,” said Middlesex District Attorney Gerard Leone in the statement.

Stamps’ stepson Joseph Bushfan, who had just left the address when the SWAT Team arrived, was charged with a drug distribution violation occurring in or near a school zone, possession of cocaine with intent to distribute, and conspiracy to violate the drug laws.

Devon Talbert, Bushfan’s cousin, who was found in the apartment, was also charged with a drug violation occurring in or near a school zone, possession of cocaine with intent to distribute, and conspiracy to violate the drug laws.

Both men, who were 20 at the time of arrest, had violent criminal histories, according to the DA’s statement, and the home had been under surveillance for weeks before the incident.

Attorneys for both pleaded not guilty on behalf of their clients.

Lisa Kocian can be reached at lkocian@globe.com.