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Man shot by police in Coventry killed lawfully, jury concludes | Man shot by police in Coventry killed lawfully, jury concludes |
(about 1 hour later) | |
Sean Fitzgerald, 31, was killed on 4 January 2019 in Burnaby Road, Coventry | Sean Fitzgerald, 31, was killed on 4 January 2019 in Burnaby Road, Coventry |
An unarmed man shot dead by police during a drugs raid was killed lawfully, a jury has ruled. | An unarmed man shot dead by police during a drugs raid was killed lawfully, a jury has ruled. |
Former soldier Sean Fitzgerald, 31, died from a gunshot wound to the chest after appearing at a door of a property in Coventry on 4 January 2019. An officer said he thought he was holding a gun but it turned out to be a mobile phone. | Former soldier Sean Fitzgerald, 31, died from a gunshot wound to the chest after appearing at a door of a property in Coventry on 4 January 2019. An officer said he thought he was holding a gun but it turned out to be a mobile phone. |
An inquest jury identified three failures in the police operation, including the level of intelligence and inadequate prior surveillance of premises. | An inquest jury identified three failures in the police operation, including the level of intelligence and inadequate prior surveillance of premises. |
After the verdict, his family said in a statement they were "incredibly disappointed" but welcomed the jury's findings over the police's "planning, preparation and implementation". | After the verdict, his family said in a statement they were "incredibly disappointed" but welcomed the jury's findings over the police's "planning, preparation and implementation". |
Liam Fitzgerald, Sean's brother, held his head in his hands as the jury announced its conclusion. | Liam Fitzgerald, Sean's brother, held his head in his hands as the jury announced its conclusion. |
Speaking afterwards, Sean's niece Callie Fitzgerald said listening to graphic details of her uncle's final moments had been "distressing" and "something that no family should have to endure". | Speaking afterwards, Sean's niece Callie Fitzgerald said listening to graphic details of her uncle's final moments had been "distressing" and "something that no family should have to endure". |
"We've missed Sean every day for the last six years. We now have a lifetime of missing him to go," she said. | "We've missed Sean every day for the last six years. We now have a lifetime of missing him to go," she said. |
West Midlands Police Assistant Chief Constable Damian Barratt said he noted the points raised by the inquest jury and would ensure they were "fully considered" in future operations. | West Midlands Police Assistant Chief Constable Damian Barratt said he noted the points raised by the inquest jury and would ensure they were "fully considered" in future operations. |
He added armed policing was "complex and challenging" and said the force's firearms officers were given "continuous rigorous training" for the "vital and demanding role". | He added armed policing was "complex and challenging" and said the force's firearms officers were given "continuous rigorous training" for the "vital and demanding role". |
'Thought I was going to be shot' | 'Thought I was going to be shot' |
Six years after Mr Fitzgerald's death, the inquest jury was asked to consider two possible conclusions, of lawful or unlawful killing, by the officer who fired the fatal shot. | Six years after Mr Fitzgerald's death, the inquest jury was asked to consider two possible conclusions, of lawful or unlawful killing, by the officer who fired the fatal shot. |
That officer, known as Officer K, as well as a number of others, have had their anonymity protected during proceedings, which began on 7 April. | That officer, known as Officer K, as well as a number of others, have had their anonymity protected during proceedings, which began on 7 April. |
The events that led to the fatal shooting began in 2017, when Warwickshire Police started investigating an organised crime gang it believed was dealing Class A drugs in the Nuneaton, Bedworth and Coventry areas. | The events that led to the fatal shooting began in 2017, when Warwickshire Police started investigating an organised crime gang it believed was dealing Class A drugs in the Nuneaton, Bedworth and Coventry areas. |
As the gang's activities escalated, the investigation was handed over to the West Midlands' Regional Organised Crime Unit (ROCU). | As the gang's activities escalated, the investigation was handed over to the West Midlands' Regional Organised Crime Unit (ROCU). |
ROCU received intelligence claiming lead gang members were expected to be at a property in Burnaby Road for a regular meeting on the day of the shooting. | ROCU received intelligence claiming lead gang members were expected to be at a property in Burnaby Road for a regular meeting on the day of the shooting. |
Within hours, a search warrant and firearms assistance was agreed for a raid on the house. | Within hours, a search warrant and firearms assistance was agreed for a raid on the house. |
The jury was told there was limited information about the layout of the house, but that members of the gang had access to weapons. | The jury was told there was limited information about the layout of the house, but that members of the gang had access to weapons. |
During the inquest, Officer K described to jurors how he had been in the property's garden when he saw a man holding what he thought was a gun. | During the inquest, Officer K described to jurors how he had been in the property's garden when he saw a man holding what he thought was a gun. |
"I thought he was about to shoot us," Officer K said. "I fired one shot at the male to stop his actions. | "I thought he was about to shoot us," Officer K said. "I fired one shot at the male to stop his actions. |
"I honestly thought he was holding a gun in his left hand and was positioning himself to fire... so I shot him before he could shoot me. | |
Mr Fitzgerald died after exiting the property at about 18:20 GMT. | |
Bodycam footage showed him falling to the floor shouting: "My chest, my chest." | |
It was later found that the object in his hand was a mobile phone, and no firearms or Class A drugs were found at the property. | |
Callie Fitzgerald, Sean's niece, said the family were "incredibly disappointed" with Wednesday's verdict | Callie Fitzgerald, Sean's niece, said the family were "incredibly disappointed" with Wednesday's verdict |
Liam Fitzgerald admitted during the inquest his brother had minor involvements with the police over the years and said, although he "wasn't a saint... he didn't have a bad bone in his body". | Liam Fitzgerald admitted during the inquest his brother had minor involvements with the police over the years and said, although he "wasn't a saint... he didn't have a bad bone in his body". |
"He'd had a tough time, losing his mum and then our dad when he was still... relatively young," he told the court. | "He'd had a tough time, losing his mum and then our dad when he was still... relatively young," he told the court. |
Mr Fitzgerald described how his younger brother had joined the Army in 2009 and won the title of "best recruit" during his two years of service. | Mr Fitzgerald described how his younger brother had joined the Army in 2009 and won the title of "best recruit" during his two years of service. |
Scott Moore, who was in the house during the raid, told coroner Sir John Saunders he had heard a chainsaw being used to gain access to the front door. | Scott Moore, who was in the house during the raid, told coroner Sir John Saunders he had heard a chainsaw being used to gain access to the front door. |
The whole incident lasted two or three seconds, he said. | The whole incident lasted two or three seconds, he said. |
Jurors deliberated for five and a half days at Warwick Justice Centre before they reached their conclusion. | Jurors deliberated for five and a half days at Warwick Justice Centre before they reached their conclusion. |
Liam Fitzgerald told the jurors his brother Sean, pictured, "didn't have a bad bone in his body" | Liam Fitzgerald told the jurors his brother Sean, pictured, "didn't have a bad bone in his body" |
The Independent Office for Police Conduct (IOPC) said its almost four-year investigation into the incident, which concluded in December 2023, found sufficient evidence to indicate Officer K "may have breached the police professional standards". | |
Director Derrick Campbell said West Midlands Police had been directed to hold a misconduct hearing, which would be progressed on the conclusion of the inquest. | Director Derrick Campbell said West Midlands Police had been directed to hold a misconduct hearing, which would be progressed on the conclusion of the inquest. |
He added the IOPC would "carefully review" whether any additional evidence heard during the inquest impacted its previous decision making, which included that evidence did not meet the threshold for a referral to the Crown Prosecution Service over criminal charges. | |
Follow BBC Coventry & Warwickshire on BBC Sounds, Facebook, X and Instagram. | Follow BBC Coventry & Warwickshire on BBC Sounds, Facebook, X and Instagram. |