UPDATE: Police-Involved Shooting Ruled Not a Crime

Photo via WHDH/Channel 7 News

BEVERLY, MA - The Beverly police officer involved in a fatal shooting in October bears no criminal responsibility, according to an investigation by the Essex County District Attorney’s office.

Essex District Attorney Jonathan W. Blodgett completed his investigation of the October 10, 2015 fatal police shooting of Christopher Whitmarsh, 49, of Hamilton, and released his findings today.

“The investigation found that Mr. Whitmarsh failed to respond to Beverly Officer April Clarizia’s command to stop and exit his vehicle after he rammed the officer’s police cruiser and another vehicle multiple times. Officer Clarizia reasonably believed that she and two civilians were in danger of serious injury or death and, therefore, bears no criminal responsibility for shooting Mr. Whitmarsh,” Blodgett said.

In addition to the DA’s investigation, Beverly Police Chief John G. LeLacheur announced on Wednesday that after an internal investigation aided by State Police, he has concluded that Clarizia’s actions were justified and within departmental guidelines.

“The Beverly Police Department views any loss of human life as a great tragedy,” said LeLacheur. “The Beverly Police Department investigates, reviews, and adjudicates all officer-involved shootings as thoroughly and transparently as possible.”

The district attorney’s investigation included a review of the following: interviews with civilian witnesses who were in the immediate area before, during and after the shooting; interviews with responding police officers, evidence found at the scene, surveillance footage from the area, radio transmissions, photos and videos, information from the Medical Examiner and State Police Crime Scene Services, according to Blodgett.

The investigation found that on October 10, 2015, Beverly Police had received numerous calls from Ruth Whitmarsh reporting a domestic dispute with her husband Christopher and that she was concerned that her husband may try to harm himself.

At approximately 3:00 pm, Beverly Police were notified by Mrs. Whitmarsh that her husband had agreed to meet her at the Cummings Center. Police advised Mrs. Whitmarsh to avoid that area and that they would respond. Shortly after that, Officers Clarizia and Scott LeBlanc responded to the Cummings Center property in separate cruisers.

Officer LeBlanc observed Mr. Whitmarsh’s GMC Envoy enter the parking lot from Balch Street and activated his lights and siren. The Envoy accelerated at a high rate of speed through the parking lot and back onto Balch Street, striking a Toyota Highlander in which Mrs. Whitmarsh was a passenger. The two Beverly Police cruisers were directly behind Mr. Whitmarsh’s Envoy. Mr. Whitmarsh put his Envoy in reverse and struck Officer LeBlanc’s cruiser and then went forward and struck the Highlander again. He did this repeatedly. Mrs. Whitmarsh’s friend, who was driving the Highlander, exited her vehicle and approached the driver’s side of Mr. Whitmarsh’s Envoy.

Officer Clarizia exited her cruiser, pushed the civilian out of the way, and ordered Mr. Whitmarsh to stop and exit his vehicle. When he continued to ram the Highlander and the cruisers, Officer Clarizia, fired her weapon once, through the driver’s side window and striking Mr. Whitmarsh’s left shoulder. She immediately activated EMS, retrieved her medical bag and began to render first aid. Mr. Whitmarsh was transported to Beverly Hospital where he was pronounced dead.

The Essex District Attorney’s Office has referred the matter to the Beverly Police Department.