BOSTON, MA — A police officer charged with manslaughter in connection with a fatal shooting earlier this year returned to court Tuesday as his case continues to move forward.
Nicholas O'Malley, 34, appeared in Suffolk Superior Court for a hearing focused on discovery, the process in which prosecutors and defense attorneys exchange evidence ahead of a potential trial. O'Malley has pleaded not guilty to manslaughter in connection with the March 11shooting death of 39-year-old Stephenson King Jr.
O'Malley's defense filed several motions in September seeking additional evidence in the case, including King's criminal record, documents from the medical examiner's office and police training materials. The defense also sought information related to King's prior violent conduct based on state case law relevant to self-defense cases.
Attorneys are also seeking additional information related to a closed-door meeting in which the Suffolk County District Attorney's Office discussed the case.
O'Malley's defense previously filed a motion to dismiss the case in August along with related documentation. Those filings have been sealed, and court records do not indicate that a judge has ruled on the motion.
The charge stems from an incident near Tremont Street and Linwood Square in Roxbury after police located a vehicle that had allegedly been taken during a carjacking. Prosecutors said King initially showed his hands but remained inside the vehicle before O'Malley warned that he would shoot. King then put the vehicle in reverse and struck an unoccupied police cruiser.
King subsequently maneuvered the vehicle in an apparent attempt to flee. As he was completing a three-point turn and beginning to drive away, O'Malley fired three shots into the driver's side of the vehicle. All three rounds struck King, and he was later pronounced dead.
O'Malley told investigators he believed King was attempting to run over him and fellow Officer Todd Ho. However, prosecutors have said body camera footage, surveillance video and witness statements indicated neither officer was in the vehicle's path when the shots were fired.
O'Malley was initially charged with manslaughter days after the shooting before a grand jury indicted him in June, moving the case to Suffolk Superior Court. He pleaded not guilty following the indictment and was released on his own recognizance.
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