No Charges for Braintree Officers Involved in Fatal Shooting

Originally published on Aug. 3, 2016.

BRAINTREE, MA — The Braintree police officers involved in a March incident that ended with the fatal shooting of Robert L. Dussourd will not face charges.

Wednesday afternoon, the Norfolk County District Attorney's office released the results of their investigation into the incident. In a letter to Police Chief Russell Jenkins, District Attorney Michael Morrissey said the officers were justified in their actions due to the circumstances of the situation.

"The consistent narrative of civilian statements, law enforcement statements, and physical evidence present at the scene led me to conclude that responding Braintree police gave appropriate and continuous warnings, deployed multiple types of non-lethal commands and actions, and took other steps consistent with their training and experience to safely and subdue Mr. Dussourd," Morrissey wrote.

During the early hours of March 24, police responded to a domestic disturbance on Liberty Street. The caller told police that the suspect, identified as Dussourd, had a knife. Sergeant Charles Bata and Officer Richard Hale searched the area for the suspect while officers from Braintree and Holbrook created a police perimeter, according to Morrissey's report.

A canine was able to locate Dussourd laying under a car on East Division Street. Officer William Cushing warned Dussourd to get away from the car or the canine would be used. Officers say Dussourd responded with profanities and threats to kill the officers.

Dussourd got up and tried to take something out of his pocket just as Cushing used his canine. Dussourd was bitten by the dog, with officers commanding the suspect to get on the ground.

Police say Dussourd had a knife and again threatened to kill the officers while attacking the canine. Bata attempted to push Dussourd to the ground, but he was able to stand up with the knife. With Dussourd refusing to comply with verbal commands, officers fired three rounds from a non-lethal beanbag gun. Dussourd continued to hold the knife and yelled at police that he was going to stab them.

Dussourd then walked towards Cushing with the knife, swinging his arm in a windmill-like motion, according to the DA's report. With Dussourd within two or three feet of him, Cushing fired two rounds from his gun before Dussourd fell to the ground.

Officers began first aid on Dussourd and called for medical assistance. He was taken to South Shore Hospital, where he was pronounced dead at 3:07 a.m.

No further action will be taken by the DA's office against the officers at the scene.