Brookline Off Duty Officer Who Pulled Gun On Men Disciplined

BROOKLINE, MA — A police officer has been suspended without pay after a review of his actions earlier this summer in drawing a gun on and detaining two men after a minor crash on Route 9. Town Administrator Melvin Kleckner said officials acted after reviewing the findings of a hearing officer.

"Officer [Stephen E.] Burke will be serving a suspension without pay for a lengthy period of time, be subjected to additional supervision, will engage in required re-training, and must satisfy other requirements to continue in his employment as a Brookline Police Officer," Kleckner said in a statement.

It's unclear how long the suspension will last and what additional supervision or retraining might involve. Police referred Patch to Kleckner, who declined to comment further.

According to a report on the original crash, Burke, who was off duty, was driving west on Route 9 near Norfolk Street when a BMW swerved into his lane, striking the passenger side of his truck.

Burke later told other officers that he had started to pull over to exchange paperwork with the other driver, but the driver kept going instead. He said he then pulled back into slow-moving traffic and followed the BMW to the intersection of Boylston and Hammond streets, where the BMW ran a red light, nearly striking pedestrians.

When Burke caught up to the BMW, he got out of his truck and stopped the car as if he were performing an on-duty traffic stop, the report said. At some point he drew his personal firearm. Burke told the two men in the car that he was a police officer and ordered them to get out of the car.

State Police arrived soon afterward after multiple people called in reports that a white man was pointing a gun at a black man who had his hands up on Boylston Street. But it's unclear whether Burke, who is white, saw the faces of the people in the car before pulling them over or drawing his gun.

The BMW driver later admitted to police that he was in an crash as Burke had described, according to the report. But the man, who was not identified because he was not arrested, told police he was looking for a place to pull over and that's why he continued across the intersection.

According to the Brookline Police Department's policies and procedures, officers are not permitted to use their own cars for traffic stops or most other minor violations, with certain exceptions. The policy also outlines how off-duty officers who witness traffic violations can report them: By noting the violator's license number and later issuing a citation in line with department procedures.

Brookline has worked to address implicit bias within the department, leading the way by instituting a number of training programs in racial bias. It was featured in a New York Times article that noted the department was making strides when it came to trying new ways to educate officers about implicit bias.

Previously:

• Brookline Police Officers File New Lawsuit Alleging Racial Bias
• Brookline Cops Alleging Racial Bias Denied Paid Leave
• Former Firefighter's Racism Case Against Brookline Edges

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File photo by Jenna Fisher/Patch Staff: Fisher can be reached at Jenna.Fisher@patch.com or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna).