A police firearms officer is being investigated for potential homicide offences after an unarmed man was shot dead.
Sean Fitzgerald, who was 31, was shot dead in January 2019 as he fled from a house in Coventry during an intelligence-planned raid by West Midlands police officers. Fitzgerald died after receiving a single gunshot wound to the chest.
The Independent Office for Police Conduct (IOPC) had previously said the officer was not the subject of a criminal investigation relating to the death of Fitzgerald.
In April of last year, the firearms officer who shot Fitzgerald was served with a gross misconduct notice, although the IOPC did not call for the officer to be criminally investigated.
However, the IOPC said on Monday it had now decided to conduct a criminal investigation.
In a statement, Derrick Campbell, the IOPC regional director for the Midlands, said that the IOPC had “revisited” its position following a review of evidence obtained and legal advice.
Campbell said it did not mean that criminal charges would necessarily follow.
“At the conclusion of our investigation, we will decide whether to refer the matter to the Crown Prosecution Service to consider whether any charge(s) should be brought,” he said. “This was a tragic incident that led to a man losing his life and our thoughts remain with all of those affected by Mr Fitzgerald’s death.”
The family of Fitzgerald, who have previously called for a criminal investigation to be opened following his death, welcomed the decision,.
Liam Fitzgerald, Sean’s brother, said: “From very soon after Sean’s death, it has been my belief that this should have been a criminal investigation. I now hope that the investigation is concluded quickly and that a decision to bring criminal charges will follow.”
He added: “Sean was completely unarmed when he was killed, and I believe the force used was unnecessary and disproportionate.”
Three murder or manslaughter charges have been brought against police involved in fatal shootings since Inquest began recording these incidents since 1990, it says. In all cases, the officers were found not guilty or the trial collapsed.
Deborah Coles, the director of Inquest, said while the IOPC’s decision was welcome, the fatal shooting of Fitzgerald “raises serious questions and concerns, and requires the utmost scrutiny”.
She added: “Accountability to the criminal standard for police officers or forces involved in deaths is rare, leading to concerns that police are too often above the law. It is essential that fatal use of force by police is examined with this high level of scrutiny.
“We hope this criminal investigation is conducted promptly, rigorously and sensitively in order to establish the truth and hold those responsible for any wrongdoing to account.”
