DA: Fatal police shooting near Braintree apartments was justified after officers 'ambushed'
BRAINTREE – Norfolk County District Attorney Michael Morrissey has cleared three Braintree police officers of wrongdoing in the shooting death of a man outside the Braintree Village apartment complex in June.
Morrissey said in a letter Wednesday to Braintree Police Chief Mark Dubois that the shooting death of Brockton's Andrew Homen, 34, was justified. He said officers shot Homen after he first opened fire. Two officers were shot and a police K-9, Kitt, was killed in the firefight.
Homen was armed, resisting arrest, didn't put down his gun when ordered and shot at officers and Kitt, which made the officers actions reasonable and justified, Morrissey said in the letter.
Braintree police did not respond to requests for comment.
Homen shot and injured officers Matthew Donoghue, 34, and Bill Cushing, 44. He also fired the bullet that killed K-9 Kitt, authorities said. Both Donoghue and Cushing required surgery after the firefight.
Donoghue, Cushing and uninjured officer Richard Seibert all shot at Homen after they found him in the woods. Morrissey's letter outlines the most complete narrative to date of the events leading up to and following Homen's death.
Read the DA's letter: Norfolk DA's letter finding Braintree PD's shooting of Andrew Homen to be justified
On June 4, 2021, a woman called 911 and said Homen attacked her, tried to choke her and held a gun to her head, the narrative states. After she called 911, Homen left the apartment complex and ran into the wooded area nearby bordered by the MBTA commuter rail tracks and Commercial Street. The woman told police Homen was armed with two guns, which police later found on him, Morrissey said in the letter.
After watching video surveillance of Homen running into the woods, officers set up a "security perimeter" and crafted a plan to "track and attempt to apprehend" Homen. Cushing and Kitt, who was on a 15-foot leash, led the search. Siebert and Donoghue joined him.
Kitt picked up a trail, and 45 minutes after Homen walked into the woods, Cushing said he saw someone behind a rock a few feet away. Cushing said he starting yelling "Show me your hands," Morissey wrote.
June 5, 2021: Second Braintree police officer shot in firefight released from South Shore Hospital
"As K-9 Kitt advanced toward Homen, the subject fired three rounds in quick succession," Morrissey said. He described the shooting as an "ambush."
Both Cushing and Donoghue fired at Homen. Cushing said he emptied his magazine after a gun was pointed at him. Donoghue said he saw the silhouette of a person behind heavy brush and the muzzle flash of a gun fired in his direction. He returned fire as he moved toward Homen.
Siebert said he heard Cushing yelling for Homen to drop the gun, saw the dog leap and fall backward and saw a muzzle flash from Homen's gun.
Siebert, carrying a rifle, shot at Homen before learning Cushing and Donoghue were hit. He fired an additional eight to 10 times, Morrissey said in the letter.
Siebert then provided emergency aid to Cushing and then Donoghue.
A pathologist told the district attorney's office that Homen's autopsy revealed 19 entrance and exit wounds on his body.
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A ballistics report said Cushing's pistol, which had a capacity of 10 bullets, was empty. Siebert fired an estimated 21 times at Homen, based on the number of bullets left in his rifle's magazine. Donoghue, armed with the same pistol as Cushing, emptied his magazine, reloaded and fired again. He had eight live rounds left.
Homen's .40-caliber pistol had one bullet in the chamber and one in the magazine. The magazine's capacity was 14 bullets. His other pistol, a revolver, was full and had not been fired.
Read our past coverage
June 4, 2021: Police officers shot in Braintree firefight are in ‘stable condition’
June 5, 2021: Second Braintree police officer shot in firefight released from South Shore Hospital
June 8, 2021: Braintree residents back the blue following shooting
June 11, 2021: Second Braintree police officer shot in firefight released from South Shore Hospital
July 12, 2021: Cornhole tournament in memory of slain Braintree police dog draws hundreds
June 14, 2021: Braintree police canine Kitt 'died a true hero' protecting officers, officials said
Dec. 1, 2021: Norfolk DA's letter finding Braintree PD's shooting of Andrew Homen to be justified
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Reach reporter Wheeler Cowperthwaite at wcowperthwaite@patriotledger.com.
This article originally appeared on The Patriot Ledger: DA clears 'ambushed' Braintree officers in fatal shooting
