Fall River settles civil rights lawsuit related to 2016 stun gun death, but denies wrongdoing
FALL RIVER — The city has settled another civil rights lawsuit against the city and the Fall River Police Department for $315,000 in the Taser-related death of a 48-year-old man in May 2016.
Scott Macomber went into cardiac arrest in the back of a cruiser after police took him into custody at a Mount Hope Avenue apartment on May 16, 2016, after he struggled with police.
Police had entered the apartment in search of another occupant who had outstanding warrants for shoplifting.
Macomber was later pronounced dead at Saint Anne’s Hospital.
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Settlement agreement
The civil rights lawsuit was filed in federal court in Boston in July 2019 by the mother of Macomber’s son, Barbara Robinson.
As part of the settlement agreement, Robinson will drop her lawsuit against the city and three police officers involved in the incident, Joshua Carreiro, Shane Galus and Jonathan Ferreira.
In the agreement, the city denied any wrongdoing in the incident and allegations made against the officers.
“The City of Fall River and the Fall River Police Department steadfastly deny all allegations of wrongdoing, and believe that the plaintiffs’ claims are legally and factually without merit. Nonetheless, the City has agreed to resolve this lawsuit in order to avoid the burden and expense of extensive and prolonged legal proceedings, and to avoid the uncertainty of a jury trial,” said Corporation Counsel Alan Rumsey.
The three officers were cleared after an investigation by the Bristol County District Attorney's office 10 months after Macomber’s death.
In a 23-page report, the DA found Macomber had escalated the situation when he attempted to stop police from arresting the woman they were originally looking for, who had an outstanding warrant for shoplifting.
A payment schedule to Robinson, who lives in Maine, is also included in the agreement with the city making an initial $50,000 payment and two subsequent $132,500 payments.
Macomber suffered cardiac arrest after Taser deployed
Robinson’s lawsuit outlined the occurrences the day that Macomber died, alleging Macomber was at home asleep on his day off from his job at Fall River Country Club when police entered the Mount Hope Avenue apartment without consent and without a warrant.
Also living at the home was Macomber’s cousin, Lisa McNally, who was in the process of ending her relationship with her former boyfriend, Frederick Garfield.
The lawsuit alleged that Garfield had been aware that McNally was wanted on an outstanding warrant and approached officer Carreiro with the information. Garfield offered to lure McNally out of the apartment so she could be arrested.
Carreiro reportedly requested backup from Galus and Ferreira.
Garfield texted McNally requesting that she go outside to see her son, which she did, but then she hurried back in the house saying, "Don’t let him get me."
Robinson, who also lived at the Mount Hope Street apartment and was home at the time, claimed to have heard a commotion and saw another occupant holding the door shut as Carreiro attempted to enter the apartment.
Robinson told the woman to step aside and Carreiro entered the home, looking for McNally.
The lawsuit indicates that’s when Macomber woke up, due to the noise, and reportedly found the police officer banging on the closed door of his 14-year-old son.
A struggle ensued between Macomber and the three officers while Galus stunned Macomber in the back three times.
The stun gun was in a “drive stun” mode which requires direct contact rather than the deployment of prongs from a distance to incapacitate a suspect.
Macomber was arrested and went into cardiac arrest inside the police cruiser while Fall River rescue was heading to the scene.
Police related lawsuits
The settlement in the Macomber death is the latest of civil rights lawsuits settled or pending involving the Fall River Police Department.
In spring 2019, the city settled civil rights and excessive force lawsuit involving two Fall River officers — Michael Pessoa and Andrew DeMelo — for $225,000.
In 2010, the city settled another lawsuit involving Pessoa for $12,000 brought by 16-year-old boy who suffered an injury to his spleen.
A grand jury handed up 15 counts of excessive force-related charges in June 2019 against Pessoa for allegedly injuring four people during their arrests. Pessoa is out on $5,000 cash bail.
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Earlier this year, David Lafrance, one of the four alleged victims identified in grand jury, filed his lawsuit against the city, which is still pending in federal court.
In April 2021, the city settled another lawsuit against Pessoa for excessive force brought by Kimberly Viera for $32,000. She alleged that back in October 2017, Pessoa assaulted her after taking her into custody after she videotaped Pessoa and another officer after they detained two of her friends.
The city is also facing a multimillion-dollar lawsuit filed in federal court by the family of 19-year-old Larry Ruiz-Barreto, who was shot five times in his vehicle after a drag racing incident in the Industrial Park in November 2017 by Fall River patrolman Nicholas Hoar.
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And city attorneys are currently in Bristol County Superior Court in Taunton defending a state civil case brought against the police department by former Fall River environmental police officer Lisa Ann LeFleur. She's alleging sexual discrimination by fellow officers and former chief of staff under former mayor Jasiel Correia II and retired police sergeant Michael Hoar in 2017.
Michael Hoar is the father of patrolman Nicholas Hoar involved in the Industrial Park shooting.
LeFleur's trial began on Monday and is expected to continue through the week.
Jo C. Goode may be reached at jgoode@heraldnews.com. Support local journalism and subscribe to The Herald News today!
This article originally appeared on The Herald News: Fall River settles lawsuit against police, city over stun gun death
