By Denise Lavoie, The Associated Press
BOSTON (AP) - An independent panel headed by former U.S. Attorney Donald K. Stern will investigate the death of a college student who was shot by police using pepper pellet guns to subdue rowdy Red Sox fans after the team won the American League pennant.
Police Commissioner Kathleen M. O’Toole announced the external probe Tuesday afternoon, as allegations continued to surface that some of the officers who fired the guns were not trained in their use and may have used excessive force.
“I believe it is both necessary and in the best interest of the Department to embrace external input and review,” O’Toole said.
Victoria Snelgrove, a junior at Emerson College, was killed last week when she was hit in the eye by a pellet fired by police as they tried to control the situation outside Fenway Park after the Red Sox beat their archrivals, the New York Yankees.
Two of the officers who fired pepper balls into the crowd weren’t trained to use the weapons, The Boston Globe reported Wednesday.
Quoting two anonymous sources, including an officer involved with weapons training at the Boston Police Department and an individual briefed on the investigation, the newspaper said Deputy Superintendent Robert O’Toole fired at a group of students who were climbing the girders behind Fenway’s left field wall.
Robert O’Toole, who was not trained to use the guns, then handed his weapon to patrolman Richard Stanton, who declined to fire it because he also hadn’t been trained, the sources said.
O’Toole handed another gun to patrolman Samil Silta, who also told O’Toole he wasn’t trained to use it. But Silta fired into the crowd anyway, the Globe reported. Another officer who fired into the crowd, patrolman Rochefort Milien, was trained to use the guns, the sources said.
Commissioner O’Toole, who is not related to Robert O’Toole, did not comment on the Globe’s findings.
The manufacturer of the guns, FN Herstal, trained 29 Boston police officers to use the weapons, said Bucky Mills, deputy director of law enforcement sales, marketing, and training for the company. Mills said during the training, officers are repeatedly told never to intentionally target the neck or head.
Hundreds of mourners paid their final respects to Snelgrove Tuesday at an East Bridgewater church where her pastor denounced the behavior of the fans
“I don’t know why some people feel it’s their God-given right to riot, to destroy property and cause mayhem,” the Rev. Wally Keymont said. “It is destructive and it is deadly.”
Friends, family and dignitaries - including Gov. Mitt Romney, Boston Mayor Thomas M. Menino and Commissioner O’Toole - filled St. John’s church for the funeral Mass.
At least two other fans besides Snelgrove were struck by the pellets. Paul Gately, 24, of Cambridge was struck in the face and torso, requiring stitches to patch a hole in his cheek. Kapila Bhamidipati, of Bridgewater, N.J., was struck in the temple and said doctors had to remove small pieces of plastic from his forehead and found a large piece embedded under his skin.
The external review panel will also include Janice Howe, a former state prosecutor and an expert on product liability cases. Other committee members may be named soon, Commissioner O’Toole said in a statement.
“By taking this step, I hope I have reinforced my promise to the Snelgrove family and the City of Boston that I am committed to an open and transparent process of accountability,” she said.
Stern was the U.S. attorney for Massachusetts from 1993 to 2001. He was best known for prosecuting mob figures, including fugitive Winter Hill Gang leader James “Whitey” Bulger and his partner, Stephen “The Rifleman” Flemmi.
He also pursued influential players on Beacon Hill, including former House Speaker Charles Flaherty, who eventually pleaded guilty to tax evasion.
Stern has been tapped as an independent investigator before. Acting Gov. Jane M. Swift appointed him in 2001 to lead a seven-member commission to probe problems at the Suffolk County sheriff’s department.
Calls to Stern and Howe were not immediately returned.
Thomas J. Nee, president of the Boston Police Patrolmen’s Association, had no comment Tuesday night on the announcement of the independent panel.
There are two police investigations of the shooting already underway: one by homicide detectives and another by the department’s internal affairs division, said Commissioner O’Toole, adding that she had the “utmost confidence in the professionalism and integrity” of those conducting the investigations.
“Witnesses are being interviewed, evidence is being collected, and it is being done in a professional and impartial manner,” she said.
O’Toole was appointed commissioner in February, just days after the riots that followed the New England Patriots’ Super Bowl victory, which left one man dead.
She ordered an investigation that found police leaders didn’t put enough officers on the street that night. As a result of the report, she reassigned some police brass and apologized to the city.