By John R. Ellement
The Boston Globe
BOSTON — Suffolk District Attorney Daniel F. Conley today decided against prosecuting a Boston Police officer whose cruiser collided with another vehicle in South Boston in November, killing the woman who was driving the second car.
But Conley told Boston Police Commissioner Edward Davis in a letter that the death of Ann-Marie McNally and the actions of Officer Jesse Stots highlighted a need for increased training on safe driving techniques for officers responding to emergencies.
“The investigation was thorough and exacting,” Conley said in a statement. “While it did not develop evidence sufficient to charge the officer criminally, the facts make clear that certain specific training is necessary to ensure responding officers do not present a danger greater than the one they’re approaching.”
Stots was stationed at D and Cypher Streets in South Boston on Nov. 10, 2007 when he heard an officer in trouble call from a colleague at Orton Marotta way.
Stots drove southwest on D Street and reached speeds just over 50 m.p.h. before he smashed into McNally’s car at the intersection of D and West Broadway, Conley said. He said McNally was driving southeast on West Broadway, entered the intersection with D Street, paused, and then began to proceed just as the cruiser entered the intersection.
There was evidence Stots tried to avoid the collision, and conflicting accounts by eyewitnesses as to who had the green light, Conley said.
“The evidence is clear that Ms. McNally acted cautiously and reasonably and bears no responsibility for the collision,” said Conley, who used State Police detectives assigned to his office to conduct the investigation.
A McNally family representative, Boston attorney David G. Eisenstadt, said today that the family was reviewing the investigation results and would not be commenting publicly.
Davis, through a department spokeswoman, Elaine Driscoll, said current department policies are consistent with state law. However, Davis plans to reach out to “nationally recognized experts” to see if current practices can be improved. Stots will also be the subject of an internal department investigation.
“Commissioner Davis, on behalf of the entire police department, wishes to express our most heartfelt sympathy to the family and friends of Ann-Marie McNally,’' Driscoll said in a statement.
Copyright 2008 The Boston Globe