BUPD incident reports re: June 19 shooting

Shawn Musgrave filed this request with the Boston University Police of Boston, MA.

It is a clone of this request.

Status
Rejected

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All incident report for the chase and shooting of a suspect on the afternoon of Friday, June 19, 2015 along the Esplanade and Silber Road footbridge over Storrow Drive.

Per reporting by The Boston Globe (see ): A State Police trooper fatally shot a man on a footbridge over Storrow Drive near Boston University on Friday afternoon after the man allegedly refused to drop a knife and made threats, unnerving passersby in the well-traveled area, officials and witnesses said.

The confrontation — witnessed by several pedestrians and by motorists including Boston’s former police commissioner — began shortly after 2 p.m., when BU police officers on the Esplanade spotted a man who matched the description of a suspect with outstanding warrants out of Roxbury District Court, State Police Colonel Timothy Alben said."

Per the account in BU Today (see https://www.bu.edu/today/2015/state-police-shoot-suspect-on-esplenade-pedestrian-bridge/): "About 2 p.m., BU police officers believed they saw the suspect, but when they approached him, the man, later identified as Laboy, brandished a knife and ran, according to Colonel Timothy Alben, superintendent of the Massachusetts State Police. During the foot pursuit Laboy ran onto Storrow Drive and back onto the Esplanade."

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Didomenica, Peter J

July 1, 2015

Shawn Musgrave
MuckRock News
DEPT MR 18979
PO Box 55819
Boston, MA 02205-5819

Dear Shawn:

Your request below for records of the Boston University Police Department is declined. As a private educational institution, under Harvard Crimson, Inc. v. President And Fellows of Harvard College, 445 Mass. 745, 840 N.E.2d 518 (2006), our records are not "public records" as defined in
General Laws c. 4, § 7, Twenty-sixth, and are therefore not subject to mandatory disclosure under the Massachusetts public records law, G.L. c. 66, § 10. If you would like to pursue these records by subpoena, please forward the subpoena to Sheila O'Leary, Associate General Counsel, Office of the General Counsel, 125 Bay State Road, Boston, Massachusetts 02215. Please contact me with any questions you may have.

Sincerely,

Detective Lieutenant Peter J. DiDomenica
Boston University Police Department
32 Harry Agganis Way
Boston, MA 02215
617-353-3436
pjd@bu.edu<mailto:pjd@bu.edu>

June 22, 2015
Boston University Police
32 Harry Agganis Way
Boston, MA 02215
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
All incident report for the chase and shooting of a suspect on the afternoon of Friday, June 19, 2015 along the Esplanade and Silber Road footbridge over Storrow Drive.
Per reporting by The Boston Globe (see ): A State Police trooper fatally shot a man on a footbridge over Storrow Drive near Boston University on Friday afternoon after the man allegedly refused to drop a knife and made threats, unnerving passersby in the well-traveled area, officials and witnesses said.
The confrontation - witnessed by several pedestrians and by motorists including Boston's former police commissioner - began shortly after 2 p.m., when BU police officers on the Esplanade spotted a man who matched the description of a suspect with outstanding warrants out of Roxbury District Court, State Police Colonel Timothy Alben said."
Per the account in BU Today (see https://www.bu.edu/today/2015/state-police-shoot-suspect-on-esplenade-pedestrian-bridge/): "About 2 p.m., BU police officers believed they saw the suspect, but when they approached him, the man, later identified as Laboy, brandished a knife and ran, according to Colonel Timothy Alben, superintendent of the Massachusetts State Police. During the foot pursuit Laboy ran onto Storrow Drive and back onto the Esplanade."
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com<http://MuckRock.com>, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Shawn Musgrave
Filed via MuckRock.com<http://MuckRock.com>
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
For mailed responses, please address (see note):
MuckRock News
DEPT MR 18979
PO Box 55819
Boston, MA 02205-5819
PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.
[http://email.requests.muckrock.com/o/eJwNzUEOwiAQQNHTyI4JDMwMLDiLKQy1jdEqtibe3q7-5iVfCxGbtaDz5BjxrFAAHzxCjoH8JTpWbFNKYp2PzcaMaicJzvautTtOkqTCa3x30N9zg7HD0sd2P6BtD7MUnVC4zZnnqJQaMfnaJVXmOWOVak72uK5aPDE7MqPst9E_7_NcD-h6_AHvZi6e]

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