Boston Police Officer Nicholas O’Malley, 34, pleaded not guilty in Suffolk Superior Court to voluntary manslaughter in the fatal shooting of 39-year-old Stephenson King Jr. during a traffic stop in Roxbury last March. Prosecutors called the force excessive and
When Boston Police Officer Nicholas O’Malley walked into Suffolk Superior Court Thursday, he kept his hands close and his expression guarded, surrounded by badges and with his wife’s hand in his grip.
The arraignment lasted only briefly, but the stakes did not. O’Malley, 34, pleaded not guilty to voluntary manslaughter in the fatal shooting of 39-year-old Stephenson King Jr., a case that prosecutors say centers on what they view as excessive force.
The shooting happened during a traffic stop in Roxbury last March. Prosecutors allege O’Malley was not acting in self-defense when he fired, killing King, who was making “essentially a three-point turn” as he attempted to flee.
Assistant District Attorney Ian Polumbaum said the narrative presented to the court is that O’Malley’s use of deadly force was unjustified. “There is no police officer in this country that would have acted differently,” defense attorney David Yannetti said, pushing back hard against that framing.
Court documents describe how the incident started on March 11. O’Malley and another officer responded to a reported carjacking in Mission Hill and found King sitting inside the stolen vehicle in Roxbury. The officers drew their firearms and yelled commands at King. Documents indicate King showed his hands “at times” but did not unlock or turn off the car.
Yannetti, speaking during the hearing, accused prosecutors of presenting a “partial version” of the facts and said they were “sanitized quite a bit.” He pointed to what he described as King’s refusal to follow commands, arguing King “ignored lawful order after lawful order after lawful order.”
Yannetti also told the court that the consequences of that refusal were unavoidable from the officer’s perspective. He said King “left Officer O’Malley with no choice.”
According to the court documents. O’Malley allegedly shouted to King through the window: “Bro. I’m gonna f***ing shoot you. ” while holstering his firearm in favor of a Taser. The documents state that King then tried to flee. backing into an unoccupied police cruiser as he maneuvered the car forward and back. As King began to pull forward once more, O’Malley allegedly drew his firearm again and fired three shots.
O’Malley later told officials that King “tried to run us over,” according to court documents. Prosecutors countered that body-worn camera footage shows neither officer was in danger of being struck.
In the courtroom. members of the Boston Police Patrolmen’s Association and King’s family watched the proceedings as O’Malley stayed mostly silent. He was ultimately released on personal recognizance, with orders to surrender any firearms and have no contact with civilian witnesses. He is due back in court July 23.
Outside the courthouse, Yannetti said the decision to charge O’Malley as a manslaughter defendant has become an election-season issue and a matter of professional pressure rather than evidence.
He took aim at Suffolk District Attorney Kevin Hayden. arguing that Hayden’s position on whether O’Malley acted correctly. appropriately. reasonably. or necessarily is the wrong focus. “Let’s be clear about it: District Attorney Hayden’s opinion about whether Nick acted correctly. appropriately. reasonably. or necessarily is irrelevant. ” Yannetti said. “What is relevant is the evidence that will be presented in a courtroom. and we so look forward to presenting that evidence.”.
Larry Calderone, president of the Boston Police Patrolmen’s Association, echoed that accusation. Calderone alleged Hayden was “scapegoating” O’Malley and treating him differently because of his profession. saying the district attorney is “looking for votes in an election year.” Calderone also said Hayden had not operated this way in “the last three-and-a-half years as the chief law enforcement officer of Suffolk County.”.
Yannetti framed the prosecution as a punishment for doing the job. “It is his job to protect and serve the public. and to make sure that his fellow officer is safe as well. and this man (King) left him no choice. ” he said. “There is no police officer in this country that would have acted differently.”.
The defense also pointed to the body-worn camera record as the central battleground. Yannetti said Hayden has thus far declined to publicly release bodycam footage of the shooting. despite pressure from at least two Boston city councilors. Yannetti said he expects the video will emerge later on in court and suggested it supports the defense view that King disregarded de-escalation efforts.
Yannetti ended with a specific claim about what could have prevented the killing. “If [King] had just turned the car off and rolled down his window as this lawful police officer ordered him to do very clearly, we wouldn’t be here today,” he charged.
Nicholas O’Malley voluntary manslaughter Stephenson King Jr. Roxbury shooting Boston Police Suffolk Superior Court Ian Polumbaum Kevin Hayden David Yannetti Boston Patrolmen’s Association
Not guilty?? Dude just gets to plead and walk out like normal. Smh.
Voluntary manslaughter sounds like they’re saying it was “accidental” but like… it was a traffic stop. If the guy was trying to flee, I don’t get how it’s not self defense. But the court stuff is always confusing.
I heard on here the victim was already “carjacking” so how can the officer be wrong when it started as a carjacking? Also “three-point turn” doesn’t even mean anything to me like was he just driving? Feels like both sides are cherry picking hard.
So the officer pleaded not guilty, but prosecutors are like “excessive force” and defense is like partial facts… cool cool. I hate that the whole thing hangs on “what they viewed” and whether the hands were unlocked or not. Either way somebody died and it’s always the same song and dance in these cases.