Wednesday, December 14, 2011

Constable Will Not Face Gun, Endangerment Charges

By Lisa E. Crowley
BROCKTON—A clerk magistrate has decided a South Shore constable will not face charges after pulling a gun during an arrest of a dead-beat dad in the student-filled parking lot of Trinity Catholic Academy’s Upper Campus.
William Sullivan, the lawyer for Adam Loomis, one of two well-known South Shore constables who arrested parent George Haikal at the school in October, said he has received a letter from Clerk Magistrate Philip McCue that rejects charges of endangerment of the dead-beat dad’s children and assault with a dangerous weapon issued by Brockton Police and the Plymouth County District Attorney’s Office.
“I think this was the right decision under the law,” Sullivan said in a telephone interview.
While he would not release a copy of the letter—which court officials said was not a public document—Sullivan said in McCue’s decision, McCue writes that Loomis, 27, pulled the gun after witnesses said Haikal’s car jumped forward toward Loomis during the early morning arrest and put him in danger of being run down.
A probable cause hearing was held Dec. 1 at Brockton District Court for McCue to decide if the complaint should continue and an arraignment beheld on the felony charges.
McCue, a Plymouth District Court magistrate, heard testimony from four witnesses from the school, including teacher Annette Bailey and Ward 5 City Councilor Dennis DeNapoli.
“I think the evidence was very clear when (the constables) went to effectuate the arrest the intention was not to use force,” Sullivan said.
Sullivan said he believed it was Annette Bailey’s testimony that made the difference.
During testimony Bailey said she believed Adam Loomis would have been knocked over by Haikal’s car and it was not until then did he pull his gun.
Dennis DeNapoli, who was standing near the vehicle said in news accounts and in court he did not believe Loomis was in danger when the car rolled forward. He also said he believed the car moved forward because Haikal was being grabbed by the neck by Loomis’ father Jerold Loomis, and his foot came off the accelerator.
DeNapoli, who has said he believes the pair should lose their constable licenses, did not return calls for comment.
Sullivan said he does not believe Adam or Jerold Loomis intended to use force that day and it was Haikal who did not exit the vehicle when ordered to do so that escalated the situation.
Sullivan would not say if the pair of constables made a bad decision to try and arrest Haikal on the school’s grounds.
“I think the lesson to a lot of (constables) is not to anticipate the person they are arresting will go peacefully,” Sullivan said.

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