Law Enforcement: Man Trying to Snuff Joint at Checkpoint Ends Up Dead -- Attorney Accuses Police

Submitted by Phillip Smith on (Issue #611)
Consequences of Prohibition
Politics & Advocacy

A Worcester, Massachusetts, man who died after being taken into custoday at a sobriety checkpoint last week was beaten by as many as 20 police officers, an attorney for his family said Monday. Kenneth Howe, 45, died at the Andover State Police barracks when police noticed he "became unresponsive" during booking.

The official version of the story, promulgated to the local media by Essex County District Attorney's Office spokesman Steven O'Connell is that Howe, a passenger in a vehicle stopped at the checkpoint, made "furtive movement," then "jumped out of the vehicle, struck the trooper, and fled." After a brief chase on foot and an "ensuing struggle," Howe was handcuffed and charged with assault and battery on a police officer.

O'Connell said that Howe was taken to the Andover barracks, and, while being booked "slumped over and became unresponsive." He was taken to Lawrence General Hospital, where he was pronounced dead at 12:45am last Thursday.

But today, attorney Frances King, hired by Howe's widow to represent her and her three young children, painted a starkly different picture of the events leading to Howe's death. Citing the testimony of the driver of the vehicle in which Howe was riding, King said Howe was pulled out of the truck, beaten by police, and dragged before he collapsed next to a police cruiser. The driver has made a taped statement about what he saw that night, King said.

The "furtive movements" were Howe attempting to snuff out a marijuana joint and put on his seat belt, King said. A female state trooper approached the truck, and Howe held up his hands and tried to explain that all he had in his hand was the joint. The trooper then reached into the truck, pulled Howe out, and screamed that he had assaulted her, King continued.

"Our position is that he never assaulted her," King said. Quite the contrary, she maintained: "It appears there were at least 10 to 20 officers all over the deceased, hands flailing." Howe was also "seen handcuffed and slumping to the ground, dragged over to the cruiser," she said.

The sobriety checkpoint was staffed by Massachusetts State Police, North Andover police and the Essex County Sheriff's Department. It was stopping every vehicle for a "threshold observation" to check for impaired drivers, a practice upheld by the US Supreme Court.

The Essex County District Attorney's Office is investigating, said O'Connell. An initial autopsy has been performed, but the cause of death has not been determined. Toxicology results are also pending. Police said they found one oxycodone tablet on Howe, for which he had a prescription.

"At this point, we're confident the Essex County DA's office is conducting a thorough investigation and that they are taking the case very seriously," King said. "I think it's only fair to allow the DA to conduct an investigation."

You don't need a crystal ball to see the lawsuit waiting to be filed here. But that won't come until after the Essex County District Attorney's Office investigates and exonerates the officers involved.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

maxwood (not verified)

The danger of being spied on everywhere else makes many citizens turn to their cars as the safest place to smoke (especially any "controversial" herb) thus a danger of "distracted driving". (In this case admittedly the smoker was a passenger.)

Sat, 12/05/2009 - 11:38am Permalink
Gary (not verified)

When in Gods green earth will people wake up and see the dire results to peoples lives that this countries absolutly midevil laws/attitudes on drugs and drug use are having on its"citizens".I am quite capable of protecting myself from lifes evils as are most all of the people of this great nation.I wish the polititions of our government would quit thinking they need to protect us from ourselves!!!

Wed, 12/16/2009 - 8:59am Permalink
Anonymous (not verified)

It's not about protecting anyone. It's about revenue, pure and simple. See, for every illicit drug, there's a pharmaceutical counterpart (Excluding psychedelics). They already get revenue for the pharmaceutical drugs. Maintaining drug prohibition, they get to have their cake and eat it too.

Not to mention, drug prohibition allows them to utilize drug trafficking in Afghanistan, Columbia, and various third world countries to fund black ops-- ops that otherwise wouldn't be approved in the budget. Overthrow a government here. Assassinate a political leader there. All in the name of spreading "democracy". Even though our own government isn't a democracy. It's merely the illusion of it.

Wed, 12/16/2009 - 9:30pm Permalink
Anonymous (not verified)

Be already , all the witLesses were so stoned they only thought they saw a brutal assult on their friend
what they really saw was a group of carring law enforcment personal trying to save a crazed drug addicted fools life !! Those were not nite sticks , those were Stethoscope 's and umm medical thinggys and other life savin umm a objects of savein equipment deals so there you stoned hippies !
Even Sonny and Cher knew that pot would make you see stuff that wasn't true . Case closed , any good doper is a dead doper.

Thu, 12/17/2009 - 2:36am Permalink

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Source URL: https://stopthedrugwar.org/chronicle/2009/dec/04/law_enforcement_man_trying_snuff