Officer will not be prosecuted over shooting of Sean Fitzgerald

  • Published
Protestors
Image caption,

Friends and family gathered in Coventry on Thursday evening marking the fifth anniversary of his death

A police officer investigated over the shooting of an unarmed man will not be prosecuted, it has emerged, as family and friends gathered to demand justice.

Sean Fitzgerald 31, was shot as he exited a house in Coventry during a planned police operation.

He died after receiving a single bullet wound to his chest in Burnaby Road at 18:20 GMT on 4 January 2019.

The officer who fired the fatal shot still faces a charge of gross misconduct over the incident.

The case has been examined by the Independent Office for Police Conduct (IOPC) following a mandatory referral from the West Midlands Police (WMP) force.

Image source, Family handout
Image caption,

Sean Fitzgerald was shot at a house in Coventry in January 2019

An event has taken place to mark the fifth anniversary of Mr Fitzgerald's death.

Protestors gathered and walked to the house on Thursday evening "to show the world we will not let Sean be forgotten", a statement from his family said.

"It is absolutely essential the public hear of his story and of how the justice system are failing to provide even a basic inquest into his death and have still yet failed to bring the guilty to court to be held accountable," it continued.

Image caption,

Mr Fitzgerald's partner Sharlene Whetstone said they had been left unable to grieve

Speaking at the protest, Mr Fitzgerald's partner Sharlene Whetstone said they had been "left in the dark for five years".

"We can't even grieve yet, how can we grieve when they're just saying he's gone and no-one is saying why?"

"Following careful consideration of the evidence," the watchdog said it had decided not to refer a file to the Crown Prosecution Service (CPS) to consider whether the officer should face a criminal charge.

Image caption,

The protest marked the fifth anniversary of Mr Fitzgerald's death

At the time of the decision, last October, Mr Fitzgerald's family and other parties were updated, it added.

On whether the officer had a case to answer for misconduct or gross misconduct, the IOPC said it had now shared its report with the West Midlands force.

"As required by law, we must consider the views of WMP once we receive them before we make our final decisions and then notify the parties involved, including Sean Fitzgerald's family," it added.

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