Former soldier, 31, who was shot dead while holding a phone police thought was a gun was 'lawfully' killed, jury rules: Officer may now face gross misconduct hearing

Daily Mail​

21-05-2025

A former soldier who was shot dead by police during a drugs raid was killed lawfully, a jury has ruled.
Sean Fitzgerald, 31, died from a single gunshot wound to his chest after leaving a property in Coventry at around 6.20pm on January 4, 2019.
West Midlands Police were investigating the activities of a suspected organised crime gang in Burnaby Road, an inquest at Coventry Coroner's Court heard.
A jury in the six-week inquest was asked to consider whether Mr Fitzgerald had been lawfully or unlawfully killed by the officer who fired the fatal shot.
The officer, who was given anonymity and referred to only as Officer K, told the inquest he had been standing in the back garden of the property when he saw a curtain move.
He said he spotted a man holding a black object that he thought was a gun but it turned out to be a mobile phone, the BBC reported.
The jury concluded on Wednesday that Mr Fitzgerald was lawfully killed.
However, Independent Office for Police Conduct (IOPC) director Derrick Campbell said West Midlands Police had been directed to hold misconduct proceedings.
Mr Fitzgerald's family, who were represented by the Inquest Lawyers' Group, had expressed disappointment at the length of time it took the IOPC to conclude their own investigation into the actions of the police force.
Mr Campbell said their investigation was 'complex' and took 'far longer than expected'.
In a statement, he said: 'Our investigation, which concluded in December 2023, examined not only the shooting itself, but the wider circumstances, including the intelligence and decision making in the planning of the operation.
'Having considered all the evidence, a range of expert opinion and applying the legal thresholds which govern our work, we concluded there was sufficient evidence to indicate that the officer who fired the fatal shot may have breached the police professional standards regarding his use of force and therefore had a case to answer for gross misconduct.
'West Midlands Police were directed to hold a misconduct hearing, although it was agreed that should not be progressed until after the conclusion of the inquest proceedings.
'We determined the evidence did not meet the threshold for a referral to the Crown Prosecution Service to consider whether the same officer should face a criminal charge in relation to the shooting.
'This was a complex investigation and we recognise our inquiries took far longer than expected.
'We understand the impact this has had on everyone concerned and will carefully review, as soon as possible, whether any of the additional evidence heard at the inquest impacts on our previous decision making.'
West Midlands Police Assistant Chief Constable Damian Barratt said the force offered its 'sincere condolences' to the family of Mr Fitzgerald.
He said: 'We note the points raised within the findings and will ensure that these are fully considered in order to identify any learning in future operations.
'Armed policing is complex and challenging and our firearms officers put themselves in harm's way to protect the public on a daily basis, and undergo continuous rigorous training to ensure they are suitably equipped for such a vital and demanding role.'