Inquest into death of Michael Fitzpatrick returns lawful killing verdict
Inquest into death of Michael Fitzpatrick returns lawful killing verdict
03 February 2012
The inquest into the death of Michael Fitzpatrick has returned a unanimous verdict of lawful killing at Brighton Magistrates' Court today (Friday 3 February).
Michael Fitzpatrick, 49, who was believed to be living in the Brighton area, was shot by armed officers in Rock Place, Brighton, on Thursday 10 February, 2011. As part of a pre-planned operation the officers were attempting to arrest him on suspicion of committing a series of armed robberies in Burgess Hill.
He was taken to Royal Sussex County Hospital where he was pronounced dead shortly afterwards. The jury concluded that the cause of death was due to gunshot wounds to the chest and abdomen.
Her Majesty's Coroner for Brighton and Hove, Veronica Hamilton-Deeley, and the jury extended their sympathies to Mr Fitzpatrick's family and the officers involved. They specifically praised the immediate medical care provided by the firearms officers, describing it as exemplary.
Following the hearing, Assistant Chief Constable Olivia Pinkney said: "My thoughts are with the family and friends of Michael Fitzpatick today at what is undoubtedly a very difficult time.
"The decision made by officers that day is one of the most profoundly difficult decisions an officer may face in their career. As heard during the inquest, the officers had just three seconds to take action to protect themselves and members of the public against the visible threat of a firearm.
"Firearms officers are highly trained and the use of lethal force is seen as a last resort to protect the public or themselves. Any decision to use that high level of force will weigh heavily on those officers' minds.
"We have fully supported the Coroner's inquest and an Independent Police Complaints Commission (IPCC) investigation into Michael Fitzpatrick's death, providing documents and witnesses to help determine the cause of death and the circumstances in which he died.
"The IPCC didn't find any failings by officers in respect of Michael Fitzpatrick's death, concluding that excellent decision making had taken place and that the officers' actions were both appropriate and proportionate. The police operation was described as having been impeccably planned and officers had taken the right action to deal proactively with the threat posed by a dangerous individual.
"After completing what the Coroner described as a robust and independent investigation, the IPCC concluded that the recommendations made to Sussex Police would not have prevented the death of Mr Fitzpatrick. Officers had acted within moments to tend to Mr Fitzpatrick, but tragically neither they nor paramedics were able to save his life."
The IPCC made the following recommendations:
- Remind officers to consider the use of the two-way Airwave radio system when appropriate to brief those engaged in armed policing deployments.
- Sussex Police should remind officers from the Tactical Firearms and Strategic Firearms teams to include the suspect of the operation in the working strategy in all relevant stages of the operation. Equally the requirements contained within the NPIA Manual of Guidance on the Management, Command and Deployment of Armed Officers (2010) i.e. the SFC 'must ensure that the strategy for the armed deployment is recorded, including any changes to it, to provide a clear audit trail.