NORTH ANDOVER — The family of the man who died in police custody after being arrested at a state police sobriety checkpoint on Route 114 said his death "was a malicious killing constituting murder."
The family of Kenneth Howe, 45, of Worcester announced in a statement yesterday that their attorney, Frances King of Boston, and Howe's wife, Margaret Howe, will lead a press conference today to discuss the filing of a civil rights lawsuit and the family's reaction to last week's determination by the Office of the Chief Medical Examiner that the death of Kenneth Howe was a homicide.
The medical examiner's report states Howe's death was a "homicide," and specifically the cause of death as "blunt impact of head and torso with compression of chest," and that the injury occurred because he "struggled with police." Howe's death certificate lists atherosclerotic and hypertensive cardiovascular disease — clogged arteries and heart disease — as "other contributory conditions."
'Kenneth was murdered'
"The evidence that we have compiled in this case shows unequivocally that Kenneth was murdered," King said in a press release. "Responsibility for bringing criminal charges belongs to the Essex County District Attorney's office or the U.S. Attorney's office, although the family will also vindicate Kenneth's rights through a civil lawsuit."
Law enforcement involved in the checkpoint included state police, North Andover police and the Essex County Sheriff's Department.
Essex County District Attorney Jonathan Blodgett's office is investigating Howe's death. Spokesman Stephen O'Connell declined to comment on the lawsuit.
Howe was a passenger in a vehicle stopped at a sobriety checkpoint in front of The Eagle-Tribune on Route 114 shortly before midnight on the Wednesday before Thanksgiving. Police said he struck a state trooper after being asked to step out of the vehicle and was subdued after a short foot chase.
While being booked at the Andover state police barracks, Howe slumped over, was unresponsive, and was taken to Lawrence General Hospital, where he was pronounced dead at 12:45 a.m., O'Connell previously said.
King has contended that Howe never assaulted the trooper.
O'Connell said Blodgett will meet with the U.S. attorney's office this week at Blodgett's request.
"I'm not going to elaborate on the purpose of it at this time," O'Connell said of the meeting.
Civil complaint coming
The family will file a civil complaint in federal court today, the press release said.
The complaint will allege violations of Howe's Fourth Amendment right to be free from unreasonable seizure, Eighth Amendment right to be free from cruel and unusual punishment, and Fourteenth Amendment right to due process of the law. The complaint also will allege various state causes of action, including violation of the Massachusetts Civil Rights Act, wrongful death and assault and battery, the press release said.
As of yesterday, the family had not received copies of the toxicology report or the autopsy report. Generally, the family is entitled to a copy of the autopsy report at the discretion of the Office of the Chief Medical Examiner under state law, the press release said.
In addition to his wife, Howe leaves behind three children, Ashleigh, 15, Dakota, 10, and Raynemarie, 1.
"Family members are shocked and agonized about these unfortunate series of events, but they remain confident that the police officers responsible for Kenneth's death will be brought to justice," King said in the press release.
Howe traveled to the area with two men to buy a boat. They stopped at Stop & Shop on Route 114 to buy food for Thanksgiving dinner, then started hauling the boat home.
Howe tried to dispose of a marijuana cigarette and put his seat belt on when they came upon the roadblock, King previously said. A female state trooper approached the truck and Howe held both hands up and tried to explain that the cigarette was all he had in his hand.
The trooper reached into the truck, pulled him out, and screamed that Howe assaulted her, according to King.
