NORTH ANDOVER — Essex County District Attorney Jonathan Blodgett plans to meet with the U.S. Attorney's office to discuss the case of a man who died following a struggle with state and local police at a sobriety checkpoint Thanksgiving Eve.
The meeting next week follows the release yesterday of a newly updated death certificate for Kenneth Howe, 45, which says the cause of death was "blunt impact of head and torso with compression of chest," and that the injury occurred because he "struggled with police."
Dr. Kimberley Springer of the medical examiner's office in Boston says the "manner of death" was a "homicide." It lists atherosclerotic and hypertensive cardiovascular disease — clogged arteries and heart disease — as "other contributory conditions."
"The Office of the Chief Medical Examiner uses the term homicide to mean a death at the hands of another. A determination that a death is a homicide in a particular case is not tantamount to a determination that a murder occurred in that case. A medical examiner typically does not offer an opinion regarding criminal wrongdoing or civil liability," Jacqueline Faherty, general counsel for the state Office of the Chief Medical Examiner, said in a statement.
Howe, of Worcester, died after being arrested at a state police road block on Thanksgiving Eve on Route 114.
"It reaffirms what we have believed from the very beginning — that he was beaten to death," attorney Frances King of Boston, who represents Howe's family, said Thursday night regarding the death certificate. "Now we are hoping that the perpetrators are punished accordingly."
"As it's an ongoing investigation, we continue to support and cooperate with the DA's investigation, but we're not going to have any comment for the duration of that investigation," state police spokesman David Procopio said yesterday.
Stephen O'Connell, spokesman for Blodgett, said the investigation into Howe's death continues.
"As part of our ongoing investigation, the district attorney will meet with the U.S. Attorney's office early next week," he said.
This was the first mention of Blodgett meeting with the U.S. Attorney's office, and O'Connell declined to elaborate on the purpose of the meeting.
King said she plans to file a federal civil lawsuit next week.
Howe was a passenger in a vehicle stopped at a sobriety checkpoint in front of The Eagle-Tribune building at 100 Turnpike St. (Route 114) shortly before midnight on Nov. 25, 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 had previously said.
Howe traveled to the area with the other 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.
King has contended that Howe never assaulted the trooper.
Procopio said no state troopers have been placed on leave as a result of the incident.
"There has been no change in duty status of any of those who were at the checkpoint or at the arrest," he said.
North Andover police and Essex County Sheriff's Department deputies also worked the checkpoint. North Andover police Chief Richard Stanley and Sheriff's Department spokesman Paul Fleming declined to comment, both deferring to the district attorney's office.
O'Connell said he is not aware of any police officers being disciplined or placed on leave. O'Connell said authorities are still awaiting the final autopsy report and the results of forensic testing. There have been more than 50 interviews conducted so far, he said.
Procopio said there have been no policy changes made regarding how state police conduct sobriety checkpoints.
The struggle was captured by Eagle-Tribune photographer Carl Russo who got to the scene quickly because the checkpoint was set up on the highway in front of the newspaper building.
His camera records the time when he shoots a photo. The first picture taken at 11:20 p.m. shows Howe on the ground with police. Russo's last picture, shot at 11:31 p.m., shows Howe being placed into a police cruiser.
