Man shot by police killed lawfully - jury

An unarmed man shot dead by police during a drugs raid was killed lawfully, a jury has ruled.

Former soldier Sean Fitzgerald, 31, died from a gunshot wound to the chest after appearing at a door of a property in Coventry on 4 January 2019. An officer said he thought he was holding a gun but it turned out to be a mobile phone.

An inquest jury identified three failures in the police operation, including the level of intelligence and inadequate prior surveillance of premises.

After the verdict, his family said in a statement they were "incredibly disappointed" but welcomed the jury's findings over the police's "planning, preparation and implementation".

Liam Fitzgerald, Sean's brother, held his head in his hands as the jury announced its conclusion.

Speaking afterwards, Sean's niece Callie Fitzgerald said listening to graphic details of her uncle's final moments had been "distressing" and "something that no family should have to endure".

"We've missed Sean every day for the last six years. We now have a lifetime of missing him to go," she said.

West Midlands Police Assistant Chief Constable Damian Barratt said he noted the points raised by the inquest jury and would ensure they were "fully considered" in future operations.

He added armed policing was "complex and challenging" and said the force's firearms officers were given "continuous rigorous training" for the "vital and demanding role".

Six years after Mr Fitzgerald's death, the inquest jury was asked to consider two possible conclusions, of lawful or unlawful killing, by the officer who fired the fatal shot.

That officer, known as Officer K, as well as a number of others, have had their anonymity protected during proceedings, which began on 7 April.

The events that led to the fatal shooting began in 2017, when Warwickshire Police started investigating an organised crime gang it believed was dealing Class A drugs in the Nuneaton, Bedworth and Coventry areas.

As the gang's activities escalated, the investigation was handed over to the West Midlands' Regional Organised Crime Unit (ROCU).

ROCU received intelligence claiming lead gang members were expected to be at a property in Burnaby Road for a regular meeting on the day of the shooting.

Within hours, a search warrant and firearms assistance was agreed for a raid on the house.

The jury was told there was limited information about the layout of the house, but that members of the gang had access to weapons.

During the inquest, Officer K described to jurors how he had been in the property's garden when he saw a man holding what he thought was a gun.

"I thought he was about to shoot us," Officer K said. "I fired one shot at the male to stop his actions.

"I honestly thought he was holding a gun in his left hand and was positioning himself to fire... so I shot him before he could shoot me.

Mr Fitzgerald died after exiting the property at about 18:20 GMT.

Bodycam footage showed him falling to the floor shouting: "My chest, my chest."

It was later found that the object in his hand was a mobile phone, and no firearms or Class A drugs were found at the property.

Liam Fitzgerald admitted during the inquest his brother had minor involvements with the police over the years and said, although he "wasn't a saint... he didn't have a bad bone in his body".

"He'd had a tough time, losing his mum and then our dad when he was still... relatively young," he told the court.

Mr Fitzgerald described how his younger brother had joined the Army in 2009 and won the title of "best recruit" during his two years of service.

Scott Moore, who was in the house during the raid, told coroner Sir John Saunders he had heard a chainsaw being used to gain access to the front door.

The whole incident lasted two or three seconds, he said.

Jurors deliberated for five and a half days at Warwick Justice Centre before they reached their conclusion.

The Independent Office for Police Conduct (IOPC) said its almost four-year investigation into the incident, which concluded in December 2023, found sufficient evidence to indicate Officer K "may have breached the police professional standards".

Director Derrick Campbell said West Midlands Police had been directed to hold a misconduct hearing, which would be progressed on the conclusion of the inquest.

He added the IOPC would "carefully review" whether any additional evidence heard during the inquest impacted its previous decision making, which included that evidence did not meet the threshold for a referral to the Crown Prosecution Service over criminal charges.

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