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This petition is being shared with hopes of correcting the egregious violations of Tommy’s constitutional rights that he has endured at the hands of the Yarmouth and Barnstable Police Departments, as well as the Massachusetts State Police and Barnstable Superior Court. The purpose in sharing this is to shed light on the systemic corruption and abuse of power that he – and many others - have faced, in hopes of raising awareness, holding those responsible accountable, and ensuring that his appeal for a fair and impartial trial is granted.

On April 12th, 2018, while at an acquaintance’s home in Marstons Mills, the Yarmouth Police Anti-Crime unit and an officer of the Massachusetts State Police entered the home Tommy was in - unannounced and without body cameras – to execute a body warrant that was issued for his arrest due to an alleged probation violation. At the time, he was hiding in the attic, in fear for his life as he believed someone was attempting to rob and kill him. He had lost consciousness due to stifling conditions and insulation in the attic and awoke to a loud bang. He acted under the belief that the bang was a gunshot, and immediately returned a single warning shot into complete darkness in hopes his threat would retreat. This turned out to be fatal. While Tommy’s gunshot is what killed the officer, the unfortunate death was a direct result of the police’s gross dereliction of duty. 

For most of his life, Tommy had been targeted, harassed, and mistreated by the Yarmouth Police because of his presumed drug dealing. This incident was another instance of how they used their positions of authority and disregarded their own policies and procedures whenever they felt the reward outweighed the risk. The police essentially effected a “no knock warrant”- the practice of serving high-risk warrants on homes without giving occupants a chance to open the door- a practice that is highly discouraged and banned in some states. 

Some officers testified Tommy was a known, dangerous criminal, and considered the apprehension to be a high-risk situation, yet prior to entering the residence, the officers did not notify their shift commander or SWAT. They entered wearing plain clothes, and without permission from the landlord or tenants. The Yarmouth police drove over ten miles (over a twenty-minute drive) to Marstons Mills to serve him this warrant, even though that wasn’t their primary jurisdiction. 

The police abuse of power began immediately after the incident. Tommy’s rights were violated when he was physically assaulted by the officers and put into segregation throughout the duration of his pretrial detainment. During this time, his family was harassed, repeatedly pulled over and intimated by the same police that are sworn to serve and protect. After a lifetime of living on Cape Cod, they were forced to relocate their homes due to the repeated harassment. The police’s intimidation tactics against his daughter’s mother included smashing out her car windows, holding her on the ground at gunpoint and threatening to take her children away- tactics that eventually worked in their favor. She was the only civilian witness to testify against Tommy.

The police misconduct and collusion efforts continued throughout the investigation. Even though dozens of officers were eventually dispatched to the scene, the one officer who wasn’t on duty when the shooting occurred, is the one officer who chose to write a report several months later. He was unable to write this report from memory and instead emailed the district attorney to ask what details to include before concocting it. In addition, police officers met at The Dolphin restaurant in Barnstable for off the record conversations before providing oral recorded statements that were used against him during grand jury proceedings. When questioned about this at trial, the officers who admitted being present at the restaurant had trouble remembering what was discussed. 

Tommy’s rights to due process, equal protection, and justice were further hindered when he did not receive a fair or impartial trial. His case was fast tracked through the legal system even as the world was at a standstill due to the COVID19 pandemic. His attorney did not have the time or resources to adequately prepare for trial due to personal and professional setbacks because of the pandemic. On multiple occasions requests for a change of venue were denied, even though there was no possibility for a fair trial in Barnstable County. The media saturated the small, closeknit, community with widespread, one-sided coverage, which led to bias among the jury pool. On the first day of jury empanelment, the entire jury pool raised their cards when asked if they had read, heard or seen anything regarding him or the incident. While many jurors openly expressed prejudiced or biased opinions, and others admitted to donating to funds and/or attending events in support of the fallen officer, they were still allowed to continue throughout the voir dire process, and some were eventually seated. After running out of strikes and challenges, the jury was comprised of predominately white citizens, who claimed they could be unbiased but were not. 

There was no presumption of innocence in Tommy’s case because the community was outraged and labeled him a monster and a violent criminal unworthy of self-defense, even though he was not the aggressor. Unsurprisingly, the jury rejected his self-defense claim and found him guilty of second-degree murder and the judge sentenced him to 25 years to Life, plus another 10–15 year sentence enhancement, totaling 35-40 years to Life. This harsh sentence did not reflect the evidence presented at trial. Because they were not satisfied with this outcome and wanted a first-degree conviction and Life Without Parole sentence, they then began retaliatory trial proceedings on an exaggerated claim of mayhem, stemming from a physical altercation during his pretrial detainment. The legal system was manipulated to serve their own agendas, which ultimately added another 9-12 years onto his sentence. 

As tragic as this incident was, it could have been prevented had the police pursued any sensible tactics to apprehend Tommy, rather than deprive him of his rights by improperly executing a warrant. Please sign this petition to grant Tommy a new trial. His case is one of many where police misconduct runs rampant, and officials abuse their power with impunity. Together, we can demand accountability, uphold fairness and constitutional rights, and serve justice.

*On July 29th, 2022, after a bench trial, Tommy was found not guilty of the alleged traffic infraction that triggered the probation violation and subsequent warrant that precipitated the entire incident on April 18th, 2018. 

Thank you for your support.

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