Thereafter, a witness to the shooting, Gregory Floyd, approached Kenney and asked him to drop his weapon. We affirm. The supplemental motion [for reconsideration] presents no new evidence, and argument, no matter how forcefully presented, cannot substitute for evidence. Boisvert said she got out of her vehicle and asked the younger Floyd if he had reverse, at which point the elder Floyd asked, "Do you, bitch? Court rejects lawsuit from father of Liko Kenney, Man says officer violated son's rights before shooting. Bode Miller also chafed against McKay, telling Sports Illustrated that he contested a 2005 speeding ticket in part to antagonize the officer. Kenney leans out again, gun in hand, and rapidly squeezes out seven bullets, hitting McKay four times. Local and national elections & political news, delivered to your inbox. On February 28, 2011, the district court granted defendants' motion for summary judgment, concluding that plaintiff lacked sufficient evidence to prove any violation of Kenney's Fourth Amendment rights had occurred. Investigators say when McKay stopped Kenney a second time a mile up the road, he used pepper spray to subdue him. Don't knowingly lie about anyone McKay steps into view in his blue uniform and sunglasses and walks toward the faded blue coupe. Both had reached a point at which only one vehicle could proceed. Defendant Gregory Floyd and his son witnessed the shooting and left their own vehicle to assist Officer McKay. Gregory Floyd becomes enraged outside the Littleton District Court courtroom Tuesday. Today's top headlines from the Caledonian-Record. Perhaps the biggest hole in the defense's case was pointed out by Gainor. South Dakota attorney general "distracted" before deadly crash, Scientists capture two murder hornet queens after destroying nest, Police training used Hitler quotes, urged cadets to be "ruthless". § 1983, David T. Kenney,1 the civilian victim's father and the executor of his son's estate, sued Officer McKay, the town of Franconia, and its police officials, as well as Floyd. Firefox, or Bruce McKay, 48, was shot four times and run over by the suspect's car on Route 116 in Franconia. Postal Service faces delivery delays, U.S. battles coronavirus surge as states see record new cases, U.S. braces for possible Election Day violence and unrest, CBS News coverage of voting rights issues. How do I vote in my state in the 2020 election? Nothing in the affidavits even purported to contradict this. This material may not be published, broadcast, rewritten, or redistributed. Kenney took off, leading McKay on a brief pursuit.Investigators say when McKay stopped Kenney a second time a mile up the road, he used pepper spray to subdue him. The report summarized and assessed, inter alia, eye-witness accounts of the incident, video and audio recordings from Officer McKay's vehicle and from Franconia police dispatch, and forensic evidence collected at the scene. "It's a tragic situation — two men lost and two families devastated," said Steve Heath, owner of the Franconia Village Store. He said the driver was shooting the gun above the car's roof at one point, reminding him of a gangster movie. Since plaintiff's case against Officer McKay fails and there was no municipal policy at issue, the claims against the town and McKay's supervisors also fail. These efforts miscomprehend the Fourth Amendment issues, which turn on the facts and objective reasonableness, not on questions of underlying motive. We review the district court's grant of summary judgment de novo, Ayala–Sepúlveda v. Municipality of San Germán, 671 F.3d 24, 30 (1st Cir.2012), drawing all reasonable inferences in the nonmovant's favor, Lockridge v. The Univ. It is also noteworthy that such evidence, if it existed, would easily be available to plaintiff. Officer McKay then turned his SUV-cruiser so that it faced and blocked Kenney's car. Use the 'Report' link on Airlines, Inc., 56 F.3d 313, 315 (1st Cir.1995). On Wednesday, May 16, Bruce McKay’s flag-draped casket lay in state in Franconia’s grand town hall. Bruce McKay, 48, was shot four times and run over by the suspect's car on Route 116 in Franconia. State Attorney General Kelly Ayotte said a passer-by, Gregory Floyd, 49, witnessed the incident and rushed to the officer's aid. Liko Kenney fatally shot Police Cpl. The latest coronavirus news from The Caledonian-Record, and Vermont, New Hampshire, and national news sources. Gregory Floyd, a passing motorist and ex-Marine who saw it all, grabbed McKay's gun and shot Kenney to death when he refused to put his gun down. Second, Officer McKay's use of non-deadly force thereafter was reasonable in light of Kenney's decision to flee from the initial traffic stop. There was an error processing your request. each comment to let us know of abusive posts. Of Me. Floyd picked up McKay's service revolver and, in an apparent effort to protect himself, his son, and Officer McKay, shot and killed Kenney. Kenney's hands are up now, and the video, mostly silent, blares suddenly with the sound of a siren. What happens if the president doesn't accept the election results? According to police, that's when Kenney shot the officer four times and the proceeded to run the officer over with his car. All Rights Reserved. Macaulay said his friend tensed up during the traffic stop. The district court held that these statements, as recounted in the Nickels affidavit, were inadmissible hearsay, and so incapable of defeating a motion for summary judgment. Microsoft Edge. United States v. De Jesús–Viera, 655 F.3d 52, 58 (1st Cir.2011) cert. Floyd's criminal threat conviction carries a maximum of sentence 12 months in the Grafton County House of Corrections. Please avoid obscene, vulgar, lewd, "All of the actions by Corporal McKay constituted a reasonable use of nondeadly physical force by a law enforcement officer," the report said. Error! She said Boisvert called her husband "a murderer" (in reference to last year's shooting of Liko Kenney) and "kept putting her hand under her sweater" as if she (Boisvert) had a gun. The Caledonian-Record reported that a panel of judges at the U.S. Court of Appeals for the First Circuit in Boston denied a petition for a rehearing earlier this year. LITTLETON, N.H. - Gregory W. Floyd, the Easton man who shot and killed Liko Kenney May 11 after Kenney murdered Franconia police Cpl. See, e.g., Dávila v. Corporación De Puerto Rico Para La Difusión Pública, 498 F.3d 9, 17 (1st Cir.2007); Garside v. Osco Drug, Inc., 895 F.2d 46, 50 (1st Cir.1990). Kenney and McKay had met four years earlier, in a confrontation that ended with Kenney being taken down by McKay and two other officers. On that day, Boisvert applied for and received a restraining order against Floyd. Police said Floyd hit Kenney twice, in the chest and in the neck. Charles West of the New Hampshire State Police on the night of the shootings, Gregory Floyd Sr., 49, who was the passer-by who came upon the scene, took Cpl. There are a number of reasons why this evidence was insufficient to show a violation of Kenney's Fourth Amendment rights. "He was kinda just a happy, hippie kid. District Judge Paul Barbadoro noted that Kenney, whose registration had expired, had driven away when McKay first stopped his car. But he got 15 days in jail, time served, when McKay asked for leniency, according to St. Hilaire. Summary judgment is appropriate where “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. Maccaulay said he was blinded by the pepper spray and didn't see Kenney pull the gun, but heard the shots. Family members said Kenney was ski champion Bode Miller's cousin. U.S. District Judge Paul Barbadoro noted that Kenney, whose registration had expired, had driven away when McKay first stopped his car. Get the latest breaking news delivered straight to your inbox. “To establish a Fourth Amendment violation based on excessive force, a plaintiff must show that the defendant officer employed force that was unreasonable under the circumstances .” Jennings v. Jones, 499 F.3d 2, 11 (1st Cir.2007).

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