DUI Checkpoint Death Ruled Homicide, Lawsuit to be Filed
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What should have been a routine interaction between a motorist and police at a North Andover, Massachusetts DUI checkpoint resulted in the 45 year old man’s death. Today, the man’s family IS slated to file a wrongful death suit in U.S. District Court in Boston.
The day before Thanksgiving, Kenneth Howe was a passenger who was riding in a motor vehicle which was stopped by police at a DUI “roadblock.” The medical examiner ruled the death a homicide, which simply means that it was death at the hands of another. The ruling does not indicate whether the homicide was justifiable or not. The Essex County District Attorney’s Office is investigating the death and no criminal charges have been filed. The officers involved have not been placed on administrative leave or restricted duty.
What exactly happened at the DUI checkpoint is unclear. However, it appears that Howe had been smoking marijuana on the night of the incident and he fled from the vehicle which was stopped at the DWI checkpoint. New England Cable News (NECN) displayed some photographs of Howe’s arrest in a recent story. The lawyer for Howe’s family is claiming that police beat Howe and used excessive force. Attorney Lenny Kesten, who was recently named one of the most influential lawyers in Massachusetts, is representing the police officers. Attorney Kesten is an outstanding lawyer and a good friend. In a news interview with Channel 5 last night, he declined comment because he had not been served with the complaint, which names approximately 30 Massachusetts Police Officers and State Troopers as defendants. More information on this case will be posted as it becomes available.
