Maine news, sports, weather from Portland Press Herald / Maine Sunday Telegram, Portland, Maine
Friday, September 10, 2010
Family sues city, police over fatal shooting
South Portland police erred in dealing with a suicidal Michael Norton, the federal suit claims.
By Trevor Maxwell tmaxwell@mainetoday.com
Staff Writer
PORTLAND - The family of a 29-year-old man who was shot and killed by South Portland police outside his home two years ago has sued the city, the police chief and two officers.
In his excessive-force and wrongful-death lawsuit in federal court, Terrence Norton of Eliot claims that police should have used nonlethal methods to deal with his son Michael Norton, who had bipolar disorder and was suicidal at the time of the shooting on Aug. 25, 2008.
Michael Norton was the chief financial officer of a small health care company in Westbrook, and lived in a house he owned on Main Street in South Portland. Norton made numerous suicide threats and was hospitalized briefly in the three days leading up to his death.
"This case highlights a real gap in the realities of how the police react to situations in which somebody is armed and refusing to comply with orders to drop a weapon, and the realities of people who are suffering from a mental illness or mental breakdown, and who are suicidal, but have not necessarily committed a crime," said Elliott Epstein, the lawyer for the Norton family.
"There are really three issues," Epstein said. "Did they need to make him come out of the house; had they made appropriate provisions for the use of nonlethal force; and was there any reasonable cause to believe Michael was about to put police in danger?
"We believe that if it had been done properly, he would still be alive," he said.
The Maine Attorney General's Office found the officers legally justified in using deadly force against Norton after a four-hour standoff at his home, and South Portland Police Chief Ed Googins has defended the actions of his department.
Googins declined comment Wednesday because he and the other defendants had not been served with the lawsuit and he had not read it.
"Our heart goes out to the family. That is not the outcome we were hoping for that evening," Googins said in an interview in 2008. "We feel our actions were proper."
Three days before the shooting, a psychiatrist called police to say that Norton was suicidal and was trying to buy a shotgun. He apparently was unable to buy the gun at a store in Scarborough because of a glitch in the store's computer system. The store later approved the sale and planned to notify Norton that he could pick up the gun.
Other people, including family members, friends and co-workers, notified police that Norton was suicidal. Officers showed up at Norton's house on Aug. 23, 2008, and took him to Maine Medical Center for evaluation. He was transferred for further evaluation and treatment at Southern Maine Medical Center in Biddeford, and was discharged the next day.
On the night of Aug. 24, Norton was in his house with a close friend. His father, Terrence Norton, called police to say he had spoken to Michael Norton on the phone and he was still suicidal, agitated and at some points incoherent.
South Portland officers arrived at Norton's home on Main Street around 9:30 p.m. When contacted by telephone, Norton told police that he wasn't suicidal, but he refused to come outside. Police learned that he had been drinking and taking prescription drugs.
According to the lawsuit, police called Norton repeatedly and used a public address system in an attempt to get him to leave the home.
Norton's friend came out of the house at 1:38 a.m. and told police that Norton was alone and was suicidal. that point, several officers had surrounded the house. About 15 minutes later, Norton walked out onto his deck carrying a small knife in each hand. According to the attorney general's report, he challenged officers to shoot him and used a finger to outline a circle on his chest.
Officers Benjamin Macisso and John Sutton were stationed at the tree line on one side of the property, and Officers Scott Corbett and Patricia Maynard stood near a car in Norton's driveway.
Norton ignored the officers' orders to drop the knives and walked toward the officers in the driveway. When Norton was about 15 feet from them, Macisso fired a single round from his .223-caliber rifle, hitting Norton in the jaw.
At the same time, Sutton fired a shotgun loaded with a nonlethal beanbag round, which apparently missed Norton.
Police are trained to view someone with a knife as an imminent threat if they are within 21 feet, a spokesman for the Attorney General's Office has said, because of the speed at which an attacker can cover that distance.
The lawsuit filed by Norton's family names Googins, Macisso and Lt. Todd Bernard as defendants. The monetary cap on wrongful-death damages in Maine is $400,000.
Staff Writer Trevor Maxwell can be contacted at 791-6451 or at:
tmaxwell@pressherald.com
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24 COMMENTS
OlympiaDontEatTheYellowSnowe said...
Oh come on. This was nothing but a test run for the Republican version of mental health care coverage. Guns are lot cheaper than medicine.
July 22, 2010 at 12:41 AM Report abuse
RUSHME said...
Times are Tough and the family is tryin to make a buck off of this suicidal family member! However Macisso fired a single round from his .223-caliber rifle, hitting Norton in the jaw. At the same time, Sutton fired a shotgun loaded with a nonlethal beanbag round, which apparently missed Norton. IS THERE NO COMMUNICATION ON THAT DEPT? I don't $400,000 should be awarded more like 1/2 of that. The Dept needs to held accountable for their screw up! They did screw up regardless what the AG's report says!If your going to shoot the suspect with a nonlethal round do so first. Not a lethal shot and a non lethal. That just don't make sense to me and I'm sure you will find others will agree. I also think mostly cause I have never heard of these officers before that they are new....meaning they were trigger happy or inexperienced!
July 22, 2010 at 1:54 AM Report abuse
Mutt said...
The bigger issue is how are they trained? They treated this guy likes hexwas a holed up armed robber. What's a family to do in s Portland if ur loved one has mental illness? Call the cops they will be glad to come over and kill them. This is the 2nd one I'm aware of. They need better training and than implement it. The police have adopted this para military approach when 90% of the time they need to be social workers.Doesn't make sense.
July 22, 2010 at 5:53 AM Report abuse
Redbird said...
Mutt, police officers don't need to be social workers. What we *do* need is a better system that allows mentally ill folks to be held in custody regardless of their age. So much heartache could be prevented if our mental health system was allowed to work in a meaningful way.
July 22, 2010 at 7:02 AM Report abuse
BillPoster10 said...
Sutton should not be allowed around weapons any more. He missed a target with a shotgun at 15 FEET??? Imagine him with an automatic rifle!!! A lot of people would be dead!
July 22, 2010 at 7:29 AM Report abuse
XXX said...
Did the writer graduate from reporter school or simply attend the National Enquirer School of Sensationalism? This was poorly written with a slant toward vindication of a full-grown man approaching police with weapons he refused to drop. That makes you a DEAD MAN. End Of Story!
July 22, 2010 at 7:55 AM Report abuse
nikonwilly said...
That is the major problem !...Why are we calling Law Enforcement for mental health issues ? I would not expect them to understand how to handle this type of situation correctly. Most Cops become violent under stress...why would you want them anywhere near a situation like this ? Social workers with stun guns...lol
July 22, 2010 at 8:06 AM Report abuse
nikonwilly said...
That is the major problem !...Why are we calling Law Enforcement for mental health issues ? I would not expect them to understand how to handle this type of situation correctly. Most Cops become violent under stress...why would you want them anywhere near a situation like this ? Social workers with stun guns...lol
July 22, 2010 at 8:06 AM Report abuse
red33soxgrl said...
Funny enough I see a lot of blame being put on the police, whom were called to diffuse a situation. HOWEVER- per the article the police did SUCCESSFULLY and NONVIOLENTLY diffuse the situation 2 nights prior. BUT the HOSPITAL & SOCIAL WORKERS discharged Mr. Norton from Southern Maine Medical Center. So really, WHO DIDN'T DO THEIR JOB HERE???? I'm incredibly sorry for the Norton Family, I am sure they are hurting; but please don't blame people to doing their job as trained. Take a look at whom really dropped the ball here.
July 22, 2010 at 8:43 AM Report abuse
homeboy said...
I don't believe that mental health officials are qualified to deal with a man with two knives who has (1) held a hostage for hours, (2) been told to drop the knives BEFORE he exited the house (and still didn't do it), and (3) pointed out where he wanted to be shot, not to mention having mixed alcohol and prescription drugs. We all feel sorry for his family and friends, but what about the officers involved? They have to carry this with them for the rest of their lives, as does the individual who gave the order to shoot. As for the beanbag gun, who knows how accurate these things are? Perhaps it misfired, or went off in a delayed manner that caused the bag to go off target.
July 22, 2010 at 8:47 AM Report abuse
said...
First this report made me angry, then I thought..what's the difference, the guy was mental, his family wasn't taking proper care of him so we might as well pay them because if he was alive we'd be supporting him and his "illness" for the rest of his life. It all comes out of the same tax base and maybe this will be cheaper. Greedy, sick people this family. It is true mental illness runs in the family!
July 22, 2010 at 9:09 AM Report abuse
SL of SP said...
Listen to your ramblings.. 'most cops become violent under stress', 'they need to be social workers', 'they were trigger happy or inexperienced'. How about they were called to a situation where a man, known to be suicidal was hold up in a house. Others were in the house whom he was either not letting them leave or they couldn't talk him into dropping his knives. They get the guy outside, so he is visible. He makes a move toward them. Beanbag misses. Shooter pulls the trigger. The real questions are..How long between the bean bag and shot? What does the news footage show(as this is all on tape)? Why weren't the mental health workers named in the suit(they are more culpable than the SPPD)? Why didn't he simply comply, what's the real story behind his suicidal thoughts...get the med records, he is deceased they are now discoverable and admissable.
July 22, 2010 at 9:40 AM Report abuse
frodo said...
The swat team was there. How are they going to get hurt with knives. I heard they were butter knives.They knew he was just hospitalized. Not thought out. Family should of called the fire department instead.
July 22, 2010 at 9:54 AM Report abuse
RMW said...
Why did the father call the police instead of going there to help his son? Typical. They want the police to handle the situation for them, but when it ends as this one did, they sue. Another suicide by cop. I'm getting sick of these stories. If your family member needs help, do it yourself or don't complain because the end result isn't what you desire. This guy was a threat to police and they took the appropriate action.
July 22, 2010 at 10:02 AM Report abuse
xBLACKSHEEPx said...
My heart and sympathies go out to the Family for their loss.. I completely agree under the circumstance of "kill or be killed" an officer of the law has the right to kill the assailant. However from what I've read and heard Mr. Norton had two butter knives! How many police were there? I heard the SWAT team was there.. They fired "one" beanbag shot missed, so they shoot him in the jaw!? Aren't they trained to shoot for the body? And if they had, he may still be alive.. They should have unloaded beanbags on him!! That would have takes him off his feet for sure, not a doubt! It's not like he was carrying a gun, they were butter knives!? C'mon people...
July 22, 2010 at 10:45 AM Report abuse
said...
This is a very sad case. The guy was in trouble ,everyone knew it. He, his family and his coworkers all sought help.Unfortunately it the wrong help showed up. Why weren't mental health faciliators there??( because THEY are afraid of getting shot) Police are trained to deal with CRIME not mental health problems. YOU treat CRIME differently then you treat mental health problems. Unfortunately too often IT is the POLICE(instead of mental health) who are asked to deal with it. And most of the time, despite little training, the result is better. Mental health problems are NOT a crime. He should have been left alone in the house with counseling over the phone!!! The mental health system had some culpability here.THEY failed him.
July 22, 2010 at 11:49 AM Report abuse
said...
"I don't believe that mental health officials are qualified to deal with a man with two knives who has.."on the other hand police are not trained on mental health. A phone counseling session would Not have endangered a mental health worker and MIGHT have defused the situation better then a GUN!!!Once his friend left he was a danger to no one but himself. The police being the fist line of defense on mental health cases only adds stress to an already stressful situation. Yes they were doing their job BUT where were the mental health people?? MOST suicide is preventable. Suicide by cop is a "COP out" BY the mental health community. Was there NOT a phone available for a counselor to talk with him??
July 22, 2010 at 12:06 PM Report abuse
said...
Police should NOT be the first line of defense for mental health calls( absent a crime); mental health workers should be. IF the concern is the workers safety; it can be done by phone. About a decades ago suddenly swat teams( Police, fire ambulance, the whole 9 yards) started showing up for suicide and mental health calls. I think that is OVER kill and a guarantee of ratcheting up all and creating a whole OTHER more intense crisis!!! This type of response needs a review. It makes mental health a crime and those suffering from it "feared", when they may ONLY be a danger to themselves.
July 22, 2010 at 12:25 PM Report abuse
Larry said...
All you people who are commenting and judging offficers actions with NO knowledge of police tactic or procedure. BeanBag rounds come out of a gun like a knuckle ball because it is not the intended projectile for a firearm. They are not long and slender like a bullet. Now put yourself in an officers shoes for a second...Crazy guy comming at you with a knife...You have seconds to react...do you wait til he plunges a knife in your neck...even a butter knife will kill you. Cops were put in a bad spot by a crazy person who was failed by the mental health community and it is their fault...Come on where is the common sense???
July 22, 2010 at 1:35 PM Report abuse
Robbie said...
Let me get this straight...the family failed to get their son the proper mental health treatment and now they want the city to give them $400,000.00.
July 22, 2010 at 1:49 PM Report abuse
Neil said...
If I was a police officer and a crazy person was charging me with a knife and I had to make a split second choice between a beanbag and a bullet. I gotta say I'd go with a bullet
July 22, 2010 at 1:52 PM Report abuse
RUSHME said...
well I think I speak for most Neil when i say THANK GOD YOUR NOT A COP!
July 22, 2010 at 2:52 PM Report abuse
les said...
A .223? And to the face? Seriously guys, a .40 to the leg would have sufficed. Especially if you're at 15 feet. With that caliber rifle at that distance he must have lost half his head. A .223 is a serious round (the civilian equivalent of a M-16 round)
July 22, 2010 at 4:01 PM Report abuse
Badoog said...
BLACKSHEEP, stop spouting off on what you have "heard". Find out the facts first. RUSHME: Two different officers realized that there was an immediate danger to another officer and fired simultaneously. Would you be be happy if he put the shotgun down and fired his handgun instead? And yes, beanbags are fired from a shotgun, thereby making them deadly force.
July 22, 2010 at 9:54 PM Report abuse