“STAR NB will host a 7:00pm candlelight vigil in memory of fifteen-year-old Malcolm Gracia.

This Monday, May 17th marks the nine-year anniversary of Malcolm’s murder by 5 New Bedford Police officers. As a community, we must not forget that justice still has not been served. Please join us in remembering Malcolm and keeping his name alive. #JusticeforMalcolmGracia.

MONDAY, MAY 17, 2021 AT 7 PM EDT
Memorial Vigil for Malcolm Gracia
West Beach Pavilion New Bedford MA

RSVP on Facebook here.”-STAR NB.

I recommend you read ‘A deep dive into the 2012 shooting death of 15-year old Malcolm Gracia in New Bedford’ before proceeding to get educated on the case. The article is written based on the 14-page Bristol County District Attorney investigation and details provided by Gracia’s family lawyer Donald Brisson (to include a 1-hour interview with him). Brisson for several months now has stated he will present more evidence to the public, so expect more on this case in the future.

One of the biggest claims against the police is that Malcolm Gracia should have never been stopped and that the police officer was never stabbed or that his stab wounds were not serious. A judge recently ruled that the stop was illegal. Though the stop was ruled not legal, being unlawfully stopped by the police doesn’t justify stabbing police.

Several police officers on the scene and an independent witness that watched the entire stabbing/shooting, state that Malcolm did in fact thrust a knife towards Detective Barnes twice before being tasered then shot to death. Photos I’ve seen of Officer Barnes shown by Gracia’s family lawyer Donald Brisson did show a wound to the torso though Brisson pointed out that there was no blood on the officer’s muscle shirt (a valid point, but not concussive on its own). The internet is full of claims from people who have very little knowledge of the case except what they’ve been fed by social media, the mayor/police, or Don Brisson. Some claim Officer Barnes was never stabbed, others claim he was only stabbed on the arm and not the chest, or that the chest wound wasn’t serious. So what does the EMT report state? He was stabbed in the chest and the arm, and that the chest wound was serious.

A copy of the redacted report (they took out the names of the EMT) can be seen below, but here are the transcribed details on the stabbing from the EMT that treated Officer Barnes. I spelled out some of the acronyms:

“Dispatched for an officer down. En route to the scene police department updated that they needed an additional medic. On arrival found a mob of people located at the corner of Cedar and Middle. About 50 yards north on Cedar found two patients. One patient was not breathing, the second was stabbed to the right chest and having trouble breathing. Immediately went to the officer down with the stab wound while (another medic) began care on patient not breathing. Our patient is a 34-year-old police officer with a single stab wound to the right chest with a hooked knife approximately 6 inches long. Upon initial assessment found the chest wound to be a sucking chest wound. Immediately applied pressure with gloved hand and then placed a chest seal.”

The medic then talks about the vitals and medical history of the police officer before continuing.

“Lung sounds were clear on the left, and present but slightly diminished on the right side. Patient is complaining of some difficulty breathing.”

The medic again talks about the vitals before continuing.

“Penetrating stab wound to the right chest wall the 5-6th nb. Abrasion to the left forearm. After placing the chest seal on, immediately placed the patient on 15 LPMO2 via NRB. Patient transported via stretcher with assistance of police and fire department. Patient transported to Medic 1. Vital signs assessed. EKG Sinus. Multiple IV attempts made without success. Did eventually establish two IVs. 20g. NS lock flush to left forearm. 20g NS lock flush to right.”

“En route to Rhode Island hospital, patients respiratory rate increased and patient began to show signs of an increase in difficulty breathing. LS (Chest seal?) became absent on the right side of the chest. At this moment performed a needle decompression on the right side of the chest located in the 2-3 intercostal space. Immediately heard and felt a rush of air. Sealed the needle decompression with a second chest seal. Patient’s respiratory rate decreased within normal limits. SPO2 increased and patient no longer had any difficulty breathing. Patient was able to be placed on a NC at 4LPN. Rhode Island Hospital nottified via C-med CH 1. Upon arrival at Rhodes Island Hospital, patient was brought to trauma 2 and report was given to Rhodes Island Hospital ED staff. Patient status remained stable at the time of the transfer. Patient transported to Rhodes Island Hospital with fire department driver, police officers present in the back of the ambulance with police intern student as well.”

Based on this EMT report, Officer Barnes suffered two wounds, the more serious one a sucking chest wound. A chest seal was applied to Barnes’s chest at the scene of the stabbing and then again while being transported to Rhode Island Hospital. It’s important to note at the time of the stabbing in 2012 all seriously wounded patients were sent to Rhodes Island Hospital, not St. Luke’s because there wasn’t a trauma center there at that time. The medical records of Officer Barnes have not been released – I’ve been told they won’t be released as part of the settlement. Besides the photos that Don Brisson showed me but hasn’t released yet, the EMT report is the only medical document that we currently have available to make judgement.

It’s hard to read this EMT report and not conclude that Officer Barnes suffered a serious and a minor stab wound. All witnesses on the scene of the stabbing/shooting state that Malcolm Gracia thrust a knife twice at officer Barnes and the EMT report confirms two wounds. To say otherwise is just to ignore the facts to continue to push a false narrative. Anyone who says officer Barnes wasn’t stabbed that night could only conclude a deep cover-up by not only the police but the district attorney, fire department personnel, EMT, all the doctors/staff that treated officer Barnes at Rhode Island Hospital and the independent witness at the scene. For me, the wounds are irrelevant – it’s clear that Malcolm Gracia thrust a large knife at a police officer. If a suspect shoots at police, would you honestly say police shouldn’t shoot back because the suspect missed?

People are allowed to conclude whatever they want about this case, but at least now you have not only a 14-page DA investigation report but the EMT report detailing the wounds inflicted on Officer Barnes.

UPDATE: We added a link to the EMT report that details the wounds and treatment of Officer Barnes and added a 2012 article detailing Nick Baptiste, Gracia’s former teacher talking about Malcolm’s potential yet troubled past.

On May 17, 2012, 15-year old Malcolm Gracia was shot and killed by New Bedford police officers. Here’s a deeper look into the New Bedford Police Department’s only police-involved shooting in the past 10 years from the perspective of the Bristol County District Attorney’s report and the Malcolm Gracia family lawyer.

At the time of the shooting

I started New Bedford Guide in August of 2010. Besides myself, we did not have any reporters in May of 2012, so I shared The Standard-Time’s articles on this case on our Facebook page. It seemed clear cut at the time – a troubled teen stabbed a police officer and was shot to death. The popular opinion at the time, albeit with limited information, was “Don’t want to get shot by police? Don’t stab them.” These thoughts were obviously an oversimplification of the Malcolm Gracia shooting.

Here are the facts according to the Bristol County DA’s 15-page investigation (which I have read three times):

Malcolm Gracia’s background and events leading up to the shooting

• Malcolm Gracia was born on December 9, 1996.

• A week before his death, Malcolm ran away from home and was living on his own. He also ran away from home at least twice in 2010. His mother suffered from a mental condition that prevented her from parenting him. He sometimes lived with the 16-year old that was with Malcolm the night he was killed. No one filed a missing child police report from the time he ran away (May 7, 2012) to the night he was shot and killed (May 17, 2012).

• Joseph Ramos, Malcolm Gracia’s father, was shot and killed by Dartmouth police on August 11, 2009, when he attacked two officers with a homemade weapon. Malcolm Gracia did not have contact with Joseph Ramos before his death. Joseph Ramos suffered from a long history of mental illness. According to Malcolm Gracia’s 16-year old companion, Malcolm blamed the police for his father’s death.

• Other people who knew Malcolm stated he had a problem with mental health and his companion stated he was suicidal.

• In February 2011, Malcolm allegedly threatened to kill a police officer at his school stating that he would put three bullets into him.

• On April 12, 2012, a month before his death, Malcolm was admitted to a mental health facility. Anti-depressant and anti-psychotic pill bottles were recovered from Malcolm’s room after his death. These medications were nearly the maximum dosage given to adults. Malcolm stopped taking these medications nine days before he was shot. Gracia’s family stated that Malcolm was unstable when he wasn’t on his medication, yet never reported him as a runaway for the nine days he ran away from home without them. Malcolm’s companion stated that Malcolm was schizophrenic and heard voices.

• In a May 2012 WCVB article, Nick Baptiste, Gracia’s former teacher at an alternative school, said the teen was smart but had a troubled past.

“I sat him down with a counselor and we talked about issues just like this so it really shouldn’t come as a surprise to anybody,” Baptiste said.

Article can be read here.

• Malcolm’s companion also stated that Malcolm not only talked about suicide but cut his wrists two weeks before he was shot and killed on May 17, 2012. The medical examiner reported numerous well-healed scars and recent cuts on Malcolm’s left wrist. The medical examiner reported that the recent cuts were around the time of Malcolm’s death.

• Malcolm’s companion admittedly gave Malcolm the knife used on the night of May 17. On May 14, four days before his death, Malcolm posted a photo holding the knife used to stab the New Bedford police officer with the caption: “Ready to kill.“ Two people liked the post, but no one reported it to the police.

Investigations and witnesses

• The Massachusetts State Police, the Bristol County District Attorney (Sam Sutter at the time), and the New Bedford Police Department each conducted independent investigations into the shooting death of Malcolm Gracia.

• There were seven total witnesses to the event that night; five New Bedford Gang Unit police officers (four officers on the scene and the gang unit supervisor) and two civilians (Malcolm Gracia’s teenage friend and a man that lived in a Cedar Street apartment at the scene of the shooting). According to the DA, newspaper articles reported statements by other people who either lied and were not on the scene or refused to provide statements to the police.

The events of May 17, 2012 – the Night Malcolm Gracia is shot and killed by police

• Five members of the New Bedford Police Department Gang unit were located at the police headquarters on Rockdale Ave. The Gang Unit supervisor, Brain Safioleas, was monitoring video surveillance of the basketball courts at Temple Landing. He recognized everyone except two young men. None of the other police officers recognized the two young men who would later be determined to be Malcolm Gracia and his 16-year old companion. The police report seeing the two young men exchange a possible gang handshake (Gracia family lawyer disputes this). The police make the decision to locate and identify the two young men.

• Four detectives report leaving the police headquarters in two unmarked police cars while wearing “Police” on their shirts or badges on their chest area or both. When police arrived at the basketball courts at Temple Landing, the crowd of teenagers dispersed. Malcolm Gracia and his companion walked north on Cedar Street.

A detective from one of the patrol cars got out of the vehicle in front of Gracia and his companion. The police officer claims he said, “Hey guys, what’s going on tonight? I just want to talk to you.” The Cedar Street witness, the only other civilian witness other than Malcolm’s companion, said he did not hear these words. The first words he heard were instructions to Malcolm and his companion to stop and put their hands up. Malcolm’s companion also states the officer did not attempt conversation and instead were told to put their hands behind their back (DA says this goes against police procedure as a weapon could be behind their back). The police officer claims that in previous encounters like this individuals carrying illegal weapons or contraband usually run and discard their weapons or other items. In this case, he stated both individuals had their hands in their pockets.

The officer states he perceived a threat because their walking gait changed and Malcolm’s companion wouldn’t make eye contact. The officer claims he asked both to take their hands out of their pockets multiple times, but both refused. The officer determined he would pat-and-frisk both, closed the distance, and put his a hand on each of their shoulders while waiting for Detective Barnes, the other officer in the patrol car. The third and fourth officers were parked further to the south and were walking north.

• The detective states he told Gracia and his companion to put their hands on a nearby car, but they did not comply. The detective then states he tried to guide them both to a parked car near the sidewalk when Gracia ran south/east where he then faced the two detectives walking north. All four detectives and the Cedar Street witness claim Gracia was grasping at his waist/pocket with both hands and perceived he was retrieving a weapon.

• Officer Barnes came face-to-face with Gracia and states he put his hands on Gracia’s shoulders to control him. Gracia puts his left hand on Barne’s back and with his right-hand thrusts the knife into Barnes’s abdomen. All of the detectives and the Cedar Street witness now realize Gracia has a knife. Gracia thrusts the knife for a second time. According to the Cedar Street witness, Gracia attempted to stab Barnes multiple times. Barnes backed up and fell to the ground. The Cedar Street witness states Gracia intended to injure Barnes.

• Gracia then moved south and then again faced the two detectives heading north. The detectives instructed Gracia to stop, drop the knife, and get on the ground. Gracia advanced. The Cedar Street witness heard the detectives repeatedly yelling at Gracia to stop. The detective, now to Gracia’s right, attempts to taser Gracia. The taser has no effect as likely one probe missed Gracia and was recovered from the scene later (The Gracia family lawyer claims the taser was used after the first three shots, not before). According to the Cedar Street eye witness, Gracia continued to ignore both detectives’ commands and was advancing towards one of them.

The Detective who attempted to taser Gracia was now behind him. Both officers have their guns drawn and pointed at Gracia. They again yelled for Gracia to stop, but Gracia ignored the commands. Both Detectives fired a total of three shots at Gracia and verified by shot spotter and the Cedar Street witness. Gracia stops and stumbles to the ground and is a few feet from one of the detectives. Both officers instruct Gracia to drop the knife and stay on the ground. The Cedar Street witness states he heard the detectives telling Gracia to “Stay down, stay down.”

• The Cedar Street witness states Gracia fell when he was shot and then got up on one knee with the other foot planted on the ground. According to all eyewitnesses Gracia was still holding the knife. The second set of three shots is then fired by the officers all three recorded by shotspotter.

• Six shots were fired and three projectiles were recovered.

• Malcolm Gracia was pronounced dead at 9:21 pm.

• Malcolm’s knife and sheath were recovered from the scene.

• Malcolm’s companion fled north, but was located at his home the next day and agreed to come to the police station with his mother. He told police he also had a knife that was discarded next to a church on the way home. Police recovered the knife.

• Detective Barnes was transported to Rhode Island hospital where he was treated for stab wounds to his chest, abdomen, and his arm. The Gracia family lawyer disputes that Detective Barnes was ever stabbed, and if he was, it was very minor. He has photos of Detective Barnes at the hospital wearing a white muscle shirt with no blood on it though there is at least one wound visible.

The EMT report from that night states officer Barnes was stabbed in the chest and the arm, and that the chest wound was serious. EMT report can be read here.

Malcolm Gracia Autopsy

• Dr. Peter Cummings performed an autopsy on Malcolm Gracia on May 18, 2012, the next day.

• The toxicology screening of blood determined the presence of illicit drugs (marijuana)

• Malcolm had multiple self-inflicted scars on his body to include his left wrist/forearm, right wrist, and left thigh.

• Malcolm had been shot four times. None of the gunshot wounds were from close contact (no damage to the skin from gunpowder or gases associated with escaping projectiles from a gun).

• One gunshot wound barely penetrated his lower right back. The medical examiner was unable to determine the direction of travel of the projectile.

• One gunshot wound was an entrance into the right side of the head just below the right ear and exited the left side of the head. This was independently fatal.

• One gunshot wound entered the right side of the upper back and was recovered.

• The fourth gunshot wound entered the left side of his lower back.

DA’s conclusion

• The attempt by a single detective to engage Malcolm Gracia and his companion was consistent with NBPD’s approach to provide a community-based effort in areas of New Bedford that have experienced violent crimes. A judge later ruled that the stop was unlawful.

• The Detective’s training to recognize armed individuals was correct as both Gracia and his companion were armed with knives.

• The Detective’s perception of danger was real and the precautionary steps he took were designed to prevent the violence that ensued.

• Gracia’s violent assault on Detective Barnes and his threatening advance on others was the sole cause of the escalation of the incident and was independent of any action by the police.

• The shooting, though tragic, was justified under the circumstances

The Malcom Gracia case in 2020

Recent Black Lives Matter protests in New Bedford have centered around the shooting death by police of Malcolm Gracia. While George Floyd is the national focus when it comes to protesting the police, Malcolm Gracia is New Bedford’s primary issue for protestors. It’s a complex case for many reasons.

First, the civil case is over. After several years in the civil court system, in February of 2020, the family of Malcolm Gracia accepted a one-time payment of $500,000 with the agreed-upon term that no admission of wrongdoing by the City or any police officer. A common question asked is, if your case against the City of New Bedford and police was solid, why settle out of court and why agree to a no-fault clause?

Second, Sam Sutter, the Bristol County District Attorney at the time, found no reason to charge the police officers involved in the shooting death of Malcolm Gracia. By all witness accounts, to include an independent witness on the scene, Malcolm Gracia did thrust a large hunting knife towards a New Bedford police officer multiple times with the intent to injure. Malcolm Gracia’s family lawyer even admitted to me that the taser was used before the final shots were fired at Malcolm Gracia. There is a dispute by Gracia’s family lawyer on how severe the knife wound was on officer Barnes, but a police officer did get wounded based on the photos I saw and the EMT report. Based on the information I detailed earlier, DA Sutter found the shooting to be justified and no police officers were charged with a crime. Bristol District Attorney Thomas Quinn III said he has reviewed the case and found that the shooting was justified. He said he has no plans to reopen the case.

Still, the Malcolm Gracia case leaves a lot of unanswered questions; were the final three shots needed while Malcolm was on one knee? Why wasn’t the blood on Malcolm Gracia’s knife ever tested by the police or the family lawyer? In 2019, a judge ruled that stopping Malcolm Gracia that night was unlawful, have the police changed their tactics since? Are there more video recordings from that day and why were the recordings wiped clean by the Massachusetts State Police as Gracia’s family lawyer claims?

You’ll find Gracia’s family lawyer, Don Brissom, disputing many of the DA’s findings here. Our 1-hour long interview with Brissom can be see here as Paul Santos goes paragraph by paragraph over the DA’s report mentioned about:

I’ve reached out to the current Bristol County District Attorney Tom Quinn for an interview, but his office has yet to commit to one.

If you would like the full 14-page copy of the DA’s report email mike@newbedfordguide.com.

By Davell Thomas

A community forum on the need for New Bedford to launch an independent investigation into the police killing of Malcolm Gracia will be held via Zoom on Wednesday evening.

Community members who organized the June 7 Justice for Malcolm Gracia Car Caravan, which involved more than 75 vehicles in a protest that moved through the city, put together the forum and invited state & city’s elected officials (State Representative Christopher Hendricks, State Representative Antonio Cabral, Mayor Jon Mitchell, and all the New Bedford City Councilors) to be part of the forum. Participants distributed posters with the message “We Demand Charges On Tyson Barnes – David Brown – Paul Fonseca -Brian Safioleas -Trevor Sylvia for filing false police reports. Call 508 997-0711. JUSTICE FOR MALCOLM GRACIA”

The public forum is specifically intended to share the details of this case with our elected officials before the community that they claim to represent. The Zoom meeting will run from 6 to 8 p.m. and the Zoom ID is: 996 7358 2873.

Gracia was shot and killed by New Bedford police in 2012. Recently, surveys of community needs and demands showed overwhelming support for “an independent investigation into the New Bedford Police murder of Malcolm Gracia and criminal cover-up.”

Amid a national crisis, a local collective committed to racial and social justice has formed and continues to grow. The collective will continue to organize a grassroots movement in response to state-sanction violence and structural racism. The organizers and participants of the collective seek to strategically create change in the policies and practices that have upheld institutional racism, state violence, and injustice. The collective also has a goal of bringing awareness and education to local residents and organizations on the issues that negatively affect people of color and violate their basic human rights.

A letter to state and city leaders inviting them to the forum reads:

“We are DEMANDING that you act to leverage your position and exercise your responsibility as a publicly elected official by formally and publicly calling for charges to be brought up on New Bedford police officers Tyson Barnes, David Brown, Paul Fonseca, Brian Safioleas, and Trevor Sylvia for filing false police reports in the murder of New Bedford teen Malcolm Gracia.

Individuals in New Bedford can no longer claim ignorance on this matter. Ignorance certainly is not innocence. We are demanding action by our publicly elected officials. If they choose inaction, we will have no choice but to continue taking further actions. We will not cease until justice is served!”

For more information regarding the collective, movement, caravan, or the Wednesday-night meeting, please contact Davell Thomas at thomasdavell0@gmail.com.

In the pursuit of JUSTICE,

Davell Thomas

By John G. Buddy Andrade:

“Hi America,

We again are faced with the most vicious and ugly virus of all, (I don’t mean COVID-!9 or WAR) I mean BlackHateRacism-RacismHateBlack.

I want to be clear I am focused on hate racism towards Black People – African Americans and we must stop allowing everyone else problems to be more important than ours.

Let’s work together to find a final solution to our concerns around health, environmental health, environmental justice, homeownership and affordable housing, Job training career discriminations, total criminal justice reform, RETRAINING of ALL LAW ENFORCEMENT PERSONNEL AND POLICY CHANGES. drugs and gun violence Education for our children and young adults so that they can HEAL themselves from the BlackHateRacism-RacismHateBlack, an American Virus.

The young people in New Bedford who have made their voices heard, good job. I urge you to be your leaders to keep on the path of non-violence, don’t follow, lead for peace and freedom, we need your voices at the table to fight for change.

Colin Kaepernick tried to warn people that enough is enough, he provided a peaceful constitutional right of expression for Americans to take part in, remember what happened, BlackHateRacism-RacismHateBlack, now what?

In Solidarity with all the black families who have lost love ones, we in New Bedford stand with you.

New Bedford, we have our own unfinished business, “while we are on the subject” – Malcolm Gracia.

What I am sharing is Public Information it happens here and is
still not solved. Please view video link: https://www.youtube.com/watch?v=GZxy2rhZ3os and read ‘Will New Bedford ever know the truth about what happened to Malcolm Gracia?’. Let’s not forget Malcolm Gracia, and his family he was only 15 years old. Where is his Justice?

Let’s organize peaceful and positive solutions, we all can do something there are many ways to get involved. Be leaders for peace and freedom.”

John G. Buddy Andrade

Also read:
Op-Ed: Kareem Abdul-Jabbar: Don’t understand the protests?
What you’re seeing is people pushed to the edge
https://news.yahoo.com/op-ed-kareem-abdul-jabbar-022901673.html

ALSO, LISTEN TO AND PLAY IT LOUD
James Brown…Say It Loud I’m Black And I’m Proud… 1968

The City of New Bedford has reached a settlement agreement with the family of Malcolm Gracia. You can read the City of New Bedford’s response here.

The following was submitted by attorney Donald A Brisson and attorney Kerry Garde Souza:

“Will New Bedford ever know the truth about what happened to Malcolm Gracia?

Yes, they will.

Today the Superior Court lifted the protective order that kept us silent.

We are silent no more. The City of New Bedford has settled with the family of 15-year- old Malcolm Gracia.

Malcolm’s family agreed to this settlement because it allows them to publicly present the evidence that shows that Malcolm did not thrust a hooked knife into Detective Barnes. The City of New Bedford and the former Bristol County District Attorney, Clifford “Sam” Sutter, fed the public a distorted view of the evidence. We intend to correct that distortion by presenting the public with the factual, physical, forensic, video and photographic evidence of what actually happened to Malcolm. The City of New Bedford and the late Chief of Police, David Provencher, enabled, empowered and encouraged the kind of conduct that lead to the shooting death of Malcolm, by it’s “High Energy Patrol Initiative” and “Meet and Greet” directives. They were the grand architects of the events that led to the death of Malcolm and the false narrative that followed.

Malcolm was targeted by the Gang Unit solely because they did not know him and that he engaged in an elaborate handshake. He committed no crime. Malcolm is first encountered by Detective Brown, when Brown attempts to “guide” him to a car, Malcolm runs away. Malcolm has not committed a crime, nor is he suspected of committing a crime. Detective Barnes ran Malcolm down. Barnes “immediately grabbed his shoulders and drove him back into like … the building area,” according to his partner Brown. Barnes had no legal right to grab Malcolm and no legal right to drive him into a building. A Superior Court judge ruled that “even on the defendants’ version of the facts, the stop would be unlawful.”

Barnes arrived at Rhode Island Hospital at 9:31 p.m. on May 17th and approximately seven hours later his discharge orders were written. The evidence will dispute the narrative that Detective Barnes was stabbed. The evidence will dispute the narrative that Malcolm was advancing on Detective Silvia when he was shot three times in the back. Silvia alleges that he was within five to seven feet of him when he shot him. Silvia’s shell casings were found 45′, 35′ and 19′ from where Malcolm was shot. The evidence will dispute the narrative that Malcolm was tazed before he was shot three times in the back. Detective Fonseca’s tazer indicated that it was deployed between the 3rd and 4th shots fired at Malcolm. After Malcolm is tazed he is then shot one time in the side of his head, during the 4th, 5th or 6th shots fired at him.

All of the detectives were interviewed, with their attorney present, between four and eight days after the death of Malcolm. Malcolm’s sister, Christina, was interviewed by law enforcement on the same evening of his death at St. Luke’s Hospital hours after giving birth to her daughter. While Malcolm laid downstairs in the same hospital, her request to see and identify her brother was denied.

On May 16, 2020, the eve of the eight-year-anniversary of Malcolm’s death, a presentation of the evidence will be displayed at a location and time to be determined. Malcolm’s family welcomes the public, the media, the Mayor of New Bedford, the Chief of Police, any member of the New Bedford police department, the Mass. State Police, and the Bristol County District Attorney’s Office to the presentation of the evidence. The truth still exists; the truth still matters, and the truth will be told.”

The attorney representing the family of Malcolm Gracia made a statement and can be read here. The following was sent by the New Bedford mayor’s office:

“The City of New Bedford has reached a settlement agreement with the family of Malcolm Gracia. Under the terms of the settlement agreement, there is no admission of wrongdoing by the City or any police officers, and funds available through the City’s insurance policy will be used to make a one-time payment of $500,000 to the family.

The settlement allows the City to avoid substantial litigation costs associated with trial proceedings and provides a measure of closure to the Gracia family following a protracted period of legal action, after the family filed lawsuit in 2015.

On May 17, 2012, Malcolm Gracia died after an encounter in the Temple Landing neighborhood in which he stabbed a New Bedford Police Detective with a hunting knife. Police had first attempted to subdue Gracia with a Taser, ordering him to drop his knife as he moved toward another detective; after this failed to stop Gracia, two detectives at the scene then shot and killed him.

The Bristol County District Attorney’s office concluded in its report of the incident that “[T]his shooting, although tragic, was justified under the circumstances,” given the officers’ repeated attempts to avoid the use of deadly force in subduing Gracia after ordering him to drop his weapon following the stabbing.

After the incident, the City initiated a citywide dialogue facilitated by the U.S. Department of Justice, at the City’s request. An action planned was signed in 2013 and has continued to be carried out, continuing efforts to strengthen relations between youth and police including partnerships with community organizations to build trust and improve communication in the city.

In the nearly eight years since the incident, the New Bedford Police Department has continued to dedicate time and resources to comprehensive training for all officers, including a review of all patrol training and mandatory training courses for all sworn officers annually, annual use-of-force training, annual reasonable suspicion and probable cause training, anti-discrimination and fair and impartial policing training, and reviews of internal affairs practices and video monitoring equipment of the department. The Department has institutionalized these practices.

Mayor Jon Mitchell said, “As the late Police Chief David Provencher noted in the wake of the incident, ‘This whole thing is a tragedy all around. The family has lost a son. The officers’ lives have been altered. No officer comes away from the loss of life unscathed.’ Since the incident, the neighborhood and Police Department have worked hard to build trust and strengthen communication together. Our police force, led by Chief Cordeiro, has continued to focus on a community-based approach to policing that fosters trust and dialogue to best protect and serve all of New Bedford’s residents.”

New Bedford Police Chief Joseph Cordeiro said, “The New Bedford Police Department remains committed to fostering a spirit of trust among residents and officers in our community. The mission of our Department is to protect and serve the people of our city, and our officers are dedicated to that mission every day in the effective community policing they practice in New Bedford.”

***JUVENILE ARRESTED WITH FIREARM AND AMMUNITION***

NEW BEDFORD – “Detectives have placed a 17-year-old under arrest for carrying a firearm in the city’s south end.

On Saturday, January 13th, detectives assigned to the Organized Crime Intelligence Bureau were conducting surveillance in the south end sector. At around 3 PM, Det. Sgt. Jarrod Gracia observed suspicious activity involving a vehicle stopped in a supermarket parking lot. Detectives followed the vehicle as it traveled away from the scene and then conducted a traffic stop at the Dartmouth St./Fair St. intersection.

The vehicle was found to contain three occupants who gave conflicting statements to the investigating detectives. A search of the vehicle was conducted, and a Polymer 80 firearm was located in the backseat where a 17-year-old juvenile had been seated.

Also discovered was a magazine and 16 rounds of .40 caliber ammunition. Under Massachusetts law, magazines capable of holding more than 10 rounds are considered to be “high capacity” which is an additional criminal charge.

The juvenile was placed under arrest and charged with carrying a firearm, as well as possession of ammunition and a high-capacity feeding device.

The arresting officer was Detective Jonathan Miranda.

If you have any information you would like to share with the police, you can do so anonymously by visiting our website, newbedfordpd.com, or by calling 508-99-CRIME.”-City of New Bedford Police Department.

“NEW BEDFORD – Detectives have placed a man and woman under arrest for trafficking in crack cocaine.

On the evening of December 1st, narcotics detectives were conducting surveillance in the west-end sector. Det. Sgt. Jarrod Gracia was monitoring the area of the Bullock St./Trinity St. intersection, in response to anonymous information concerning possible drug activity. At around 8 PM, he observed what he believed to be a drug transaction taking place at this location involving a couple in a Mercedes.

The vehicle was followed until it was ultimately stopped by officers at the Austin St./Richmond St. intersection. It was found to contain two occupants, the operator, Mr. KEITH SANTERRE, 46, and his girlfriend, Ms. JENNIFER SANTOS, 42, both of 87 Orange St., Fall River.

As the result of a subsequent search, SANTERRE and SANTOS were found to be in possession of over 43 grams of “crack” cocaine, along with a digital scale that was covered in a white, powdery substance. Additionally, SANTERRE was found to have two active warrants for his arrest.

Both parties were placed under arrest and are being charged with trafficking in crack cocaine and conspiracy to violate the controlled substance laws.

SANTERRE has an extensive history of convictions for a variety of offenses including armed robbery, assault and battery with a dangerous weapon, and drug possession. At this time, he is being held in the custody of the Bristol County Sheriff.

This case was investigated by Detective Sgt. Jarrod Gracia and Det. Samuel Mojica-Algarin.

If you have any information concerning crime, you can remain anonymous. Call 508-99-CRIME, or visit our website and leave tips at https://www.newbedfordpd.com/report/”-City of New Bedford Police Department.