Family of Mass. man who died after arrest at police sobriety checkpoint files federal lawsuit

Family of Mass. man who died in custody sues

BOSTON — The family of a Massachusetts man who died in police custody after being stopped at a sobriety checkpoint filed a federal lawsuit Tuesday, alleging that police beat him to death.

The federal civil rights and wrongful death lawsuit filed by Kenneth Howe’s wife and three children names dozens of state troopers, local police officers and county sheriff’s deputies, many of whom were assigned to a checkpoint in North Andover on Nov. 25.

Family attorney Frances King cited a finding by a state medical examiner who ruled Howe’s death a homicide caused by “blunt impact of head and torso with compression of chest.” Cardiovascular disease was listed as a contributory condition.

Authorities say Howe, 45, was taken into custody after striking a trooper and trying to flee. They say he slumped over and became unresponsive while being booked at the state police barracks. He was taken to a hospital, where he was pronounced dead.

King, however, dismissed those claims.

“There is no rationale and no justification for beating this man to death,” King said at a news conference, where she was flanked by Howe’s wife and two of his daughters.

Lenny Kesten, an attorney for the North Andover police officers named in the lawsuit, called King’s claims “irresponsible.” Kesten said Howe struggled with police and was conscious and alert when he was put into a state police cruiser.

“It’s tragic that this man lost his life,” he said. “It’s a tragedy for his family and friends. Everybody regrets that it happened, but no police officer murdered him or tried to. It was a struggle and he passed away.”

Steve O’Connell, a spokesman for Essex District Attorney Jonathan Blodgett, declined to comment on the lawsuit, but said the investigation into Howe’s death was continuing.

A spokesman for state police did not immediately return a call seeking comment.

The lawsuit, which seeks unspecified monetary damages, claims that Howe was beaten after traveling to North Andover from his home in Worcester with two friends to buy a speedboat.

According to the lawsuit, Howe, a passenger in the pickup truck, was smoking a marijuana cigarette when the three men approached the checkpoint. Seeing the police, Howe tried to put out his cigarette and fasten his seatbelt.

The suit claims that a state trooper approached the front passenger side of the truck, where Howe was sitting, and ordered Howe and the driver out of the truck. Howe held both hands up and tried to explain that the cigarette was all he had in his hands, according to the suit.

The suit claims that the trooper then “forcefully removed Kenneth from the truck and screamed, ‘He assaulted me!’”

“At that point, between approximately 10 and 20 law enforcement officers swarmed on Kenneth,” the lawsuit states.

The lawsuit cites a series of 43 photographs taken by a photographer from The Eagle-Tribune newspaper allegedly showing Howe face-down on the ground surrounded by police officers, some of whom are on top of him and restraining him.

The lawsuit says Howe was dragged to a state police cruiser and taken to state police barracks. He later was taken to Lawrence General Hospital and was pronounced dead shortly after midnight on Nov. 26.

The lawsuit alleges that police used excessive force and were slow to provide medical services.

King called on the U.S. attorney’s office to investigate Howe’s death, saying it is “nothing short of absurd” for state police within the state prosecutor’s office to investigate the actions of other state police.