A chaotic chase that stretched across multiple Middlesex County communities and ended with a garbage truck smashed into the Alford Street Bridge near Encore Boston Harbor will not lead to criminal charges for the Everett police officer who opened fire during the incident.
In findings released yesterday, the Middlesex District Attorney's Office concluded that Everett Officer Daniel Wall was justified when he shot and wounded 33-year-old Admilson Vizcaino, who prosecutors say had taken control of a trash truck near the casino last summer. Investigators determined Wall fired to protect the truck driver and people nearby after less lethal efforts to stop Vizcaino did not work.
According to the Middlesex District Attorney's Office, a full review found “no criminal charges are warranted” against Wall. The office released a redacted memorandum and supporting report that lay out the evidence, legal analysis and reasons behind the decision.
Prosecutors say the shooting capped a roughly three-hour series of sightings and encounters that started in Medford and moved through Stoneham, Billerica and Malden before ending on Broadway in Everett, near Encore Boston Harbor. There, authorities say Vizcaino crashed his SUV, tumbled out and tried to force his way into other vehicles. Surveillance footage and prosecutor accounts also note that officers later found gas cans in his SUV and that video shows him dropping a cigarette lighter while running from police, according to The Boston Globe.
What prosecutors say happened
Prosecutors say state troopers and Everett officers confronted Vizcaino after he allegedly swung a knife at officers and was hit with Taser blasts multiple times, but kept resisting. As the struggle spilled onto a Republic Services garbage truck, investigators say Vizcaino opened the driver’s door and wrestled with the driver for control of the vehicle.
At that point, according to the Middlesex District Attorney's Office, Officer Wall fired his gun while trying to free the driver from Vizcaino’s grasp. Wall was able to pull the driver away, but prosecutors say Vizcaino then drove off in the truck, continuing for about a half-mile before crashing into the Alford Street Bridge. Vizcaino was taken to a hospital in critical condition.
Why prosecutors declined charges
In its legal analysis, the DA's office wrote that Wall reasonably believed he and others were in imminent danger and that nonlethal options had already been tried and failed, conclusions laid out in a final 44-page report. As summarized by The Boston Globe, Assistant District Attorney Adrienne C. Lynch concluded that Vizcaino’s unpredictable and assaultive conduct, combined with the failure of multiple Taser deployments, left deadly force as the only viable option.
Ongoing case and redactions
The DA's office said portions of its memorandum were blacked out to protect witness identities and certain investigative records while the criminal case against Vizcaino moves forward. The redacted memo is publicly available online, and prosecutors note that the charges against Vizcaino will continue through the courts separately from the decision not to pursue criminal charges against Officer Wall.
