Pawtucket's mayor wants to fire officer acquitted of shooting teenager
PAWTUCKET, R.I. (WJAR) — A Pawtucket police officer who avoided prosecution in a criminal case could still lose his job.
The city is trying to fire Daniel Dolan, found not guilty last month of shooting a teenager after a highway incident.
Pawtucket Mayor Don Grebien said after a few investigations, they have decided to release Dolan from his duties.
"There was enough to determine not only from a perception but from the responsibilities that he was not following to terminate him," said Grebian.
Reactions from the attorneys
Dolan's attorney, Michael J. Colucci released a statement showing his disappointment in the decision. The statement was released Thursday morning, saying in part:
“In that vein, it is unfortunate that the outcome has been pre-determined in the eyes of the administration. That is fundamentally unfair and may speak to why so many in the profession are leaving or failing to apply to become police officers."
Vincent's attorney, James P. Howe sent a statement as well. He was pleased with the decision but felt it was a little too late. His statement reads in part:
"Although we support this action, in reality due to the pervasive issues in the Administrations of the Pawtucket Mayor, Coty Council, and Police Department, Daniel Dolan was allowed to remain on duty even though his history disclosed repeated acts of violence in derogation of his duties as a Pawtucket Police Officer. "
Context regarding the case
Dolan was found not guilty last month of four charges in the shooting of then-18-year-old Dominic Vincent outside a West Greenwich pizza shop.
Dolan said he showed his badge and approached Vincent's car after the teen sped by him on Interstate 95.
Dolan testified Vincent drove at him and that he fired a shot in self-defense, striking Vincent in the arm.
Prosecutors contended that the Pawtucket officer, who was off-duty, had no jurisdiction in West Greenwich.
How LEOBOR plays a role in Dolan's future
Grebien said the city conducted an investigation, separate from the court case, with legal counsel outside of the city.
Grebien was not able to give NBC 10 many details because of Rhode Island Law Enforcement Officers’ Bill of Rights (LEOBOR).
Rhode Island Officers receive certain protections. In this case, they are allowing Dolan to be on paid administrative leave.
Dolan was initially suspended without pay, but the city said when he was found not guilty, LEOBOR required his pay to be reinstated.
Harrison Tuttle of the BLM Rhode Island PAC along with other activists are calling on state legislators to repeal LEOBOR this year.
"I want to applaud the city of Pawtucket, especially the mayor for taking the step of terminating Officer Dolan," said Tuttle. "But unfortunately, just like many other cases across the state, when it comes to the autonomy of the mayor and police chief, and their cities and towns they can't actually fire officers that do things wrong."
Tuttle said issues surrounding LEOBOR have been ongoing for about three years now and there needs to be action.
"That's one of the problems of LEOBOR is that if we saw someone like George Floyd or Tyre Nichols murdered here in the state of Rhode Island, those officers would be paid until the criminal trial is over and of course, the LEOBOR trial, which is what timeline we are on right now. But until that process is over, no matter what that officer had done, not the police chief, not the mayor, not any elected official could basically hold a city employee accountable."
A previous file on record
NBC 10 learned that Dolan had a previous incident before the shooting in June 2021, but due to L.E.O.B.O.R., we were not given specifics.
"There was a video so I can talk about that in general and this is why LEOBOR and the Bill of Rights, we need flexibility," said Grebian. "We know we're not going to get ultimate change or relief but there needs to be, to help us because as mayor and administrators and leaders, it's hard for us to share the stories and so people think we're hiding stuff."
Grebien said with major decisions like a termination, a file of the employee's entire history comes into play.
"We have enough evidence to terminate," said Grebian. " We'll go through that process but I also want to say to the community that there are a lot of good men and women in the department and that this one bad apple doesn't reflect the great work that the Pawtucket Police Department and our chief does."
Dolan's lawyer, Michael J. Colucci, released the following statement:
"I am not able to comment on the City’s internal investigation since, per my Information, it is still ongoing. In that vein, it is unfortunate that the outcome has been pre-determined in the eyes of the administration. That is fundamentally unfair and may speak to why so many in the profession are leaving or failing to apply to become police officers," Colucci said.
"As to the underlying criminal case, protecting the lives of the motoring public, wherever they may be found, seems to be the hallmark of honorable service. The one thing that will never be known, is just how many lives were saved by officer Dolan’s decision to get involved."
There will be a panel that comes together at later date to review the discussion of Dolan's removal from his role.