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This article was published 17 year(s) ago

Peabody police shooting ruled justified

dliscio

December 22, 2008 by dliscio

PEABODY – A State Police investigation has determined that a Peabody police officer was justified when he shot and killed an armed local man last Sept. 15.Essex District Attorney Jonathan W. Blodgett said Monday the probe into the death of Phillip Noto, 45, of Peabody, found that the victim had pointed a handgun at the officer and his partner during a domestic dispute. It was later determined that the handgun was a starter pistol.The action unfolded in the afternoon when Patrolmen Richard Cochran and Steven Molk were among the lawmen dispatched to 60 Washington St., No. 2, where Noto’s estranged wife was living. Noto was present, in violation of a court restraining order.Upon arrival, the officers met Ellen Noto, who explained that her husband was in a bedroom in the apartment, and that she was in fear of him, Blodgett said.”The two officers went into the bedroom, and after conversing with Noto, told him he was in violation of the restraining order and that he was about to be placed under arrest. Officer Cochran then told Noto he was going to put handcuffs on him. Noto appeared agitated and responded that he was sorry, but he did not want to be arrested,” Blodgett said in a written statement. “Noto sat down on the edge of the bed, then reached to his side and abruptly stood up and aimed the dark colored pistol at the officers, yelling, ?Well (curse) it, just kill me.’ Officer Molk lunged at Noto, grabbing his arm and wrist in an unsuccessful attempt to wrestle the pistol away from him. Officer Cochran commanded him to drop the gun, then drew his service revolver and fired a single shot into Noto’s abdomen.”Noto was taken to Salem Hospital where he underwent surgery. He died at the hospital the morning of Sept. 19. An autopsy revealed that the cause of death was complications from a gunshot wound.The State Police investigation determined that the officers’ statements are consistent with the physical and ballistic evidence collected at the scene, and that the officers acted appropriately in the face of a life threatening situation, Blodgett said.

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