Brazilians Lukewarm to DA's Findings of Cop's Actions

A Yarmouth, Mass., police officer fatally shot Andre Martins, above with one of his children, when he drove his car towards the officer after a high-speed chase. (Courtesy photo: Camila Campos for EthnicNEWz.org)

The district attorney's report of the death of Andre Martins on July 27, 2008, is online at mass.gov/da/cape/andre.pdf.

The report was prepared by Michael O'Keefe, district attorney for the Cape and Islands district of Massachusetts.

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Many in the Brazilian community of Massachusetts are dwelling on the results of an investigation of Andre Martins' death.

Andre Luiz de Castro Martins, 25 and a father of two, was fatally shot by Yarmouth police officer Christopher Van Ness after a car chase early in the morning of July 27, 2008.

A report released by the office of Michael O'Keefe, district attorney (DA) of Cape Cod (which includes Yarmouth), concludes that "officer Van Ness discharged his weapon after issuing commands to the operator, after observing the operator accelerate toward him as he occupied a four to five (4-5) foot space between his cruiser and the path of the vehicle."

The report does not directly state that Officer Van Ness acted appropriately as a member of the Yarmouth Police Department.

However, it does state that "Martins, the operator [of the car], was in control of a deadly weapon, an automobile, which he had operated in a reckless manner without consideration for the lives and safety of others."

Released Friday, September 19, the investigation -- which contained a ballistic report, a forensic review of the scene, and interviews with officers, local residents and Camila Campos, Martins' girlfriend and the wife of their two children -- announced that "there will be no further official action by this office with respect to the case."

O'Keefe followed a tight script to announce the investigation findings to the Brazilian community.

But before speaking to the community, he first made a phone call to Martins' father in Brazil.  At about 11 a.m. that Friday, he called Luiz Carlos Martins and told him that that there will be no legal action taken against Van Ness.

Then, O'Keeffe communicated with Mario E. Saade, the Brazilian consul general in Boston, and then spoke with the immigrant community in Hyannis.

A news conference followed at noon. But some Brazilian media, such as newspapers Metropolitan and Brazilian Times, claim they were not informed about the conference.

The DA's investigation did little to improve some Brazilians' faith in the police.

From Allston, Mass., the Brazilian Women's Group released a statement protesting that "the death of a human being, father of two, can't be justified superficially, to cover up for a police officer who discharged rapid gunshots. How can the authorities expect to be trusted by immigrants now?"

In Framingham, Mass., Pastor Josimar Salum, president of the Brazilian Ministers Network, issued an online note to hundreds of his countrymen.

"The officer says he thought Andre was going to run him over. But there's no evidence to prove that. The officer did not act in self-defense, but in the heated succession of events. We need to respect the DA's conclusion, but nothing in his report minimizes the exaggerated violence committed by this cop."

In an interview with EthnicNEWz.org, Consul General Saade declined to provide his official view of the investigation.

But Saade -- who on Monday sent his personal analyses of the facts to Itamaraty, Brazil's Foreign Affairs Ministry -- decried his superficial knowledge while the investigation was underway.

"I asked to be on the loop of every step during the investigation. But the (D.A's) communication with me was theoretical," he said.

Saade confirmed that he declined an invitation from Michael O'Keefe to participate in a meeting with the Brazilian community of Hyannis last Friday.

"I declined for two reasons. First, I did not want to send a message that I endorsed everything the investigation pointed out. Second, I wanted the community to question him as forcefully as they could."

Saade also highlighted that although the criminal investigation is over, there's still the civil arena -- that is, whether Camila Campos, the mother of Martins' two children, will sue the city of Yarmouth.

Neither Camila Campos nor her lawyer, Daniel Shapiro, could be reached for comments.

EthnicNEWz.org called Martins' father in Brazil, who confirmed that he received a call from O'Keefe.  But Martins Sr. appeared to be confused about what he was told.

"When he told me there would be no legal action against the officer, I didn't know what to think," said the mourning father.

A Portuguese interpreter explained the investigation's details to Martins Sr.

"My son won't come back. I just want to know from the American authorities what will be done to make sure other families won't suffer what I am suffering now."

source: EthnicNEWz.org

Copyright 2008 New England Ethnic News, EthnicNEWz.org. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the permission of New England Ethnic News. Contact EthnicNews {at} yahoo {dot} com for more information. 

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