Boston, Massachusetts cop charged with fatally shooting carjacking suspect moves to dismiss case

BOSTON, Massachusetts — A Boston Police officer facing a rare on-duty manslaughter charge for fatally shooting a carjacking suspect has asked a judge to dismiss the case.

Yannetti Johnson, the law firm representing Boston cop Nicholas O’Malley, announced on social media Thursday that it had filed a motion to dismiss the case at Suffolk Superior Court, “based on prosecutorial misconduct” by Suffolk County District Attorney Kevin Hayden’s office.

The 27-page motion has since been sealed by the court, but a local legal blogger was able to obtain a copy before that occurred and shared its contents to a video on her YouTube page Thursday.

“In a situation of extreme danger — which he did not create — a police officer acted to protect the public while also defending his partner and himself,” the motion states.