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16 Days Later Mass. State Police Acknowledge Enrique Delgado

By Tom Marino | October 1, 2024
Last Updated: October 2, 2024
Editor's Note: This piece appears in our Columns section and includes commentary and/or analysis
The views expressed in this article do not represent the views of This Week in Worcester

And on the 16th day, the Massachusetts State Police (MSP) publicly acknowledged Enrique Delgado-Garcia. Finally.

Delgado-Garcia died on Saturday, September 14, after what initial reports described as a medical crisis during a training exercise at the Massachusetts State Police training facility.

That medical crisis, according to Delgado-Garcia’s family: a severe brain injury, broken teeth, and a broken neck, according to reporting by NBC10. He sustained the injuries during a self-defence exercise in a boxing ring.

Two civilians from MSP administered the oath of office and pinned the state police badge on the 25-year-old state police cadet shortly before his death. The funeral included full police honors.

Some media outlets reported that Col. John Mawn Jr., the interim colonel of the MSP, issued a statement about the incident.

In response to previous inquiries, MSP directed This Week in Worcester to MSPNewsthe “official news blog of the Massachusetts State Police,” for access to media releases from the department. That website last issued a release on Sept. 10, two days before the incident that led to Delgado-Garcia’s death. That ironic title of that release: “Members of the State Legislature Visit State Police Academy.”

The two weeks that have elapsed between Delgado-Garcia’s death at the time of publication of this piece far exceed the time between releases from MSP over at least the last six months.

Not Normal Practice

The MSP social media accounts finally acknowledged Delgado-Garcia on Monday, Sept. 30, following his funeral on Saturday, Sept. 28.

Trooper Tamar Bucci tragically lost her life while on duty on March 3, 2022, when a gas tanker struck her cruiser during a traffic stop. MSP announced the death via its social media accounts shortly after 7 AM the following day.

A vehicle struck Trooper Thomas Devlin during a traffic stop while he stood in the breakdown lane on July 26, 2018. He died on Sept. 3, 2020, from injuries he sustained in the 2018 incident. The MSP announced his death on social media the same day.

Trooper Thomas Clardy died in a motor vehicle crash on March 16, 2018. MSP announced his death the same day.

The MSP made several posts between about all three troopers from the time of their death through the time surrounding the funeral.

The death previous to Clardy, Sargeant Harold Collins, occurred in 2012. It does not appear MSP then actively used its social media accounts.

The Massachusetts government website also lists Patrolman Harold MacGilvray as a line of duty death in 2018. MacGilvray served as part of the former Metropolitan Police Department, which merged with MSP in 1992. A vehicle struck MacGilvray while he conducted a traffic stop in Dorchester in 1978. It does not appear the MSP acknowledged his death in 2018, but it has posted several remembrances since.

Why is Delgado-Garcia Different?

MPS has treated the death of Delgado-Garcia differently. He died while performing the duties of his position, which is paid, at the state police academy. That is a death in the line of duty.

That the state hasn’t shown him the same respect among others who died in the line of duty is disgraceful.

While there is an investigation into his death, that applies to any line of duty death, including the MSP post about his funeral made Sept. 30. The ongoing investigation is no excuse for 16 days of silence.

The simple answer: A member of the public isn’t responsible. Anyone held accountable for Garcia-Delgado’s death will be inside the blue line.

The cult of silence has already begun, all the way up to the MSP’s public relations.

Investigator Appointed to Case

Attorney General Andrea Joy Cambell’s decision to appoint an independent investigator is commendable. She selected attorney David Meier, who she says “will oversee the investigation into the circumstances of Delgado-Garcia’s death independently and impartially.”

Meier is a partner at Todd & Weld LLP and leads the firm’s Government Investigations and Criminal Defense Practice Group. In 2012, then-Governor Deval Patrick appointed Meier special prosecutor in the Hinton state drug lab tampering scandal, which led to the dismissal of thousands of convictions for drug offenses.

He also served as defense counsel for Ernest Wallace, a co-defendant of former New England Patriots player Aaron Hernandez. A jury found Wallace not guilty of murder, but guilty of accessory to murder.

Prior to joining Todd & Weld, Meier served for 12 years as the Suffolk County District Attorney’s Chief of Homicide.

Meier is preferable to a current district attorney’s office, which depends on MSP troopers and detectives to gather evidence in cases. However, 12 years of serving in the district attorney’s office would have required extensive contact with MSP.

I don’t know enough about Meier to have an opinion on his ability to remain impartial, but his appointment does not appear independent, impartial, or disinterested. Someone familiar with the MSP is the exact opposite of what the appointment should have been.

Meier’s appointment, and MSP’s behavior outside of its normal practice surrounding the death of a trooper, shouldn’t make you feel warm and fuzzy about the prospects of the investigation into his Delgado-Garcia’s death, or hopeful for justice for his family.

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