Officer was Justified in Shooting Suspect, DA Says

Arlington Police Officer Michael Foley used reasonable force when he shot a Quincy man last winter, Middlesex County District Attorney Marian Ryan announced today.

A Massachusetts State Police investigation determined the officer only fired after James Riley, 36, of Quincy, assaulted him with a handgun on Jan. 17, 2014, Ryan said in a release. Riley survived the shooting.

“The actions of Arlington Officer Michael Foley, who was in uniform, in discharging his weapon at James Riley and striking him were justified in the exercise of self-defense and/or defense of another,” District Attorney Ryan said in the statement. “Under the circumstances, Officer Foley acted reasonably and lawfully. Therefore, no criminal charges are warranted.”

According to a 2014 report from Patch, Foley and another officer approached a gray Jeep, believed to have been the getaway vehicle from the bank robbery at Leader Bank in East Arlington, on Brooks Avenue shortly before 3 p.m. on Jan. 17, 2014. When the officers approached, Riley brandished a handgun, authorities said. Foley then fired his service weapon at Riley.

Riley suffered non-fatal injuries and was reported to be in stable condition in an area hospital under police guard following the 2014 incident, the report said. Foley was placed on administrative duties while the Middlesex County District Attorney’s Office investigated the shooting, according to the 2014 report from Patch.

The Middlesex DA’s Office said the matter is now referred to the Arlington Police Department for whatever internal review may be deemed appropriate.

The standard for use of deadly force under Massachusetts State Law is that a person may use deadly force to defend him or herself or another if the person has reasonable ground to believe, and actually believes, that he or she is in imminent danger of death or serious bodily injury, and that no other means would suffice to prevent such harm.