Part III

​​Wrongful Police Shooting

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On April 30, 2011, right after the fatal shooting in the barbershop was called in, there was a strong police presence in the area.  Tamik Kirkland was still “wanted” for walking away from the minimum-security facility and knew he needed to escape the area.  One of his friend's girlfriends, Karen Fuller, came to pick Kirkland up from the house he was at, which is a block or so away from the barbershop.  Kirkland left the house and hopped in the trunk of the car.  So he had no idea there were children in the car. Undercover officers were sitting in an unmarked car and saw Mr. Kirkland jump into the trunk.  The officers blocked the car from exiting the driveway and got out of their car with guns drawn.  They said they “cleared the vehicle” (made sure no one else was in the car besides the driver), somehow missing a twelve-year-old girl and a six-month-old boy in the backseat.  

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Springfield Police Officer Raul Gonzalez pulled the female driver out of the car, handed her to Officer Marcus Starks, and then reached into the car to pop the trunk.  Officer Gonzalez then walked to the back of the car, pushed the trunk open, and, without giving Kirkland a chance to surrender, shot Mr. Kirkland six times (from close range).  After being shot, Kirkland started shooting back to protect his life. To justify shooting Mr. Kirkland, Officer Gonzalez lied, saying Kirkland popped the trunk from the inside and then popped up from the trunk, shooting at the police.  SEE OFFICER GONZALEZ'S REPORT.

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The twelve-year-old girl who was in the backseat gave the police a written statement right after the incident occurred.  The child stated, “The police officer reached into the car and popped the button to open the trunk.”  SEE THE TWELVE-YEAR-OLD CHILD'S STATEMENT. Stephen Gregorczyk, a Massachusetts State Police officer who was also shot during this incident, stated in his report, “Officer Gonzalez reached near the driver side seat and activated the trunk release... Officer Gonzalez reached the vehicle's rear and pushed the trunk open.”  SEE TROOPER GREGORCZYK'S REPORT.

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At trial, Gregorczyk recanted, testifying that he didn't see Officer Gonzalez do any of that.  SEE TRIAL TRANSCRIPTS OF TROOPER GREGORCZYK'S TESTIMONY.  Obviously, this is the “Blue Wall,” where he must cover up for his fellow officer.  So, of course, Trooper Gregorczyk would never say that Gonzalez just walked up and started shooting Mr. Kirkland without even attempting to de-escalate the situation. Even the supervisor, Sgt. David Martin tried to cover for Gonzalez.   He said Gonzalez had the trunk “partially open” and was giving Mr. Kirkland “commands to show his hands.”  SEE SGT. MARTIN'S REPORT.

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Did you read Officer Gonzalez's report (above)?  He didn't even say he gave Kirkland a chance to surrender.  Obviously, that was something Gonzalez was supposed to do.  If this wasn't a “Wrongful Police Shooting,” what's the reason for all of the lies and cover-ups? Springfield Police Officer Marcus Starks stated, in his report, that after Officer Gonzalez pulled the Black female out of the car, he “immediately grabbed her and forced her up against the fence.”  Then the female told him Mr. Kirkland was in the trunk.  Starks stated Gonzalez then moved towards the rear of the vehicle, omitting anything regarding Gonzalez reaching into the car to pop the trunk (but during the trial, he testified to seeing Gonzalez  “reaching” into the car).

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Starks “moved towards the rear driver's side door,” and he “next saw the trunk open and a black pistol emerge, pointing out towards Officer Gonzalez and Trooper Gregorczyk.”  SEE OFFICER STARKS REPORT. Notice that Gonzalez, Gregorczyk, and Starks say that when the trunk opens up, Gonzalez is on the driver's rear side, and Gregorczyk is on the passenger's rear side.  Also, notice that Gregorczyk said when the trunk opened, Mr. Kirkland “was lying on his right side with his head away from [Gregorczyk] toward the driver's side of the car [, and Kirkland's feet was towards Gregorczyk].”  Gregorczyk also said that after Kirkland was shot, he “still had a handgun in his right hand.”  The word “still” is very important here, as it implies that Mr. Kirkland had the gun in his “right hand” when the trunk opened, and he was (somewhat) lying on top of his right arm.

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Now, with Starks being at the rear driver's side door, with the trunk door open and blocking his view, and Kirkland being the position Trooper Gregorczyk described, how could Officer Starks possibly see this gun “emerge, pointing at” anyone, especially at two officers that are positioned at two opposite end of the trunk???  Starks answered that question at trial, testifying that he saw the pistol emerge through the little space at the bottom of the open trunk lid.  SEE PHOTO OF TRUNK.  SEE TRIAL TRANSCRIPTS OF OFFICER STARKS' TESTIMONY. Now, again, if Mr. Kirkland had the gun in his right hand and was lying on his right side, how could Officer Starks see the gun emerge through that space between the window and the trunk?  That's impossible!! Those officers tried to murder Tamik Kirkland.  If Kirkland hadn't brought that gun outside with him and defended himself with it, they would have murdered him and gotten away with doing so.

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Officer Gonzalez Lied   and was Never Shot

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During this incident, in self-defense, Mr. Kirkland shot Gregorczyk in his bullet-resistant vest.  Officer Gonzalez actually lied, acting like he was shot in his vest, too.  We have some of Gonzalez's medical records from his hospital visit immediately after this shooting.  At one point, his record states that Gonzalez had “GSW [gunshot wounds] to R [right] upper chest + R [right] axilla - both bullets caught in a bulletproof vest.”    Then, during that same visit, about thirty minutes later, Gonzalez's records indicate, “GSW [gunshot wound] to Left upper chest-bullet lodged in a vest.”  SEE OFFICER GONZALEZ'S MEDICAL RECORDS - RIGHT.  SEE OFFICER GONZALEZ'S MEDICAL RECORDS - LEFT.

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That's three bullets alleged to have been lodged in Officer Gonzalez's vest.  But Massachusetts State Police Sergeant John Crane testified that he “looked over this vest carefully, and it's his opinion that there are no obvious bullet strikes on this vest.”  Sgt. Crane also testified that he examined the shirt Officer Gonzalez wore over his vest that day, and he “did not find any tears or punctures consistent with a bullet or projectile going into it.”  SEE TRIAL TRANSCRIPTS OF SGT. CRANE'S TESTIMONY. Had Officer Gonzalez really been shot, those marks would've been easy to find.  Aside from this officer saying he was shot, there is no evidence that he was shot at all.  Believe it or not, Mr. Kirkland was still convicted of shooting this officer.

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It's crazy that an officer can murder someone on video and won't even get charged for it.  In fact, they get rewarded with a paid vacation (called “Paid Administrative Leave”).  Mr. Kirkland just defended himself against being murdered by a cop, and he was charged, tried, convicted, and sentenced to twenty years in prison for shooting an officer who NEVER even got shot. There are so many things wrong with this entire picture.  This criminal justice system definitely wronged Mr. Tamik Kirkland.  From the Wrongful Police Shooting to his Wrongful Conviction, these are not isolated incidents.  This is really how the system works when dealing with people of color.