The City of Fall River could be off the hook completely as a co-defendant in a multi-million-dollar lawsuit involving the November 2017 police shooting death of 19-year-old Larry Ruiz-Baretto at the Fall River Industrial Park if the trial judge approves a summary judgement recommendation.
Former Fall River Police Department (FRPD) Officer Nicholas Hoar fired six shots into a parked car with Ruiz-Barreto sitting in the driver’s seat during a call regarding an illegal drag race at the intersection of Airport Road and Riggenbach Road.
After the shooting, the 19-year-old’s grieving family and friends were involved in a melee with FRPD officers in an emergency room at Charlton Memorial Hospital waiting area that led to five family members arrested.
The incident was caught on hospital security cameras. Charges were dropped against the family members.
Thirteen current and former FRPD officers involved in the emergency room brawl remain as defendants in the case as does Charlton Memorial Hospital security personnel.
Hoar and the 13 officers also filed summary judgements to be removed from the lawsuit.
In the $10 million lawsuit filed by his family three years after the deadly confrontation, Hoar was accused of a host of violations that include deadly force, unlawful stop, wrongful death, and assault and battery.
Hoar has claimed self-defense, citing Ruiz-Baretto had attempted to run him over while trying to stop him. The family, including his father who was in the back seat of the vehicle at the time of the shooting, said the car was never out of park and that Ruiz-Baretto was complying with his hands up.
Bristol County District Attorney Thomas Quinn III cleared Hoar, who later was convicted in after an FBI investigation in federal court on a separate case involving use of force in April 2024 and sentence to 33 months in federal prison.
The Ruiz-Baretto family is currently represented by former Bristol County District Attorney and past mayor Sam Sutter of the law firm, Resmini and Resmini.
The city is represented by Worcester-based attorney Andrew J. Gambaccini.
What the recommendations say
According to court records, U.S. Magistrate Judge Jennifer C. Boal filed recommendations to trial Judge George O’Toole Jr. on Aug. 21, who will preside over the trial proceedings. Boal was tasked with managing pre-trial proceedings and now Toole will make his own ruling on the recommendations.
There is no trial date set at this time.
Boal recommended that the city’s motion for summary judgement should be granted in whole, concluding counsel for the family failed to produce evidence to support that the city was liable for Hoar’s actions.
In addition, the family’s attorney failed to respond to arguments made by the city’s attorney they were not liable under the Massachusetts Civil Rights Act and that the lawsuit’s claim the shooting led to Hoar’s shooting Ruiz-Baretto due to a lack of supervision or proper training.
Recommendations regarding Hoar and Charlton Memorial Brawl
The lawsuit alleged multiple violations against Hoar’s use of deadly force, unlawful stop, wrongful death, and assault and battery.
Boal recommended denying summary judgment on the excessive and deadly force claims, noting the stark differences in claims of what happened on the night of the shooting by Hoar, whose account claims Ruiz-Baretto drove the car at him and forcing him on the hood before shooting.
The three witnesses in the car, including the 19-year-old’s father, say the car was in park and never moved and Ruiz-Baretto, who spoke Spanish, had his hands raised.
Boal noted that the factual dispute should be decided by a jury.
The magistrate judge did find that Hoar had made a lawful stop due to reports of gunshots in the area and was granted summary judgement for that claim.
During the brawl, surveillance cameras showed about 15 friends and family members arriving at the emergency room, along with FRPD officers and police from several other communities.
Some of the group could be seen throwing a chair and kicking a trash can, and when officers went in to arrest them, other members attempted to stop the police.
In Boal’s recommendation, summary judgment should be denied on judgment on the excessive force and failure to intervene claims, again because of conflicting accounts.
Boal’s recommended summary judgement on the claims of false arrest due to undisputed facts that the officers had probable cause, state civil rights and conspiracy claims due to lack of evidence and infliction of emotional distress which is barred due to immunity.
The officers named in the lawsuit for the hospital incident are Michael Pessoa, Derek Oagles, Michael Silva, Ross Aubin, Tyler Paquette, Sean Aguiar, Brendan McNerney, Peter DaLuz, Jennifer Deleon, Thomas Roberts, Johnathan Deschenes, David McElroy, and Gregory Bell.
