NL cop charged in Westerly fight

Officer, whose 2012 firing over ‘excessive force’ was overturned, has not worked since Feb. 6 arrest

— A city police officer fired in 2012 for “excessive force” after shooting and paralyzing a man, but later rehired, was place on administrative leave last month after he was arrested in connection with a gas station fight in Westerly, R.I.

Westerly police said New London Police Officer Thomas Northup, 55, was one of four men involved in a Feb. 6 fight at the Dunn’s Corner Mobil gas station on Route 1. Several of the men exchanged punches in the scuffle.

Northup was charged with disorderly conduct and simple assault and/or battery, both misdemeanor offenses. Court records show Northup has pleaded not guilty and is due back in court on March 31 for a possible trial.

New London Police Chief Brian Wright said Northup has not been back to work since the Feb. 6 arrest and was officially place on paid administrative leave Feb 8. An internal investigation is under way.

Wright said the results of the internal investigation and the disposition of Northup’s court case will be among other factors when weighing any decision on discipline.

The Westerly arrest

Westerly police said they responded to the Mobil gas station for a report of a fight in the parking lot at 9 a.m. Feb. 6.

The incident was over by the time officers arrived, but they said video footage shows Northup exit the gas station, walk past his vehicle and toward a blue van. Northup can be seen arguing with a man later identified as David Marak, 67.

Marak and another man, 37-yearold David Shenandoah, exit the van. Northup and Shenandoah appear to be shouting at each other when a fourth man, Corey Briggs, 34, showed up to the scene, police said. As Briggs entered the scene, police said Shenandoah can be seen striking Northup with his right hand. Northup appears to respond by punching Shenandoah in the face before the two grab each other and start grappling on the ground, police said.

start grappling on the ground, police said.

Police said Briggs pushed Marak away from Northup and then attempted to pull Shenandoah off Northup. Marak and Briggs then grab and push each other.

After Marak and Briggs release each other, “Marak walks over and punched Northup on the back at least once before Briggs pulls him away and appears to thrown Marak to the ground,” police said in a statement.

Briggs has pleaded not guilty to charges of simple assault and/or battery. Shenandoah and Marak were each charged with disorderly conduct.

An attorney representing Northup did not return a call seeking comment. The police report does not say why the four men were fighting.

Northup had been a New London police officer for about four years when he was fired in 2012 by former Mayor Daryl Justin Finizio for what was described as “unauthorized use of force and unauthorized use of deadly force” in connection with an Aug. 24, 2011, shooting.

That’s when Northup shot and seriously injured Curtis Cunningham, the unarmed suspect in the theft of an ice truck who had crashed the stolen vehicle at the corner of Bank Street and Jefferson Avenue.

Northup had approached the truck, which was lying on its side after the crash, and was yelling for Cunningham to keep his hands up, police reports show. Northup fired five shots, hitting Cunningham four times. Northup later told investigators he believed Cunningham had a gun and had refused to remove his hands from under his shirt. Cunningham had PCP in his system, the investigation showed.

An internal investigation determined Northup had made a premature and unauthorized decision to use deadly force.

Cunningham was paralyzed as the result of the injuries sustained in the shooting and later sued Northup and the city. The city settled with Cunningham for $2 million.

The state Board of Mediation and Arbitration criticized Northup’s firing for what it considered a lack of just cause. The board said the city had not presented credible evidence to establish that Northup’s action “was not objectively reasonable or that it was excessive.” Northup was rehired by the city in 2014.