Family of Fall River Man Killed by Cop Sues D.A. for Evidence

Updated 9:57 a.m. — This article has been updated to include comments from the Bristol County District Attorney's Office.

FALL RIVER — The family of a Fall River man who was fatally shot by a city police officer in November is suing the Bristol County District Attorney's Office for evidence in the case.

On Nov. 22, 30-year-old Anthony Harden was killed in the bedroom of his Melville Street home after police came to speak with him about a domestic violence complaint.

A report released by the Bristol County District Attorney's Office one month later cleared both officers involved in his death of any wrongdoing, although Harden's brother Eric Mack later released a statement accusing the D.A. of "trying to protect" them.

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District Attorney Thomas Quinn III responded at the time by calling the death a "tragedy" but noting that his office is not influenced by Fall River police and stating that "there is no evidence of a crime" in the case.

But according to Mack, the D.A.'s office has since failed to comply with three different public records requests made by Harden's family members to see the evidence.

On Thursday Mack filed a complaint against the office under the state's Public Records Act, demanding the release of photos, video surveillance footage, interview transcripts, and other evidence.

In the complaint, Mack is also asking for a list of the documents that are being withheld by the D.A.'s office.

He said that other than attorneys' fees, the family is not seeking monetary relief.

Mack noted that Quinn's office has refused to provide them with evidence including photos of Harden's autopsy, citing privacy concerns.

"To the extent any privacy rights exist related to my brother’s autopsy photos, as they claim, those privacy rights belong to us — his family," Mack stated.

He added that the complaint was filed because "we have been left with no other viable option."

A spokesperson for the D.A.'s office stated that the public records will be provided once all of the technical and forensic reports are finalized, noting that the office did provide the family's attorney with a detailed explanation in response to the records request.

The District Attorney was also in contact with the family "on several occasions" during the investigation, the spokesperson added.