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Jul 23, 2008 6:55 am US/Eastern

Family Files Wrongful Death Suit Against Trooper

BOSTON (AP) ― A Fitchburg man's family has filed a wrongful death lawsuit against the state trooper who shot and killed him during a chase nearly three years ago.
 
Lawyer Stephen Hrones filed the lawsuit in U.S. District Court in Boston on Tuesday on behalf of the estate of Preston Johnson, who died after being shot in the back of the head by Trooper Donald Gray during a police pursuit in November 2005.

A grand jury found insufficient evidence to indict the trooper, but a judge who presided over an inquest into the incident discounted Gray's story and said his actions amounted to criminal negligence.

Gray said he fired because he feared for his life when Johnson drove toward him.

The lawyer who represented Gray at the inquest says he is confident the trooper will be vindicated.

(© 2008 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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