Sean Fitzgerald

Before HM Assistant Coroner Sir John Saunders
7 April- 21 May 2025

Sean Fitzgerald, 31, died after being shot in the chest by a West Midlands police firearms officer, known as Officer K, as Sean exited a property on Burnaby Road, Coventry, on 4 January 2019.

Over six years after his death, Sean’s inquest took place over the course of six weeks.

On 4 January 2019, intelligence was received by West Midlands Organised Crime Unit which suggested that a man who they were investigating and some named associates (none of whom was expected to be Sean Fitzgerald) would be at 56 Burnaby Road, Coventry, later that afternoon with a significant quantity of drugs and cash between 16.00 and 18.00 that evening, and that the individual and his associates all frequented 56 Burnaby Road every Friday after 4pm to deal drugs.  A Senior Investigating Officer, known as Officer Q, applied for a search warrant for 56 Burnaby Road, which was granted at 14.55. Because of intelligence held by the police about the individual and his associates regarding access to firearms, Officer Q sought advice from West Midlands Police (WMP) firearms team regarding executing the warrant with firearms officers.

The deployment was authorised by the relevant firearms commanders. The strategy was for a “contain and call out” whereby firearms officers would surround a property using their firearms to control movement, the entrance would be breached by removing the front door(s) to provide a line of sight into the premises and allow for communication with those inside. The officers would then remain on the threshold and issue commands, instructing those inside to leave in a controlled manner.

A briefing was held for the twelve firearms officers between 17.15 and 17.34, during which the firearms officers were told that the threat assessment for the officers on contact once in position had been assessed by commanders as ‘medium’.

At 18.08 the firearms officers were told the ‘tipping point’ had been met as Scott Moore’s vehicle was seen to be parked at the back of 56 Burnaby Road. The officers then arrived near to the property at 18.21, when it was dark, with two officers, known as Officers K and F, going to the back garden of the property to provide ‘rear containment’. They entered the garden at 18:22:34, and the officers went ‘plate-to-plate, with Officer K facing the property and Officer F covering the rear of the back garden. A chain saw was applied to the front door at 18:22:50. The armed officers did not announce their presence prior to the chainsaw being applied. At 18.22.56, after Officer F had heard a noise and turned his face towards the house, the curtain on the back door moved, and at 18:22:57, the door began to open. The person emerging from the door was Sean Fitzgerald. At 18.22.58, just over half a second after the door began to open, Officer K had fired his weapon, hitting Sean once in the chest. Sean fell to the ground. He was holding a black mobile phone in his right hand. Fast aid was administered by officers and paramedics and a doctor attended, but Sean was declared deceased at the scene.  No firearms were found at the property.

Both officers at the back of the house were wearing Body Worn Cameras which were operating at the time and captured events in the back garden, including Sean emerging from the back door.

Today, the jury returned a majority conclusion of lawful killing.

They also found a number of causative failures both in the planning and implementation of the operation. Including:

• that armed officers at the front of the property should have announced their presence prior to applying the chainsaw to the front door;
• “Officer K and F should have announced armed police on the rear of the premises at the point the curtain moved behind the rear door.”
• “Officers K and F should have turned on their torches at the rear of the property” at the point the chainsaw began to be applied to the front door.

Liam Fitgerald, Sean’s brother said: "We respect the jury’s decision but do not agree that Sean’s killing was lawful. After hearing all the evidence over the last 6 weeks we are very disappointed with the decision of lawful killing. We strongly believe the evidence indicates it should have been ruled unlawful killing. It has been incredibly hard and upsetting to hear of Sean’s last moments and listen to the accounts of the officers involved, especially Officer K. We completely disagree with his evidence and do not believe he genuinely believed Sean was a threat. We welcome the jury’s critical conclusion that there were serious errors in the planning, preparation and implementation of the police operation that cost Sean his life. Sean was not a threat, and it is hard to accept that Officer K’s mistake that cost Sean his life can be justified.”

Selen Cavcav, INQUEST Senior Caseworker said: “Sean’s family have shown immense strength and perseverance in their pursuit of the truth. They should never have had to wait so long for answers.  What the jury identified in this inquest around incompetent and dangerous operational failures, is all too familiar when it comes to police operations resulting in unarmed men being killed.  There needs to be concrete changes made to armed policing to preserve life”

ENDS

NOTES TO EDITORS

The family is represented by INQUEST Lawyers Group members Helen Stone of Hickman and Rose, and Adam Straw KC, Tayyiba Bajwa, and Tom Stoate of Doughty Street Chambers. The family are supported by INQUEST Senior Caseworker Selen Cavcav.

Other Interested Persons represented at the inquest are the Chief Constable of West Midlands Police, the Chief Constable of West Mercia Police, the Chief Constable of Warwickshire Police, Officer K, and the Independent Office for Police Conduct (IOPC).