The family of a man shot dead by a West Midlands Police officer have strongly criticised a watchdog's decision not to pursue gross misconduct proceedings. Sean Fitzgerald, 31, was unarmed and holding a mobile phone when he was fatally shot in Coventry in 2019.
A Split-Second Decision Under Scrutiny
On the evening of January 4, 2019, Sean Fitzgerald was leaving a property on Burnaby Road in Coventry when he was shot by a firearms officer identified only as Officer K. The officer stated he believed the black mobile phone in Mr Fitzgerald's hand was a firearm. An inquest held later concluded that the 31-year-old had been lawfully killed.
Following a lengthy investigation, the Independent Office for Police Conduct (IOPC) announced on Tuesday, January 13, 2026, that the officer would face no further action. The IOPC stated that, in light of evidence from the inquest – including expert testimony and a digital reconstruction – it had determined the officer had no case to answer for gross misconduct.
Family's Eroded Faith and Allegations of a Flawed Probe
Speaking on behalf of the family, Sean's brother, Liam Fitzgerald, voiced profound disappointment. "We strongly disagree and believe Officer K should face a gross misconduct hearing," he said. The family contends that evidence presented at the inquest, including the officer's behaviour after the shooting, undermines his account of honestly believing Sean posed a threat.
They have also raised serious concerns about the conduct of the IOPC investigation itself, which concluded in October 2023. Liam Fitzgerald cited several issues:
- The "totally unacceptable" time taken to complete the initial investigation.
- Allowing Officer K to view his body-worn video footage before providing a full statement.
- The use of poorly selected experts who, the family claims, gave opinions outside their qualifications.
"We believe a good quality timely investigation would have shown Officer K did not honestly believe Sean was a threat and that his actions were not only wrong but unlawful," Liam Fitzgerald stated.
IOPC Defends Complex Investigation
IOPC Director Derrick Campbell offered sympathies to the family but defended the watchdog's thorough process. "This has been one of the most detailed, complex investigations we’ve carried out in recent years," he said.
Mr Campbell explained that the decision hinged on the officer's split-second perception during a "dynamic, fast-moving, armed police operation." After extensive analysis of the new evidence from the inquest, the IOPC concluded the legal threshold for gross misconduct was not met. He also apologised for the distress caused by the time taken to reach a final decision.
With the IOPC process now concluded, Sean Fitzgerald's family said they wished to "close the door on this chapter and remember Sean for the fun-loving person that he was and not the manner in which he died."
