Inquest finds Coventry man was LAWFULLY killed by firearms officer
Five week long inquest has ruled on 31 year old Sean Fitzgerald's death
Last updated 21st May 2025
An inquest jury, looking into the death of Sean Fitzgerald in Coventry, has found that he was lawfully killed by a West Midlands Firearms Officer.
Sean was shot at Burnaby Road, in January 2019, whilst West Midlands firearms officers were investigating drug activities and suspected organised gang involvement at the property.
The court heard that there were suspected firearms at the property which resulted in West Midlands Police sending out their firearms team.
The court heard how Mr Fitzgerald, who was unarmed and a former soldier, was shot when leaving the rear of the property at 6.20pm.
Mr Fitzgerald was given CPR by the firearms officers but later died at the scene.
The inquest into the death of Sean Fitzgerald has been a long and complicated case which has lasted over five weeks at Warwick Crown Court.
The jury has consider several complex issues which lead to the death of Mr Fitzgerald.
These include an in depth analysis into the firearms training officers received ahead of the operation that evening and the surveying and planning that went into the operation itself.
The Jury heard many witness statements across the inquest too, one being from the officer who fired the shot, Officer K, who was positioned with another officer, Officer F, at the rear of the property during the raid at Burnaby Street.
A witness statement from Officer K said: "His Mr Fitzgerald's actions lead me to believe that my life, and Officer F's life, were in immediate danger... due to the immediate threat I fired one shot."
Today the court found that Officer K lawfully killed Mr Fitzgerald.
It was an emotive day for the family of Sean who have waited over six years for this inquest to take place.
Family members, such as Mr Fitzgerald's brother Liam, have been at every hearing of the inquest across the five weeks.
In a witness statement to the court, Liam described his brother.
Liam said: "He had a heart of gold.
"We miss what we've lost, but we also miss what he could have had."
West Midlands Police response
Assistant Chief Constable Damian Barratt said:
"We note the conclusion of lawful killing that the jury at Leamington Justice Centre has returned today following the inquest concerning the death of Sean Fitzgerald and we offer our sincere condolences to the family of Mr Fitzgerald.
"The inquest has been complex and challenging for all those involved.
"We note the points raised within the findings and will ensure that these are fully considered in order to identify any learning in future operations.
"Armed policing is complex and challenging and our firearms officers put themselves in harm’s way to protect the public on a daily basis, and undergo continuous rigorous training to ensure they are suitably equipped for such a vital and demanding role."
IOPC response
Independent Office for Police Conduct Director Derrick Campbell said: “Sean Fitzgerald’s death has had a profound impact on his family and friends and our sympathies remain with them. We also recognise the effect this has had on the police officers involved.
“Over the past five weeks the inquest has carefully considered the evidence provided by our investigation, as well as additional evidence, and we note the conclusion the jury has reached today.
“Our investigation, which concluded in December 2023, examined not only the shooting itself, but the wider circumstances, including the intelligence and decision making in the planning of the operation. Having considered all the evidence, a range of expert opinion and applying the legal thresholds which govern our work, we concluded there was sufficient evidence to indicate that the officer who fired the fatal shot may have breached the police professional standards regarding his use of force and therefore had a case to answer for gross misconduct. West Midlands Police were directed to hold a misconduct hearing, although it was agreed that should not be progressed until after the conclusion of the inquest proceedings.
“We determined the evidence did not meet the threshold for a referral to the Crown Prosecution Service to consider whether the same officer should face a criminal charge in relation to the shooting.
“This was a complex investigation and we recognise our enquiries took far longer than expected. We understand the impact this has had on everyone concerned and will carefully review, as soon as possible, whether any of the additional evidence heard at the inquest impacts on our previous decision making.
“We will continue to liaise with Sean Fitzgerald’s family, West Midlands Police and the officer’s representatives.”