West Midlands Police Officer will not face disciplinary action over fatal shooting of Sean Fitzgerald
Mr Fitzgerald, 31, was shot by a firearms officer as he exited the back of a house in Coventry, on 4th January 2019
Last updated 13th Jan 2026
A West Midlands Police Officer will not face gross misconduct proceedings over the fatal shooting of Sean Fitzgerald in Coventry.
Mr Fitzgerald, 31, was shot by a firearms officer as he exited the back of a house in Burnaby Road, Coventry, on 4th January 2019.
He was unarmed and holding a black mobile phone, which the officer who shot him said he believed was a gun.
The Independent Office for Police Conduct (IOPC) initially ended its investigation in October 2023 when they decided the case would not be referred to the Crown Prosecution Service to consider criminal charges against the firearms officer.
At the time, the IOPC also concluded that a misconduct panel could find on the evidence that the officer did not have an honestly held belief that Mr Fitzgerald was holding a weapon, and therefore that he had a case to answer for gross misconduct.
However, following the inquest into Mr Fitzgerald's death in May 2025, which determined he had been lawfully killed, the IOPC reviewed new evidence presented during the hearing.
The watchdog has now concluded that the firearms officer has no case to answer for his actions on the evening of 4 January 2019.
This evidence included expert testimony and a digital reconstruction that showed the officer could have seen the mobile phone, which experts said could have been mistaken for a gun in Mr Fitzgerald’s hand immediately before the fatal shot was discharged.
IOPC Director Derrick Campbell said: “Our sympathies remain with the family of Sean Fitzgerald and all those affected by his death.
“This has been one of the most detailed, complex investigations we’ve carried out in recent years and involved a huge amount of evidence gathering and examination of sensitive intelligence.
“The determination over whether the officer should face disciplinary proceedings largely came down to a split-second decision in what was a dynamic, fast-moving, armed police operation.”
The IOPC concluded that there is "insufficient evidence" to support a conclusion that the officer "did not see the phone" and the experts "were unanimous in explaining how a black mobile phone could be mistaken for a gun in the circumstances."
It added that experts took into consideration the nature of the operation, what was known to the officer about that, the lighting, the distance between them and the time pressure on the officer.
Mr Campell added: “Our conclusion was that the officer has no case to answer for gross misconduct, but I acknowledge Mr Fitzgerald’s family did not agree with our opinion. We have reached this position after extensive analysis and careful consideration of whether the evidence now meets the legal threshold we are required to apply.”
Mr Campbell said the IOPC did not underestimate the impact a prolonged investigation, and legal processes, had on officers under investigation and in this case Mr Fitzgerald’s family and loved ones.
He said: “We are extremely conscious of the time taken to reach the current position and we are sorry for any distress this has caused.”
Liam Fitzgerald, Sean’s brother, said in a statement on behalf of the family: “This decision by the IOPC is very disappointing.
"We strongly disagree and believe that Officer K should face a gross misconduct hearing.
"We believe that the evidence at the inquest, including his behaviour after Sean’s shooting, undermines Officer K’s version of events, including his account that he honestly believed Sean had a gun.
"We consider he should have faced a gross misconduct hearing regarding his use of force, which would necessarily consider the truth of the accounts he has given since Sean’s death.
"It has been 7 years since Sean was killed and our faith in the IOPC has continuously been eroded.
"The time they have taken to complete their initial investigation was totally unacceptable.
He added: "We believe a good quality timely investigation would have shown that Officer K did not honestly believe Sean was a threat and that his actions were not only wrong but unlawful.
"We now want 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."
The IOPC also investigated how the firearms operation was planned and carried out, and all of the officers who were directly involved in that were treated as witnesses throughout.
IOPC Director Mr Campbell also emphasised that while it is relatively rare for firearms officers to discharge their weapons, and rarer still for someone to die as a result, there must be proper investigation and accountability when it does happen.