Malcolm Gracia was a 15-year-old young man from the city of New Bedford, MA. On May 17, 2012 Malcolm was being an average teenager. He was hanging out with his friend and they decided to go for a walk to the corner store. On their way to the corner store they stopped at Magnet Park basketball court because they saw some friends. While at the court they exchanged handshakes with their friends. Little did they know this handshake would change their lives forever.

At the New Bedford Police Station Sgt. Brian Safioleas, supervisor of the Gang Unit was monitoring a camera that surveils Magnet Park.  Safioleas noticed Malcolm and his friend on the camera. He zoomed in and out several times. “ They appeared to be with the group but not with the group” a quote from Saffioleas.  This was his initial reasoning for telling his officers to go and “roll up” on these two young boys.  Saffioleas told his officers he would stay and monitor the cameras so that they would get the encounter on video and if his officers needed help he would call the “police.”  Saffioleas “conveniently” (according to a note by Trp. Dolan) left the monitor and did not capture anything on video, except an empty bleacher.

A Superior Court judge ordered the Bristol County District Attorney’s office to turn over videos taken by the Temple Landing Housing.  These videos were key in establishing a timeline for the events leading to the death of Malcolm.   Two of these videos show Malcolm and his friend exiting the park to make their way to the corner store, which was their original destination. Malcolm can be seen from Temple Landing’s video surveillance casually walking across the street with his friend. As they turn the corner of Middle and Cedar street you can see on the video the undercover gang unit cars cruising at a high rate of speed in an attempt to “roll up” on these two young boys. In less than a minute Malcolm is shot and killed by Detectives Paul Fonseca and Trevor Sylvia. Malcolm was shot 3x in the back and once in the side of the head.

The City and the New Bedford Police smeared Malcolm and his family in the press.  They claimed that Malcolm stabbed Detective Barnes and that Detective Barnes was lucky to be alive.  They also claimed that Malcolm was within 5-7 feet, closer if you believe Fonseca, and was about to stab Detective Sylvia.  Forensics and the Rhode Island Hospital ED records say otherwise.

Below there is a link to a google drive with some of the evidence in the  Malcolm Gracia case.  Malcolm’s family wants the public to know the truth about the night Malcolm was shot 3x in the back and once in the side of the head by Fonseca and Sylvia.

Don Brisson arguing a motion to obtain Detective Tyson Barnes’ prescription records before Judge Raffi Yessayan

Don Brisson advocating for his client in New Bedford Superior Court.