Commanding Officer on Scene Claims He Was Not Given Key Information Moments Before the Shooting
Sgt. Thomas Boyle was supervising the officers on the scene the day Anthony was killed. He instructed the 911 dispatcher to have Anthony’s cousin, Juan, take the gun from Anthony and throw it in the backyard.
Sgt. Boyle tells the courtroom that he had confirmed that the decedent (Anthony) had shot himself in the head and was laying in the living room of his home, so he formed a group of officers to do a welfare check on Anthony. About six officers began to approach the house, getting near the garage area when they heard the Crisis Intervention Officer Dalaison yell out, "Man at door with gun!" Sgt. Boyle said that to "deescalate the situation," he ordered the officers to retreat. On the stand he says, Officer Dalaison was engaging in conversation with the decedent before the shots were fired. In Sgt. Boyle’s disposition, he said he "would be sorely disappointed if an officer saw Anthony raise a gun and no one reported it." Anthony pointing a gun at officers would be an important factor. "It would be good for me to know that," Sgt Boyle responded. Counsel asks, When you heard shots fired, you had no clue that Mr. Nuñez allegedly pointed a gun, twirled it, pointed it at officers? Sgt. Boyle didn't learn of that until some time after.
Today, Sgt Boyle is a Lieutenant, having been promoted 2 months ago by SJPD.