Boston Police Commissioner says DA controls release of body cam footage in fatal officer encounter

Commissioner Michael Cox was subpoenaed to testify on protocols for releasing police body camera footage, but the subpoena has since been withdrawn.

Apr. 15, 2026 at 7:43pm

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An extreme close-up photograph of a police badge or handcuffs lit by a harsh, direct camera flash against a pitch-black background, conveying a stark, gritty, investigative aesthetic.The public's demand for transparency in police use of force incidents clashes with the need to preserve the integrity of criminal investigations.Boston Today

Boston Police Commissioner Michael Cox stated that the District Attorney's office controls the release of body camera footage related to a fatal officer-involved shooting in Roxbury last month, as the footage is part of an ongoing criminal prosecution. The commissioner was previously subpoenaed to testify on the department's protocols for releasing such footage, but the subpoena has since been withdrawn.

Why it matters

The public has called for transparency and access to body camera footage following fatal police encounters to ensure accountability, but the District Attorney is withholding the footage until the criminal case is resolved. This raises questions about balancing the public's right to information with the needs of an ongoing investigation.

The details

Officer Nicholas O'Malley was charged with murder in the death of Stephen King, who police say was involved in an alleged carjacking. O'Malley's defense claims King was going to run over officers at the scene. Over $500,000 has been raised to support O'Malley and his family since his arrest.

  • The fatal officer-involved shooting occurred in Roxbury last month.
  • Officer O'Malley was charged with murder in early March.

The players

Michael Cox

The Boston Police Commissioner who stated that the District Attorney controls the release of body camera footage related to the fatal officer encounter.

Nicholas O'Malley

The Boston Police officer charged with murder in the death of Stephen King.

Stephen King

The individual who was fatally shot by Officer O'Malley during a police response to an alleged carjacking.

Kevin Hayden

The District Attorney who determined the body camera footage showed probable cause to charge Officer O'Malley with murder, but is withholding the footage until the criminal case is resolved.

Ed Flynn

The Boston City Councilor who stated that the subpoena issued to Commissioner Cox has since been withdrawn.

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What they’re saying

“We do have a policy, it's based on public records law that has exemptions, but those exemptions aren't forever. So the fact is we will be transparent, for the particular case you're making reference to, the District Attorney owns that space.”

— Michael Cox, Boston Police Commissioner

“And he's dictated that it won't be released until he feels as though it won't impact the criminal prosecution.”

— Michael Cox, Boston Police Commissioner

What’s next

The District Attorney's office will determine when the body camera footage from the fatal officer encounter will be released to the public, once it no longer poses a risk to the ongoing criminal prosecution.

The takeaway

This case highlights the tension between the public's demand for transparency following police use of force incidents and the need to preserve the integrity of criminal investigations. It also raises questions about how to balance these competing interests and ensure accountability while also protecting due process.