Report Faults Police in Red Sox Fan’s Death

A panel investigating the death of a woman hit by a pepper-spray pellet at a Red Sox celebration said Wednesday that police made mistakes at every turn, from the department’s decision to buy the pellet guns for crowd control to an officer’s decision to fire the shot.

Five officers face internal disciplinary action for their involvement in the shooting, Police Commissioner Kathleen M. O’Toole said as the independent commission’s report was released.

Victoria Snelgrove, 21, an Emerson College student, was shot in the eye Oct. 21 outside Fenway Park after Boston defeated the New York Yankees for the American League pennant. The city paid her family a $5.1-million settlement on May 5.

“We find that inadequate planning and training, combined with a breakdown of command discipline, set up a situation ripe to produce an unintended result,” read the report by the commission headed by former U.S. Atty. Donald K. Stern.

Patrolman Rochefort Milien, who was certified to use the weapon, fired the pellet that killed Snelgrove. His attorney has said the officer was aiming at someone near Snelgrove who was throwing bottles.

“Officer Milien failed to take sufficiently into account that he was shooting at a moving target in the midst of a crowd and that a missed shot could easily strike a bystander,” the report said.

The commission also faulted the Police Department’s decision to buy the air-powered pellet guns in early 2004. Police officials did little research before making the purchase, then failed to properly train officers in their use, the panel said.

Stern’s commission also called for a national study on the effectiveness and safety of the FN303 pepper-pellet guns, manufactured by FN Herstal USA.

The report said the officers “did not appear to appreciate that a person could be seriously injured or killed.”

Stern said O’Toole “bears some responsibility” as head of the department, but he credited her for giving his panel unfettered access. No disciplinary action will be taken against the commissioner, said Seth Gitell, a spokesman for Mayor Thomas M. Menino.

Milien and four others face internal charges, the commissioner said at a news conference, involving excessive use of force and poor judgment. One of the officers has retired, but others who are continuing to serve could be fired.