By Liz Markhlevskaya
Foster’s Daily Democrat
ROCHESTER — As the Attorney General’s Office continues its investigation into the shooting of Ben Shannon, killed by law enforcement officers attempting to serve an arrest warrant, questions remain about whether probation and parole officers followed their own internal procedures during the March 10 incident.
The N.H. Department of Corrections, which oversees probation and parole officers, would not release information on whether an internal investigation was conducted by the department after the incident, or whether the officers followed the internal policies relating to use of deadly force.
Meanwhile, Strafford County Sheriff David Dubois said his department’s internal investigation concluded the deputy sheriff involved in the incident did adhere to the use of deadly force policy of the Strafford County Sheriff’s Department.
Ben Shannon, 34, of Rochester, died after a shooting at his mother’s home at 28 Periwinkle Drive at Saks Mobile Home Park, as a deputy county sheriff and two probation and parole officers were trying to serve him with an arrest warrant for a bail violation.
Inside the home, a shouting match reportedly erupted, and Shannon told officers to back off.
Shots were fired shortly afterward.
After the incident, Shannon was flown by helicopter to Maine Medical Center, where he died hours later. The Maine Medical Examiner’s Office concluded Shannon was killed after suffering three gunshot wounds to his torso and arms.
Assistant Attorney General Benjamin Agati said this week his office is still waiting for the Maine Medical Examiner’s Office to release the autopsy and toxicology reports on Shannon’s body, before the AG’s report on the investigation can be completed.
He said that in addition to state law that outlines when deadly force is justified, individual law enforcement departments typically have their own standard procedures relating to deadly force.
The role of the AG’s office is to assess the incident and determine whether criminal charges should be filed against officers, but “We don’t get into the discussion of policy,” Agati said.
Although internal use of force policies may differ among departments, all officers are required to adhere to the state law, which outlines when use of deadly force is justified.
After incidents involving deadly force by law enforcement, it’s typical for departments to conduct their own investigations on whether internal procedures were followed, said Agati.
According to Dubois, his department’s internal review of the incident determined that the deputy sheriff in the incident did not violate policies relating to deadly use of force.
As standard procedure, the deputy sheriff went on paid administrative leave for fewer than 10 days, until the internal review was complete. He returned to work after a shooting review board — consisting of department staff, legal advisers, and firearm experts — determined he did not violate the procedures of the Strafford County Sheriff’s Department.
The Department of Corrections, however, would not comment on whether the probation and parole officers involved in the incident are currently working, whether they went on leave after the incident, or whether an internal investigation took place.
Dubois on Wednesday provided Foster’s with a copy of his department’s use of force policy, which includes language outlined in the state law, and outlines when deadly use of force is prohibited. Warning shots, for example, are banned by the Sheriff’s Department.
But Jeffrey Lyons, the public information officer for the Department of Corrections, would not comment on his department’s procedures on use of deadly force, stating it is not a public document.
“It outlines procedures that we believe are confidential,” he said.
In a phone interview Wednesday, Dubois said that in his experience, although various departments may have varying policies on deadly force, they all usually revolve around the state law.
According to state law, officers’ use of deadly force is justified when defending themselves or others from imminent deadly force. In addition, it’s justified when officers are trying to effect an arrest or prevent a suspect’s escape from custody, in cases where the suspect “has committed or is committing a felony involving the use of force or violence, is using a deadly weapon in attempting to escape, or otherwise indicates that he is likely to seriously endanger human life ... unless apprehended without delay.”
In those cases, deadly force is justified if the officers made reasonable efforts to identify themselves as law enforcement.
The AG’s report of the investigation, which will be a public document when completed, will only address whether the state law was violated by law enforcement, based on the investigators’ assessment of the incident, said Agati.
On Wednesday, he was unable to estimate a timeline for when the autopsy and toxicology reports would be released from the Maine Medical Examiner’s Office.
“We are moving forward with the investigation and we hope to have a report soon,” said Agati.