NH Attorney General Clears Police Officer

Concord Police Officers James Robert Fallon and Craig Levesque were justified in using deadly force when each officer shot at Wayne Martin, Jr. on March 2, 2011, NH Attorney General Deleney announced on Wednesday.

After an investigation, Police found Martin posed as a threat to the police and public in general. Several attempts were made to get Martin to his counselors. The Attorney General noted Under RSA 627:5, II (a), a law enforcement officer is justified in using deadly force when he reasonably believes such force is necessary to defend himself or a third person from what he reasonably believes is the imminent use of deadly force. Under RSA 627:9, II, “Deadly Force” means any assault which the actor commits with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily injury. Purposely firing a firearm capable of causing serious bodily injury or death in the direction of another person constitutes deadly force under RSA 627:9, II. Read full report here.

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