New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
March 2, 2017

Geoffrey Ward, Assistant Attorney General
(603) 545-1737
John J. Kennedy, Assistant Attorney General

Update: July 20, 2016 Shooting in Derry, New Hampshire (Death of Cole Kinney)

New Hampshire Attorney General Joseph A. Foster, State Police Colonel Christopher Wagner and Derry Police Chief Edward B. Garone announce an update on the fatal shooting of Cole Kinney in Derry, New Hampshire on July 20, 2016. An autopsy of Mr. Kinney revealed that the cause of his death was a single gunshot wound to the chest and the manner of his death was declared by the Medical Examiner to be a homicide.

Since the initial police response on July 20, 2016, the Attorney General's Office, the New Hampshire State Police and the Derry Police Department have been investigating the circumstances that led to Cole Kinney's death; including but not limited to the validity of a self-defense claim raised by Devin Rios, the individual who was identified as shooting Mr. Kinney. That investigation entailed the review of numerous witness interviews, an examination of physical evidence recovered from the scene, testing of recovered forensic evidence and the review of available digital evidence.

Based upon the full investigation conducted, the Attorney General has concluded the use of deadly force by Devin Rios was legally justified under New Hampshire's self-defense law and no homicide charges will be brought in connection with Mr. Kinney's death. The Attorney General's Office has referred its investigative file to the Rockingham County Attorney's Office for consideration of any possible non-homicide charges.

No further information regarding the investigation into Cole Kinney's death will be forthcoming while the review of this matter by the Rockingham County Attorney is pending or while any legal proceedings stemming from this matter are ongoing. However, once any legal proceedings have concluded, the Attorney General's Office will issue its final report on Mr. Kinney's death with the associated findings and reasoning behind the decision not to seek homicide charges.

New Hampshire Department of Justice
1 Granite Place South | Concord, NH | 03301
Telephone: 603-271-3658