Concord, NH -- Attorney General Gordon J. MacDonald announces that the Attorney General's Office has made a determination as to the lawfulness of the law enforcement officers non-fatal shooting of John Swanson, age 53, in Ossipee, New Hampshire on November 7, 2019.

At approximately 3:37 a.m. on November 4, 2019, Irene Baker of Tuftonboro, New Hampshire, called 911 to report that her friend, Patricia Swanson, had called and told her that Mrs. Swanson's son, John Swanson, was yelling and screaming at her. Mrs. Swanson had asked Ms. Baker to call the police. As a result of this report, Patrolman Tyler Eldridge of the Ossipee Police Department responded to Mrs. Swanson's residence at 35 Oakwood Drive.

As he approached the area of the residence, Patrolman Eldridge observed a vehicle speeding down Oakwood Drive without its headlights on. The officer signaled for the vehicle to stop, which it did. The officer observed a very distraught female driver, later identified as Patricia Swanson, driving the vehicle. Mrs. Swanson was extremely shaken, and stated, in substance, "I need to get out of here, I feel like I'm going to pass out."

Patrolman Eldridge escorted Mrs. Swanson to a nearby store, where he attempted to obtain additional information. Mrs. Swanson explained that she had awoken to her son yelling and that his actions worried her. According to Mrs. Swanson, Mr. Swanson had a history of mental illness and had recently changed his medication and she feared that the new medication was not working. She further advised that Mr. Swanson may have a firearm in the house, and gave Patrolman Eldridge permission to enter the residence. Emergency medical services (EMS) responded to the area, evaluated Mrs. Swanson, and ultimately transported Mrs. Swanson to a hospital.

After speaking with Mrs. Swanson, Patrolman Eldridge and New Hampshire State Police Trooper John Harris responded to the residence to speak with Mr. Swanson. During his interaction with Mr. Swanson, Patrolman Eldridge noted that Mr. Swanson appeared extremely "amped up." Concerned for Mr. Swanson's well-being, the officer asked Mr. Swanson if he would allow EMS to evaluate him, to which Mr. Swanson agreed. EMS evaluated Mr. Swanson and Mr. Swanson was thereafter transported to a hospital. Mr. Swanson checked into the hospital at about 5:09 a.m.

That same day, November 4, 2019, Mr. Swanson checked out of the hospital at about 7:04 a.m. Thereafter, and continuing for several days, Mr. Swanson made more than twenty-five calls to 911. During many of these calls, Mr. Swanson was aggressive, belligerent, and profane towards the dispatchers. He also accused the police of stealing a revolver from his residence and demanded it be returned or he would sue. He further repeatedly instructed that no police were to come to his residence, but must instead call him. In one call, he said that if police came to his residence he would "shoot their ass."

At about 5:49 p.m. on November 6, 2019, Sergeant Justin Swift of the Ossipee Police Department called Mr. Swanson. According to Sergeant Swift, during the call, Mr. Swanson stated, in substance, "If I don't get that fu**ing gun back, it's going to be a bullet in your head." Likewise, according to Patrolman Eldridge, during a call between the Patrolman and Mr. Swanson, at about 1:38 a.m. on November 7, 2019, Mr. Swanson stated, in substance, "Don't come here, I'll kill you all."

On November 7, 2019, the Ossipee Police Department obtained an arrest warrant for Mr. Swanson for two counts of criminal threatening in connection with the statements he allegedly made to Sergeant Swift and Patrolman Eldridge on November 6, 2019 and November 7, 2019, respectively. The police also obtained a search warrant for Mr. Swanson's residence for any firearms or other deadly weapons. Both the Ossipee Police Department and Mrs. Swanson obtained Certificates for Involuntary Emergency Admission (IEA), seeking to admit Mr. Swanson to a hospital for a mental health evaluation because they believed he posed a danger to himself. Mrs. Swanson also obtained a temporary restraining order against Mr. Swanson, prohibiting him from having contact with her or entering the residence at 35 Oakwood Drive.

After completing a risk assessment regarding the service of the aforementioned paperwork, the Ossipee Police Department requested assistance from the New Hampshire State Police Special Weapons and Tactics (SWAT) Unit in serving the warrants, IEAs, and temporary restraining order upon Mr. Swanson. As a result, at approximately 2:44 p.m. on November 7, 2019, several State Police SWAT Unit members, as well as about six Ossipee police officers, responded to 35 Oakwood Drive in Ossipee to serve the various paperwork upon Mr. Swanson.

Upon arrival, the law enforcement officers set a perimeter around the residence, and attempted to contact Mr. Swanson, who was alone inside of the residence, using a public address (PA) system in a police cruiser. While attempting to communicate with Mr. Swanson, the law enforcement officers heard two or three loud, muffled pops, but were unable to confirm they were gunshots or the location of where the sound came from. Shortly thereafter, they heard what they believed to be several distinct gunshots coming from the residence. As a result, at about 3:44 p.m., a full State Police SWAT Unit activation to the residence occurred.

As additional SWAT members arrived, they relieved the Ossipee officers on the perimeter and added additional perimeter units around the residence, and positioned the BEAR, the State Police's armored truck, in the driveway of the residence. Using the BEAR's PA system, State Police negotiators continued to attempt to communicate with Mr. Swanson.

At about 6:58 p.m., the SWAT Unit executed a gas plan, in which they introduced non-lethal gas into the residence, in an effort to force Mr. Swanson from the residence. Over the next hour, numerous gas rounds were introduced into the residence. At about 7:49 p.m., Mr. Swanson exited the residence while holding a loaded Century Arms RAS47 rifle. In the ensuing encounter, Sergeant Nicholas Levesque, Trooper First Class Nicholas Cyr, and Sergeant Michael Cedrone of the New Hampshire State Police SWAT Unit fired numerous rounds from their SWAT-issued rifles towards Mr. Swanson. Mr. Swanson sustained gunshot wounds to his left shoulder, right forearm, and left and right buttock. Mr. Swanson was hospitalized for his wounds and survived. No other law enforcement officers discharged their firearms and no one else was physically injured during the incident.

As provided by RSA 7:6 and RSA 21-M:3-b, the Attorney General is the State's Chief Law Enforcement Officer. The Attorney General has the responsibility to ensure that whenever law enforcement officers use deadly force, it is done in conformity with the law. The Attorney General does not investigate or opine on the particular procedures or tactics used by law enforcement officers. Instead, the Attorney General's review of officer-involved use of deadly force incidents consists of a criminal investigation, which is limited to determining whether officers complied with the applicable law. Thus, the Attorney General's review focuses on whether, under New Hampshire law, the use of force was justified because the officer reasonably believed that such force was necessary to defend himself or herself or a third party from what the officer reasonably believes is the imminent use of deadly force.

The non-fatal shooting of John Swanson by the three Troopers constitutes the use of deadly force under the law. The Attorney General's Office and the New Hampshire State Police Major Crime Unit have conducted a full investigation to determine whether that use of deadly force against John Swanson was legally justified. After a review of evidence gathered during the course of the investigation, the Attorney General has determined that Troopers Levesque, Cyr, and Cedrone's shooting of John Swanson was a legally justified use of deadly force.

The Carroll County Attorney's Office has charged John Swanson in connection with the statements he allegedly made to Sergeant Swift and Patrolman Eldridge on November 6, 2019 and November 7, 2019, respectively, and the gunshots law enforcement officers believed they heard coming from the residence on November 7, 2019, as well as other criminal charges. Those charges are pending. As a result, the Attorney General's Office is unable to release at this time a full report detailing all of the facts uncovered during this investigation. See N.H. Rules of Professional Conduct 3.6(a) ("A lawyer who . . . has participated in the investigation . . . of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter."). However, when the current legal proceedings against John Swanson have concluded, the Attorney General's Office will issue its full report on the investigation into Troopers Levesque's, Cyr's, and Cedrone's use of deadly force, with the associated findings and reasoning behind the determination made.