NH AG: Trooper, officer justified in shooting of man on I-89
HOPKINTON — New Hampshire Attorney General Gordon J. MacDonald announced that the officer-involved shooting that happened on Interstate 89 was justified.
MacDonald said based on all the facts and circumstances, New Hampshire State Police Trooper Michael Arteaga and New London Police Officer James MacKenna were each justified in the use of deadly force when each officer discharged his firearm at Bryan G. Evans, 31, on May 19.
A report issued Thursday evening does not include full details of the incident as Evans is facing six charges that stemmed from the incident.
Around 6:51 p.m. on May 19, Arteaga spotted a car reported stolen from Vermont driving south on I-89, at which point he reportedly requested additional officers to assist him in taking Evans into custody.
Police said Evans did not stop immediately after officers activated their blue lights and sirens, but eventually did pull over in the breakdown lane near Exit 6 in Hopkinton.
Evans allegedly refused to obey officers' commands, keeping his right hand concealed in his jacket. He then went on to say if one trooper released his dog, "the Trooper was a dead man," the report read.
At this point, Evans pulled his hands out of his jacket in a "gun-style" fashion at the officers, prompting three officers to fire their weapons, the report read. MacKenna fired one shot and missed; Trooper Daniel Livingstone attempted to shoot at Evans, but his gun malfunctioned and did not fire; and Arteaga fired two shots, hitting Evans in the left leg, the report added.
Police said after being shot, Evans got back into the stolen car and drove away before again stopping in the breakdown lane. Officers then arrested Evans, who reportedly did not have a gun, and took him to the hospital for treatment.
Police charged Evans with one count of receiving stolen property - a class A felony, one count of unauthorized use of a propelled vehicle - a class A misdemeanor, three counts of criminal trespassing - a class A misdemeanor and one count of disobeying an officer - a class A misdemeanor. Additional charges are forthcoming, police added.