Manchester sergeant justified in Andrew Smith fatal shooting after his gun fires off during struggle

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Concord, NH - An investigation has determined that a Manchester police officer was justified in using deadly force when he shot and killed a man last summer.

The report from the attorney general's office on the June 28 shooting death of Andrew Smith, 56, contains witness reports and still images from the camera worn by Manchester police Sgt. Daniel Whelan.

Officials said the shooting happened after Whelan drove past Smith in his cruiser, and Smith gestured with his hand as if he was shooting a gun at the officer.

According to the report, Whelan circled the block before approaching Smith and asking to speak with him. Smith eventually stopped when Whelan said he was being detained.

Investigators said Whelan asked Smith to take his hand out of his vest pocket, which he did. But Smith later put his hand back in the pocket. Whelan suspected Smith had a weapon in his pocket, so he put him in a bear hug and took him to the ground.

Officials said that in the struggle, a handgun inside Smith's pocket fired. Whelan returned fire with four shots at near-point-blank range.

Investigators later learned that Smith's gun had jammed. They said the whole incident happened in a matter of seconds.

"But then after telling the officer he was armed, he placed his hand back into his vest pocket, a subsequent struggle ensued, and within a matter of five seconds, the individual fired a shot at Sgt. Whelan," said Alex Kellermann, an attorney with the Criminal Justice Bureau.

The investigation determined that it was reasonable for Whelan to believe that Smith posed an imminent threat of deadly force, and he was justified in using deadly force against Smith.