AG Rules Justified Use of Deadly Force in Nashua Shooting

Attorney General Joseph Foster announced May 16 that the officer-involved shooting in Nashua on March 22 was a legally justified use of deadly force.

The state concluded its investigation of the shooting by Officer Stephen Morrill, in a case that began with a search for a van driver in connection with thefts at Walmart and Hannaford's in Bedford. Bedford police apprehended a man matching the description of the shoplifter walking nearby, but the van was no where to be found.

Bedford police alerted Nashua police that the suspect left the scene in a van registered to a Nashua resident. Officer Morrill located the van in Nashua, his cruiser lights flashing, and he identified himself and ordered Craig Riley to stop. Police said Riley fled on foot, Morrill gave chase and they struggled at several points, with Riley assaulting the officer.

Riley allegedly grabbed for the officer's firearm at one point. Police said he also gained control of the officer's baton and he had raised the baton to hit the officer in the head.

It was reasonable for Morrill to conclude that Riley was about to use deadly force against him, according to the Attorney General.

Read the Attorney General's Report.

Excerpts from the findings:

"The report is far less detailed than other reports of this nature because there are criminal charges pending against Craig Riley, in connection with this incident. Therefore, certain details have been withheld pending resolution of Mr. Riley’s criminal charges."

"The investigation has revealed that Craig Riley’s actions and course of conduct on March 22, 2014, created a situation where Officer Stephen Morrill reasonably believed that he was in danger of death or serious bodily injury when Craig Riley grabbed Officer Morrill’s metal baton, raised it above Officer Morrill’s head, and turned his body as if to hit Officer Morrill in the head with his baton."

"Riley raised the baton in the air with his left hand, so that it was over his head. Riley started turning the baton, and therefore also his arm and body, toward Officer Morrill with the baton coming toward Officer Morrill’s head. They were about five feet away from each other, but close enough that Officer Morrill felt that Riley was going to strike Officer Morrill’s head. As Riley came at Officer Morrill with the baton, Officer Morrill had his firearm down at his hip at a low ready, in Riley’s direction but aimed more at the ground than at Riley. Officer Morrill thought that if he used his gun in the apartment building’s hallway, he would have to shoot down the hallway so the bullets would not go through the apartments. As Riley came around toward Officer Morrill, Officer Morrill fired two shots at Riley. Riley fell down to the ground. Officer Morrill holstered his weapon. He notified dispatch that shots had been fired. He cuffed Riley’s hands behind his back and requested an ambulance on scene. A short while later he saw officers coming down the hallway toward him."

The Attorney General's report concluded, in part:

"During these encounters Officer Morrill felt his life was in danger as Riley not only went after his firearm, but also tried to choke him, physically assaulted him, and attempted to use Officer Morrill’s baton against him. Only after having utilized each of these non-deadly measures, and losing his OC spray and baton as items of self-defense, did Officer Morrill use his firearm. He did so only when he felt that his life was in danger, making a split second decision 
that he needed to respond to what he reasonably believed was Riley’s imminent use of deadly force as Riley swung at Officer Morrill’s head with the baton."