Officers were legally justified in fatal shooting of New Hampshire man who shot at police, AG says

CONCORD, N.H. — Police officers were legally justified in using lethal force when they shot and killed a Nashua man who shot at officers responding to a domestic call in January, the attorney general said Thursday.

Heath Thompson, 39, was shot and killed by police on Jan. 21 after he began firing one of his handguns at officers who responded to a domestic violence call at a Marie Avenue home, Attorney General John Formella said in a statement.

“The final investigation report (attached) concludes that, based on all the facts and circumstances, Nashua Police Officers Cameron Hult, Wade Hansen, and Connor Reynolds were legally justified in their individual uses of deadly force against Heath Thompson as he fired upon them,” Formella said.

No charges will be filed against the officers, Formella said.

Investigators obtained and reviewed 43 video recordings from the night of the incident from officer-worn body cameras and patrol vehicle cameras, Formella said in his report.

Police responded to the home at 49 Marie Ave. after receiving a 911 call at 11:46 p.m. on Jan. 20 reporting a domestic disturbance at the home.

A man had called police to report that Thompson was drunk, had a gun and had been fighting with and threatening family members, the attorney general’s report states.

At some point, Thompson allegedly demanded that all family members “get out of the house,” the report states. He also allegedly told another resident living at the home “that they had to choose between her suffering a heart attack or having ‘her brains blown out.’”

Several officers responded to the scene. Two of the officers responded with a BearCat, a tactical SWAT vehicle, according to the report. Officers took cover behind their patrol vehicles and the BearCat, and also took up positions around the single-family home.

Starting at 11:59 p.m. and for the next 15 minutes, Nashua Police made at least 14 announcements over the BearCat’s loudspeaker with slight variations of the same message: “Heath, this is the Nashua Police Department. You need to exit the residence with your hands up and walk to the street,” the report states.

Thompson did not comply with any of these announcements, police said.

During the next 19 minutes – from 12:03 a.m. to 12:22 a.m.– Thompson repeatedly exited and reentered the house through a side door and another porch door, the report states.

“Each time he verbally engaged with police while ignoring their commands to show them his hands and walk out to the street,” the report states.

Thompson ignored officer commands “instead threatening to shoot any officers who came onto his property,” the report states.

At 12:13 a.m., Thompson appeared on the side of the house and let several dogs out into the backyard. Police again identified themselves to him and commanded Thompson to show them his hands, the report states. He did not comply and went back inside.

At 12:17 a.m., Thompson returned outside, descending steps towards the walkway, the report states.

Police again asked him to show his hands and walk toward the street.

“He first raised his hands and then lowered them. Then he reached toward his hip, withdrew a firearm, and raised his hands again, the gun pointing toward the sky,” the report states. “He quickly lowered it, returning it to his hip area, before mounting the steps and returning inside.”

About a minute later, Thompson reappeared outside “gun in hand,” the report states. Without speaking to officers, he went back inside.

At 12:20 a.m., Thompson appeared outside again and let the dogs back inside the home.

Three officers issued additional commands, telling Thompson to show them his hands and asking him to come outside to talk, the report states. Thompson told police that the officers “were done talking and they needed to make a choice.” He briefly went back inside and then came back outside.

“Mr. Thompson then told police, ‘I’m going to shoot you or you’re going to shoot me,’” the report states. Two officers both responded by saying, ‘Don’t make us do that.’”

Seconds later, at 12:22 a.m., officers saw Thompson “extend his right hand extended perpendicular from his torso toward the officers, and fire a single gunshot toward the officers,” the report states.

“In response, Officer Van Tassel fired the less lethal 40mm sponge ball launcher while Officers Hult, Hansen, and Reynolds discharged their firearms,” the report states.

Thompson was struck by one gunshot in the chest. He was later pronounced dead at the scene.

He worked as a local mechanic and was a member of the Pinnacle Mountain Fish and Game Club, according to his obituary.

This is a developing story. Check back for updates as more information becomes available.

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