Maine trooper justified in shooting of Thorndike man, according to attorney general - WABI

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THORNDIKE, Maine (WMTW)— A Maine trooper has been cleared of wrongdoing after shooting a man in Thorndike in 2019.

The findings by the attorney general were released early Friday afternoon.

According to the report, Troopers Thomas Bureau II and Luke Martin were on patrol in Waldo County when they received a report on a woman who was worried about a neighbor yelling outside her home around 9 p.m.

Officials identified the neighbor as Eric Fitzpatrick.

The investigative report states the dispatcher notified authorities Fitzpatrick had mental health issues on file.

The report says when the troopers arrived, they did not hear any noises coming from either house.

Bureau spoke with Fitzpatrick’s ex-wife by phone around 9:15 p.m. According to officials, she told Bureau she would be home in 45 minutes and would be able to calm him down.

Around 10 p.m., officials say Fitzpatrick called the communications center. Officials told troopers Fitzpatrick said he was intoxicated and later added he had guns and Tasers in his home.

Troopers stopped by the restaurant where Fitzpatrick worked. She informed them he did not have guns but did have a Taser, according to findings.

Troopers stopped by the restaurant where Fitzpatrick worked. She informed them he did not have guns but did have a Taser, according to findings.

The report continues to say she told officers she would head home and calm him down, assuring Bureau she felt safe going home.

Around 10:30 p.m., Fitzpatrick allegedly called the communications center once again, again saying he was intoxicated and requesting law enforcement. Fitzpatrick’s ex-wife called to report he was “freaking out on her and he is trying to Tase her at this time,” the findings say.

The report says when troopers arrived again, they could hear yelling inside the home. Fitzpatrick’s ex-wife again told officials he only had “a prong Taser that shoots a prong and a flashlight Taser.”

Troopers asked Fitzpatrick repeatedly to come outside.

When Fitzpatrick decided to leave the house, officials say he had a Taser in one hand and what appeared to be a pistol in the other.

According to the report, he aimed the Taser and what the troopers believed to be a pistol at a trooper. During a confrontation between the pair, Fitzpatrick’s ex-wife claimed the object was a BB gun, but Fitzpatrick asserted it was real and had live ammo in it.

Bureau was able to draw Fitzpatrick’s attention away from the other trooper. When Bureau began to advance, the attorney general’s report says Fitzpatrick’s “arms extended straight out with the Taser in one hand and the pistol in the other, both aimed at Trooper Bureau.”

Bureau fired two shots at Fitzpatrick. Troopers were able to handcuff him and render first aid. According to officials, once in custody, they found out Fitzpatrick was wearing a ballistic vest with the shield or panel, a gun belt with a pellet pistol in the holster, and a pouch containing handcuffs.

On the floor, officials say they found the Taser and what appeared to be a handgun. The handgun was determined to be a pepper-spray gun, officials say.

The attorney general said, “When Trooper Bureau shot Mr. Fitzpatrick, he reasonably believed that Mr. Fitzpatrick was about to use unlawful deadly force against him when he aimed a Taser and what appeared to be a handgun at him.”

He adds it was reasonable to assume the item was a handgun due to limited lighting and Fitzpatrick’s claims on the weapon.

“All the facts and circumstances point to the conclusion that Trooper Bureau acted in defense of self and others when he shot Mr. Fitzpatrick,” Attorney General Aaron Frey wrote.

Fitzpatrick has been convicted of criminal threatening and was sentenced to three years incarceration in 2021, all of which was suspended for two years of probation during which he must submit to psychological counseling and treatment. He must also abide by conditions such as no contact with his ex-wife.

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