CONCORD, N.H. – The New Hampshire Attorney General concluded its investigation into an officer involved shooting at the Space Force Station in New Boston in May 2022 and determined that the use of deadly force was justified.
New Boston police officer Shane Morton and Peter White, a contracted security guard for the facility, were involved in the incident that led to the death of Michael Foley, a 33 year-old man from Massachusetts.
The investigation found that Foley had been dealing with mental health issues when he drove to the Space Force Station on the night of May 13, 2022, and got out of his car with both a knife and an air pistol.
White, the security guard, asked Foley why he was there, but got no response, according to the investigation.
“They spent 18 minutes trying to de-escalate the situation with him,” said Associate Attorney General Jeffery A. Strelzin at a press conference. “They tried to talk to him, ask him who he was, what he wanted.”
“What do you want sir?” Officer Morton asked Foley. “FBI,” he responded. Two days prior Foley had called the FBI to request mental health services and threaten that he would do something “terrorist” to himself or others. The FBI traced his phone to Palmer, Massachusetts, and warned local police about the statements, but Foley was not located at that point.
The investigation found that Officer Morton fired two shots after Foley started approaching him with the knife and air pistol in hand. Neither of those shots hit Foley, but White fired a third shot immediately afterward, hitting Foley and killing him.
New Hampshire law says law enforcement can use deadly force when they believe it is necessary to defend themselves or someone else from the imminent use of deadly force.
Foley’s family members agreed to be interviewed for the investigation, Strelzin said. They described Foley struggling with mental health for most of his life but not as a person who wanted to hurt others. Foley had also enlisted in the Army National Guard for six years. The investigation found he had been living with friends and possibly in his car at the time of the incident.
On April 18, 2022, Foley had sent suicidal text messages to a friend, the investigation found. “I’m just letting you know I want to die. I can’t take it anymore. Everything is crumbling,” he said in the message. He had also made violent threats about committing crimes or terrorism and indicated he wanted the FBI to kill him.
“His family simply thought that he chose a military installation because he wanted someone else to kill him,” Strelzin said. Phone records show that he searched for military bases in New England the same day he drove to the Space Force Station, which is part of the Air Force.
His family told investigators that he had been hospitalized for mental health issues at one point in his life and had tried taking antidepressants but that they hadn’t helped him. A toxicology report showed that he was not taking any drugs or medication at the time of his death.
The investigation looked at photographs, radio transmissions, digital evidence, police reports, as well as physical evidence and interviews.
The Attorney General’s report is available online.
Amanda Gokee can be reached at amanda.gokee@globe.com. Follow her on Twitter @amanda_gokee.
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N.H. Attorney General finds police use of deadly force justified in 2022 Space Force Station shooting - The Boston Globe
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