AG: Deadly force in Shannon case was justified

Ben Shannon

CONCORD - The four lawmen involved in the fatal shooting in March of Ben Shannon at Sak's Trailer Park in Rochester have been absolved in the use of deadly force.

The 20-page report released on Wednesday concludes that while no gun was found on Shannon, the officer who fired the shots that killed Shannon believed his life was in peril due to the words and actions Shannon is said to have used moments before the shooting began.

Shannon, 34, was shot three times, in the mid-back, the upper back and the left upper arm. The trajectory of the shot in the left upper arm lodged in his chest, while the other two exited his body. Two other rounds fired by lawmen missed altogether.

After the shooting Shannon was rushed to Frisbie Memorial Hospital then Medflighted to Maine Medical Center in Portland, Maine, where he died later that night.

A final autopsy report has still not been issued by the state of Maine, however, a toxicology report shows Ben Shannon's BAC level at .173, more than twice the legal limit to drive. The report also refers to his prescribed use of Klonopin and Celexia, both antidepressants, though no amount of those drugs has been identified as being in his body.

The circumstances that led to Shannon's death began unfolding a little before 3 p.m. on March 10 as New Hampshire Department of Corrections Probation/Parole Officers Ian Stringer, Jason Wirth, and Benjamin Densmore along with Strafford County Sheriff Deputy Brian Hester arrived at the home of Shannon's mother at 28 Periwinkle Drive.

The four were there to check up on Shannon's older brother, Wayne Jr., a parolee, and Ben Shannon, on whom an arrest warrant had been filed earlier in the day for not complying with bail conditions following his arrest in a Rochester convenience store robbery in February.

Besides Ben Shannon, his mother, Beverly Shannon; and her roommate were in the trailer when lawmen knocked on the door.

The report, based on individual interviews with all four lawmen involved, as well as Beverly Shannon and the roommate, concludes that Probation and Parole officer Wirth fired the fatal shots after he thought Ben Shannon was pointing a gun at him and threatening police that he had a gun.

Wirth, looking into a darkened back bedroom from the adjoining bathroom, saw Ben Shannon raise a dark object, the report states. According to the report based on Wirth's interview with investigators from the Attorney General's Office:

Shannon said, "I have a gun," and began reaching into his pocket. Shannon then said, "Shoot me, I'm going to kill you," as his hands started coming up. PPO Wirth could see Shannon was holding something in one of his hands as they came up toward PPO Wirth. PPO Wirth could not tell if the object in Shannon's hand was pointed outwards or inwards. PPO Wirth began yelling commands to Shannon. Shannon continued to raise his hands toward PPO Wirth. PPO Wirth saw Shannon holding what appeared to be a black object. Upon seeing Shannon point this black object directly at him, PPO Wirth fired his handgun.

The timing of the commands by Wirth to Shannon to show his hands and remarks allegedly made by Shannon about having a gun are borne out in the timeline of events as they happened based on interviews with all four lawmen.

However, the exact words used by Shannon as the four lawmen tried to push in the two doors into the back bedroom where he was trapped somewhat differ.

While Wirth and others heard him as saying words to the effect of "I've got a gun, you'll have to shoot me," Stringer said he heard Ben Shannon say, "Please shoot me, I have a gun."

In the end the report surmises Ben Shannon was likely clutching a cellphone and pointing it at Wirth when the shots that killed him were fired.

A fifth round was discharged by Dinsmore as he stood in the hallway outside the back bedroom where Shannon was holed up, the report states, adding that Dinsmore thought Shannon and Wirth were firing at each other and that Shannon might come out the door where he was to harm officers. That bullet missed Shannon and exited the trailer wall.

Beverly Shannon, and her other son, Wayne Shannon, announced a wrongful death lawsuit in April, citing police used improper procedures in seeking to arrest Ben Shannon.

Their attorney, Peter McGrath, said lawmen made poor decisions the day of the incident, adding they should have set up a perimeter, called for backup and set up a safe scene to take Shannon into custody.