Attorney General’s Preliminary Report
Attorney General Gordon J. MacDonald and New Hampshire State Police Colonel Christopher J. Wagner announce that the preliminary report has been completed regarding the investigation into the officer-involved shooting of Patrick Letendre that occurred in Keene on July 10, 2017.
The report, which is attached, concludes that based on all the facts and circumstances, Sergeant Christopher Simonds and Police Officer Mark Cotton of the Keene Police Department were legally justified in the use of deadly force when each officer discharged his firearm at Mr. Letendre.
The police officers involved in the incident have been fully cooperative with the investigation and all have been interviewed. The final interview with one of the involved police officers was completed on July 13, 2017.
This report is limited and not fully detailed because criminal charges may be brought against Mr. Letendre for his actions before and during the shooting incident.
The New Hampshire Rules of Professional Conduct, applicable in this case, limit what attorneys may reveal about a pending matter. In particular, New Hampshire Rule of Professional Conduct 3.6, states that “[a] lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.”
Because criminal charges may be brought against Mr. Letendre for his conduct before and during the incident, certain details are being withheld at this juncture in accordance with the dictates of the above Rule.
However, once those other prosecutorial decisions have been made and any potential criminal matters have concluded, the Attorney General’s Office will issue a fully detailed final report on this officer-involved shooting incident.