By DAMIEN FISHER, InDepthNH.org

Manchester Police Sgt. Daniel Whelan was justified in shooting armed Manchester man Andrew Smith, who was high on ketamine during a violent encounter this summer.

The New Hampshire Attorney General’s Office released its report on the fatal shooting investigation Tuesday clearing Whelan for the actions he took on June 28, 2024. 

“Based on the investigation of this deadly force incident, Attorney General John M. Formella finds that the use of deadly force by Sergeant Whelan against Mr. Smith on June 28, 2024, was legally justified,” the report states.

The fatal incident began around 9:30 a.m. on June 28 when Whelan first saw Smith, 56, on Beech Street near Bridge Street. Whelan was driving his marked patrol car and Smith was walking on the sidewalk, according to the report. As the officer drove past, he saw Smith make eye contact and point his arm at him and then make a shooting motion, pantomiming shooting the police officer, according to the report.

Whelan decided to find out if Smith’s threat was serious, so he circled his car around the street and caught up with Smith, the report states. The officer parked his car and got out to speak to Smith. The two men were close to the front of the apartment building at 195 Bridge Street when Whelan began asking Smith to speak with him, the report states.

Smith had a hand in the front pocket of his vest and would not answer questions when Whelan tried to engage, according to the report. During this interaction Smith told the officer he was armed. Smith took his hand out of the vest when Whelan ordered him to. Before Whelan was able to pat Smith down and secure the weapon, Smith put his hand back in his pocket, the report states.

At this point, Whelan feared Smith would use the gun and make good on his threatening gesture. The officer responded by wrapping Smith in a bear hug to keep him from pulling out the gun, according to the report. Whelan told investigators he attempted to get control over Smith by taking him down to the pavement while still in the bearhug.

During that struggle, Smith would not take his hand out of his vest pocket. Instead, Smith fired his .40 caliber Beretta pistol, the report states, then Whelan reacted, pulled his service .9 mm Sig Sauer and fired a shot into Smith.

However, that first shot did not incapacitate Smith, Whelan told investigators, and Smith still had his hand on his gun. Whelan stood up and fired three more shots into Smith’s chest, stopping when he deemed the man was incapacitated, the report states. 

Smith was pronounced dead later that day after being taken to Elliot Hospital. 

The autopsy found Smith had 1,400 ng/mL of ketamine in his blood at the time of his death. According to the report, a person would normally have a ketamine blood concentration of 1000 ng/mL 12 minutes after taking a 2.5 mg/kg dose via I.V. Ketamine is known to cause visual disturbances, agitation, hallucinations, delusions, irrational behavior, and/or dream-like states.