AG: Police shooting of Ossipee man in Nov. justified

John Swanson (Courtesy)

CONCORD - The Attorney General's Office announces on Tuesday that the shooting of an Ossipee man by NH SWAT team members was justified.

According to a statement from the AG's office, the incident began to unfold around 3:35 a.m. on Nov. 4 when Irene Baker of Tuftonboro called 911 to report that her friend, Patricia Swanson, had called and told her that Mrs. Swanson's son, John Swanson, was yelling and screaming at her. Patricia Swanson had asked Baker to call the police. As a result of this report, Patrolman Tyler Eldridge of the Ossipee Police Department responded to Mrs. Swanson's residence at 35 Oakwood Drive.

As he approached the area of the residence, Patrolman Eldridge observed a vehicle speeding down Oakwood Drive without its headlights on. The officer signaled for the vehicle to stop, which it did. The officer observed a very distraught female driver, later identified as Patricia Swanson, driving the vehicle. She was extremely shaken, and stated, in substance, "I need to get out of here, I feel like I'm going to pass out."

Patrolman Eldridge escorted Mrs. Swanson to a nearby store, where he attempted to obtain additional information. Mrs. Swanson explained that she had awoken to her son yelling and that his actions worried her. According to Mrs. Swanson, Swanson had a history of mental illness and had recently changed his medication and she feared that the new medication was not working. She further advised that Swanson may have a firearm in the house, and gave Patrolman Eldridge permission to enter the residence. Emergency medical services (EMS) responded to the area, evaluated Mrs. Swanson, and transported her to a hospital, the AG's report noted.

After speaking with Mrs. Swanson, Patrolman Eldridge and New Hampshire State Police Trooper John Harris responded to the residence to speak with Swanson. During the interaction with Swanson, Patrolman Eldridge noted that he appeared extremely "amped up." Concerned for Swanson's well-being, the officer asked Swanson if he would allow EMS to evaluate him, to which Swanson agreed. EMS evaluated Mr. Swanson and Mr. Swanson was thereafter transported to a hospital. Mr. Swanson checked into the hospital at about 5:10 a.m.

That same day, November 4, 2019, Mr. Swanson checked out of the hospital at about 7:04 a.m. Thereafter, and continuing for several days, Swanson made more than 25 calls to 911.

During many of these calls, Swanson was aggressive, belligerent, and profane towards the dispatchers. He also accused the police of stealing a revolver from his residence and demanded it be returned or he would sue. He further repeatedly instructed that no police were to come to his residence, but must instead call him. In one call, he said that if police came to his residence he would "shoot their ass."

At about 5:50 p.m. on Nov. 6, 2019, Sgt. Justin Swift of the Ossipee Police Department called Mr. Swanson. According to Sergeant Swift, during the call, Mr. Swanson stated, in substance, "If I don't get that ****ing gun back, it's going to be a bullet in your head." Likewise, according to Patrolman Eldridge, during a call between the Patrolman and Mr. Swanson, at about 1:38 a.m. on November 7, 2019, Mr. Swanson stated, in substance, "Don't come here, I'll kill you all," the report states.

On Nov. 7 the Ossipee Police Department obtained an arrest warrant for Swanson for two counts of criminal threatening in connection with the statements he allegedly made to Sergeant Swift and Patrolman Eldridge on Nov 6 and 7.

The police also obtained a search warrant for Swanson's residence for any firearms or other deadly weapons. Both the Ossipee Police Department and Mrs. Swanson obtained Certificates for Involuntary Emergency Admission (IEA), seeking to admit Mr. Swanson to a hospital for a mental health evaluation because they believed he posed a danger to himself.

Mrs. Swanson also obtained a temporary restraining order against Swanson, prohibiting him from having contact with her or entering the residence at 35 Oakwood Drive.

After completing a risk assessment regarding the service of the aforementioned paperwork, the Ossipee Police Department requested assistance from the New Hampshire State Police Special Weapons and Tactics (SWAT) Unit in serving the warrants, IEAs, and temporary restraining order upon Mr. Swanson.

As a result, at 2:44 p.m. on Nov. 7, several State Police SWAT Unit members, as well as about six Ossipee police officers, responded to 35 Oakwood Drive in Ossipee to serve the various paperwork upon Mr. Swanson.

Upon arrival, the law enforcement officers set a perimeter around the residence, and attempted to contact Mr. Swanson, who was alone inside of the residence, using a public address (PA) system in a police cruiser. While attempting to communicate with Mr. Swanson, the law enforcement officers heard two or three loud, muffled pops, but were unable to confirm they were gunshots or the location of where the sound came from. Shortly thereafter, they heard what they believed to be several distinct gunshots coming from the residence. As a result, at about 3:44 p.m., a full State Police SWAT Unit activation to the residence occurred.

As additional SWAT members arrived, they relieved the Ossipee officers on the perimeter and added additional perimeter units around the residence, and positioned the BEAR, the State Police's armored truck, in the driveway of the residence. Using the BEAR's PA system, State Police negotiators continued to attempt to communicate with Mr. Swanson.

At about 6:58 p.m., the SWAT Unit executed a gas plan, in which they introduced non-lethal gas into the residence, in an effort to force Mr. Swanson from the residence. Over the next hour, numerous gas rounds were launched into the residence. At about 7:49 p.m., Mr. Swanson exited the residence while holding a loaded Century Arms RAS47 rifle. In the ensuing encounter, Sergeant Nicholas Levesque, Trooper First Class Nicholas Cyr, and Sergeant Michael Cedrone of the New Hampshire State Police SWAT Unit fired numerous rounds from their SWAT-issued rifles towards Mr. Swanson. Mr. Swanson sustained gunshot wounds to his left shoulder, right forearm, and left and right buttock. Mr. Swanson was hospitalized for his wounds and survived. No other law enforcement officers discharged their firearms and no one else was physically injured during the incident.

The non-fatal shooting of John Swanson by the three Troopers constitutes the use of deadly force under the law. The Attorney General's Office and the New Hampshire State Police Major Crime Unit have conducted a full investigation to determine whether that use of deadly force against John Swanson was legally justified. After a review of evidence gathered during the course of the investigation, the Attorney General has determined that Troopers Levesque, Cyr, and Cedrone's shooting of John Swanson was a legally justified use of deadly force.

Meanwhile, the charges against Swanson are still pending. As a result, the Attorney General's Office is unable to release at this time a full report detailing all of the facts uncovered during this investigation.