Manchester officer ‘legally justified’ in 2024 fatal shooting of man with concealed weapon

MANCHESTER, NH – A final report issued Tuesday by the Attorney General’s office details the circumstances and considerations that lead to the conclusion that a Manchester police officer was justified in fatally shooting a man who first came to the officer’s attention by aiming a “finger gun” at the officer, who was on patrol in his cruiser.

According to the report, at about 9:30 a.m. on June 28, 2024, Sgt. Daniel Whelan was driving south on Beech  Street in his cruiser when he observed Andrew E. Smith, 56, walking  on the sidewalk. As Whelan drove by he saw Smith extend his arm and gesture with his hand as if  he was shooting a gun at Whelan.

Whelan circled the block and eventually parked his cruiser on the north side of Bridge Street a few minutes later.

According to the narrative in the report, Sgt. Whelan exited his vehicle at 9:38:34 a.m. and as he crossed Bridge Street to the sidewalk on the south side of the street, Whelan met with Smith, who was walking eastbound on the sidewalk in front of the apartment building of 195 Bridge Street. Whelan asked Smith multiple times if he could speak with him. Smith eventually stopped after being  told by Whelan that he was being detained.

As Whelan was speaking with Smith, he asked him to remove his right hand from his vest pocket. Initially, Smith complied with Whelan’s request. Whelan then asked Smith if he was armed, and Smith stated that he was. Whelan again instructed Smtih to keep his hand visible, however, Smith responded by reaching his right hand back into his vest pocket. At this time, Whelan body locked Smith to stop him from being able to pull out any object by wrapping his arms around  Smith’s waist.

A rideshare driver noticed the encounter and stopped, got out of his vehicle and asked Whelan if he needed help.  Approximately five seconds after Whelan tried to stop  Smith from pulling anything out of his pocket, Smith fired a single shot in the general direction of Whelan from a pistol concealed inside his right vest pocket. Whelan responded immediately by drawing his weapon and firing four shots at Smith causing fatal injuries. Later investigation revealed that after Smith fired his first shot, his pistol jammed, preventing the gun from firing further shots at Whelan.

Sgt. Whelan called for backup after discharging his firearm and began rendering medical aid until paramedics arrived and transported Smith to the Elliot Hospital, where he was ultimately declared deceased.

After the incident, the New Hampshire Attorney General’s Office and the New  Hampshire State Police were notified. The investigation into the incident began that morning.

You can read the full report below.

In his conclusion, Attorney General John Formella said that based on the facts and circumstances, it was reasonable for Whelan to believe that Smith posed an imminent threat of deadly force as Smith had just fired upon him, and that deadly force against Smith was necessary to protect himself as well as members of the public from that perceived imminent threat.

Below: Full report on June 28, 2024 fatal shooting of Andrew Smith by Sgt. Daniel Whelan.

ACFrOgDgnpqmvfM-eMIxM_DINFuJNU_nDoXlLtrYykJTclTMmrkCvaOdPgBcyVK-DJdRMvgIV3z5LGljKmIgVFAeIUsIaEzlTaZrTq9g8pUlizxkeT0ODqMsyL-LX9ANAuZlITDvczQ0KZm8nQayDownload