AG: Belmont officers justified in June fatal shooting

BELMONT — Three Belmont police officers were justified in using deadly force when they shot and killed an armed Northfield man late on the night of June 15, state Attorney General Gordon MacDonald announced Tuesday.

MacDonald said Sgt. Evan Boulanger and police officers Kristopher Kloetz and Patrick Riley reasonably believed their lives were in imminent danger when together they fired 13 shots at Michael J. Sheehan II, 45, on South Road at 11:40 p.m., killing him instantly.

Belmont Police Chief Mark Lewandowski, State Police Major John Marasco, and Assistant Attorney General Jesse O'Neill flanked MacDonald as he made the announcement at a midday news conference in the Corner Meeting House.

Police said Sheehan stopped his car in front of the driveway of 98 South Road after noticing a police car was following him. The three officers ordered Sheehan, who was wanted for felony criminal threatening, to get out of the car and back up toward them. Sheehan instead took a handgun out of its holster, pointed to the underside of his chin, and began walking quickly toward the officers.

“It was reasonable [to conclude] that each of them faced imminent threat,” MacDonald said.

MacDonald said no charges would be filed against any of the officers.

Lewandowski said all three men would return to regular duty today.

The fatal event of June 15 did not happen in isolation, O'Neill said, noting that Sheehan had a long history of domestic abuse in addition to evidence of chronic mental illness. Earlier in the day, Sheehan had threatened to kill his mother and sister, and repeatedly threatened to "commit suicide by cop."

Three days before the fatal shooting Sheehan was with his girlfriend of 4½ years with whom he had been emotionally and physically abusive, O’Neill said. During that visit, Sheehan put a gun to the woman's mouth and threatened to shoot her if she “ever talked back to him.”

On the afternoon of the shooting, Sheehan went to Belmont to see his sister, Vanessa Day, who told investigators her brother was drunk. During their visit, the two got into an argument about politics, whereupon he grabbed her by the throat, hit her, and threw her to the ground. Sheehan then put a gun to Day’s head and threatened to kill her. A friend of Day’s was able the break up the altercation and convince Sheehan to leave.

Sheehan then drove to his parents’ house in Northfield. On his way, he called his mother, Caroline Dion, who later told investigators he was “spewing all kinds of violent talk.” Dion’s husband, also named Michael Sheehan, was so concerned that he called 9-1-1 to alert them that the younger Sheehan was “on a rampage.” When the younger Sheehan arrived outside the house, he fired off one shot from his gun. Once inside, Sheehan pointed the gun at Dion’s head. However, when two Northfield officers arrived in response to the 9-1-1 call, Dion did not tell them her son had threatened her with a gun.

The officers twice urged Sheehan to go to the hospital, but each time he refused. After about 40 minutes, the officers told investigators that Sheehan had calmed down, and the officers left to answer another call.

At 10:14, Sheehan texted his sister, “You shouldn’t have f---ed with me. Your done.” Whereupon Day texted Dion, “Well apparently hes coming here to kill me. Tell my girls I love them.”

Dion urged her daughter to go to a hotel, and also told her that Sheehan had put a gun to her head.

Soon afterward Lewandowski, Boulanger, and police officer Josh Landry arrived at Day’s home. She told them how Sheehan had strangled her and put a gun to her head earlier. At that time, police put out a be-on-the-lookout — or BOLO — bulletin on police radio frequencies, asking police to stop Sheehan in connection with a felony criminal threatening charge. Police were advised to use caution because Sheehan was armed.

At 11:11 p.m., Belmont police were informed by Northfield police that they had dealt with Sheehan earlier, and that he had “mentioned suicide by cop.”

At about the same time, Sheehan talked to his mother. When that conversation ended, Dion texted Day to warn police that he was out to kill them.

Riley was the first officer to spot Sheehan’s vehicle. He saw it traveling on Route 140 at 11:37 p.m. Riley turned around and followed Sheehan. Soon after, Kloetz fell in behind Sheehan’s vehicle and the two, who had heard the earlier BOLO call, followed him as he turned off Route 140 and onto South Road. Boulanger joined the other two officers soon afterward.

Sheehan stopped his car in front of the driveway of 98 South Road. The closest police cruiser was about 60 feet away, O’Neill said.

The officers shouted for Sheehan to back up toward them.

“Instead,” O’Neill said, “he took the gun out of his holster, put the gun (a 9mm semi-automatic pistol) under his chin and turned around, and began to walk briskly toward the officers. When Sheehan had advanced to within 25 feet of the nearest cruiser, all three officers opened fire and Sheehan dropped to the ground.

“The officers felt Sheehan could have fired the weapon at any second,” O’Neill said.

Boulanger told investigators he thought Sheehan was using a delaying tactic to get closer to the officers so he could shoot them, O’Neill added.

O’Neill said investigators found one bullet was in the chamber of Sheehan’s pistol.

June’s shooting marked the second time that Boulanger and Riley had fired their weapons in the line of duty.

Boulanger was involved in a September 2017 shooting during a standoff with Joseph Mazzitelli of Belmont. That investigation determined that Boulanger had fired two non-fatal shots at Mazzitelli, who was holding a gun to his head. The autopsy showed that Mazzitelli died from a single self-inflicted gunshot wound to the head. The Attorney General's Office concluded that Belanger had been justified in using deadly force against Mazzitelli.

In November 2016, Riley was conducting a traffic stop on South Road when the driver, Hayden Moon, refused to get out of his car and instead sped off, dragging Riley about 100 feet. Once he was free of the vehicle, Riley fired his weapon, but there were no injuries. Then-Belknap County Attorney Melissa Guldbrandsen concluded the shooting was unjustified, but declined to charge Riley because she believed there was not enough evidence to prove any charges beyond a reasonable doubt.

When officers searched Sheehan’s car after the shooting, they found a 6.5mm semi-automatic rifle with scope on the front seat. In addition, they found two partially loaded magazines for the rifle, a box containing 65 rounds of 9mm ammunition, and two empty 9mm magazines.

As a convicted felon, Sheehan was prohibited from legally possessing firearms. The investigation showed that the pistol had been purchased by Sheehan's girlfriend, who had been coerced by Sheehan into buying it under the promise the weapon would be kept locked away in her home. The rifle also belonged to the woman, O’Neill said.

The autopsy conducted on June 16 concluded that Sheehan died from multiple gunshot wounds. Tests revealed that Sheehan’s blood-alcohol content was 0.138, more than 1½ times the legal limit. Toxicology tests also showed traces of marijuana in Sheehan's system.

O’Neill said the finding that the shooting was justified was based on factors other than the officers' individual accounts.

For example, “Belmont police reports confirm that in prior interactions Mr. Sheehan had threatened violence and suicide,” the 70-page investigative report states. Sheehan's girlfriend “confirmed he had attempted suicide in the past and said that he told her that ‘the only way he was going to die’ was to have the gun on him when the police pulled him over ‘because he couldn’t shoot himself.”

Lewandowski said Boulanger, Riley, and Kloetz showed “heroic restraint in an evolving situation.”

“No officer wants to use deadly force," he said, "but we had no choice.”