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AG: Officer involved Windham shooting was self-defense

The Attorney General has determined that a deputy acted in appropriate defense.
Credit: NEWS CENTER
Officials outside the residence where the officer-involved shooting occurred.

WINDHAM, Maine (NEWS CENTER) -- The Maine Office of the Attorney General released their findings about the officer-involved shooting on April 12, 2014 in Windham Thursday. The Attorney General determined Cumberland County Deputy Sheriff Nicholas Mangino acted in self-defense when he shot and killed 66-year-old Stephen F. McKenney.

The Attorney General's report said that just after 6 a.m. on April 12, Vicki McKenney called 911 from her home in Windham and asked for help because her husband was threatening suicide. A dispatcher sent Windham police officers James Cook and Seth Fournier to the McKenney residence. The 911 operator continued to speak with Vicki McKenney who said that her husband had suffered a lower back injury seven months earlier and that the chronic pain had affected him mentally. The report said the operator could hear Stephen McKenney demanding that his wife hang up the phone, but Vicki McKenney remained on the line.

While Officers Cook and Fournier were en route to the residence, the 911 operator learned that the Stephen McKenney had access to "a house full of" firearms. Vicki McKenney told the operator that her husband had previously said he would use a gun to harm himself. Vicki McKenney became more desperate and the operator could hear Stephen McKenney be verbally aggressive and try to take the telephone from his wife, said the report.

Deputy Sheriff Nicholas Mangino happened to be parked in Windham near the McKenney residence and also responded to the call. The Attorney Generals' report said all three officers arrived at the McKenney residence about the same time, eight minutes after the initial 911 call. The officers met with Vicki McKenney in the attached garage and directed her to a safer location. The officers then entered the home, Officers Cook and Fournier through the garage and Deputy Mangino through another door. The officers identified themselves and saw Stephen McKenney almost immediately in the hallway. The report said Officer Fournier asked what Stephen McKenney was holding in his hand. He replied, ".357 magnum." The officers told him to put the gun down, but he refused. The officers then left house and several other officers arrived to assist.

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Officials took Vicki McKenney to Officer Fournier's cruiser and he drove her down the street to a cul-de-sac about 284 feet from the residence. Officer Fournier was about to drive away, but then he saw Stephen McKenney come out of the residence. He stopped and alerted Officer Cook, who retreated to a position along the side of the residence. The report said the officers could see that Stephen McKenney was carrying a weapon, later identified as a Smith & Wesson .357 magnum revolver. The report said Stephen McKenney cocked the revolver, raised it, and then slowly lowered it in a motion as if he were seeking a target. Deputy Mangino appeared to be Stephen McKenney's focus. Deputy Mangino was about 100 feet away from Stephen McKenney, attempting to retrieve a rifle from his cruiser. Deputy Mangino issued several commands to Stephen McKenney to drop the gun. However, Stephen McKenney did not drop his weapon.

Stephen McKenney paced around the driveway, sometimes at distances less than 100 feet from Deputy Mangino. Deputy Mangino's cruiser was positioned with the driver's side facing the McKenney residence. Deputy Mangino sought cover by moving so that the engine could provide some protection. Stephen McKenney then walked down the driveway toward the deputy, ignoring commands from Deputy Mangino to drop the gun. Another officer at the scene, Officer Ernest MacVane, thought that Deputy Mangino was in danger of being shot by Stephen McKenney. Office MacVane prepared to fire his rifle at Stephen McKenney when Deputy Mangino fired two rounds from his carbine rifle. The distance between Deputy Mangino and Stephen McKenney was 69 feet at the time the deputy fired, said the Attorney General's report.

Stephen McKenney had fallen in the driveway, still holding the revolver. The revolver was cocked and loaded. Emergency medical personnel attempted to provide treatment to Stephen McKenney, but he was already deceased.

Attorney General Janet T. Mills concluded that at the time Deputy Mangino shot Stephen McKenney, he reasonably believed that there was an imminent threat against him and others. The report said the effective range for Stephen McKenney's firearm was at least 100 yards. The distance between him and Deputy Mangino was 23 yards.

Detectives from the Office of the Attorney General investigated the incident and based their findings off of an autopsy report, scene investigation, interviews, video recording and 911 recording.

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