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Maine AG: Trooper was justified in shooting man during Waldo standoff

Trooper Tyler Harrington shot Kote Aldus, 30, of Waldo on January 9, 2022, after he threatened to shoot other troopers while appearing to draw a gun from his pocket.
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AUGUSTA, Maine — Maine Attorney General Aaron Frey has determined that Maine State Police Trooper Tyler Harrington acted in self-defense and in the defense of others when he shot and injured a man during a standoff in Waldo in January.

Harrington shot Kote Aldus, 30, of Waldo on January 9, 2022, after he threatened to shoot other troopers while appearing to draw a gun from his right pocket, according to a report released by Frey on Thursday.

Harrington was among troopers who responded to East Waldo Road around 4:30 p.m. that day after a woman reported from a neighbor's house that she had fled her home after being choked and attacked by her husband, later identified as Aldus. She also said he had their two-week-old baby with him in the home and that he had asserted earlier in the day that the baby was not his biological child.

Officials saw bruising around Aldus' wife's neck consistent with being strangled, and she said Aldus had been drinking and had weapons, Frey stated.

Around 5:10 p.m., the Maine State Police Tactical Team and Maine State Police Crisis Negotiation Team were activated, and troopers reported hearing at least one gunshot from within the home, where Aldus and the baby were, according to Frey.

Harrington said he saw Aldus change his clothes and emerge from the home with a bulge in his pants that "appeared to resemble the grip of a pistol sticking out of the pocket," according to Frey's report. Harrington said he saw Frey turn toward the driveway of the home, where he knew there were troopers, and say, "I'm going to shoot you [expletive]," Frey stated. 

Aldus then made a motion that appeared as though he was drawing a gun from his pocket, and Harrington fired several rounds at him, according to Frey.

The shots, which were fired around 6:30 p.m., caused Aldus to fall to the floor a few feet inside the doorway of his home. Police could see him crawling and instructed him to surrender, but he refused, Frey said. He was ultimately taken into custody with the help of a police dog shortly before 8:30 p.m.

When troopers went inside the home, they found the baby in a car seat with no apparent injuries. Aldus was treated for a gunshot wound to his right knee and multiple dog bites to his lower back. Medical records described him as "acutely intoxicated," according to Frey.

A search of the home yielded ammo and guns, including multiple pistols, a shotgun, and a rifle, Frey stated.

According to Frey, when Aldus was interviewed by a detective from the Office of the Attorney General, he expressed his hope that the trooper would not get in trouble because "in my opinion, he made the same choice I would have made."

"In light of all that he knew, it was reasonable for Trooper Harrington to believe that when Mr. Aldus emerged from his house, turned in the direction of the officers in the driveway, threatened to shoot the officers, and appeared to be drawing a firearm, that the use of unlawful deadly force by Mr. Aldus was imminent," Frey stated.

Aldus was charged on Jan. 9 with felony aggravated assault, as well as the misdemeanor charges of domestic violence assault and creating a police standoff. 

On Jan. 21, he was charged with the felony crimes of tampering with a witness, juror, or victim and violation of conditions of release. He was also charged with the misdemeanor crime of violation of a protection order.

On March 23, Aldus was again charged with felony tampering with a witness, juror, or victim and violation of conditions of release, as well as misdemeanor violation of a protection order.

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