Attorney general: State trooper justified in fatal N.H. shooting

A state trooper was legally justified in killing a New Hampshire man who shot him twice after being pulled over for speeding, the state attorney general’s office announced Wednesday.

Associate Attorney General Jeffery Strelzin said Wednesday that no charges will be filed against State Trooper Matthew Merrill in the December shooting death of 45-yearold Mark Clermont. Merrill was shot in the abdomen and foot before shooting and killing Clermont, who was armed with a rifle and handgun.

“Mr. Clermont clearly used unlawful deadly force against Trooper Merrill when he shot at him multiple times and wounded him twice,” Strelzin said.

The incident started, Strelzin said, when Clermont sped past Merrill on Route 135. Merrill did not initially turn on his blue lights over fear that Clermont would escape into Vermont. When he did turn on his lights, Clermont sped up and eventually came to a stop in a friend’s driveway. After Clermont exited his vehicle, he walked toward a trailer and ignored Merrill’s order to stop. Then, Merrill grabbed him from behind, prompting both men to fall to the ground.

Soon after, Merrill said he felt what he thought was the first gunshot and found Clermont standing over him, pointing a gun at his head. Merrill was able to escape and retreat to his patrol car, sparking a brief gunbattle. After Clermont shot him in the foot, Merrill eventually spotted Clermont more than 100 feet away and fatally shot him. Clermont’s body was later found near a wood pile, with a pistol underneath his body.

Merrill, who joined the force in 2012 and had not been involved in an officer-involved shooting before this incident, was briefly hospitalized for his injuries. He has since been released and continues to recovery from his injuries. He is hoping to eventually return to the job.

“Trooper Matthew Merrill acted honorably and heroically in the face of incredible danger and I am grateful that his health continues to improve every day,” New Hampshire State Police Colonel Nathan Noyes said in a statement.

Relatives of Clermont, who were not at the press briefing, disputed the attorney general’s findings. They believe Clermont tried to walk away from a confrontation with Merrill and was only defending himself when he opened fire. They noted that Clermont didn’t shoot Merrill when he said he had a gun pointed at his head and questioned why Merrill didn’t wait for backup, rather than grabbing the rifle and shooting Clermont.

“It’s a bunch of nonsense,” Clermont’s brother, Thomas Clermont said of the findings. “This officer was under the impression that my brother was trying to take his life. But what they didn’t say, my brother was actually walking away from him the whole time. He didn’t engage this dude in confrontation. This dude engaged my brother in a confrontation.”