Berkshire District Attorney Timothy Shugrue said he will not file criminal charges against a state trooper who fatally shot a 64-year-old man in Hancock, Massachusetts, earlier this month.
The Sept. 9 incident started with a 9-1-1 call by Phillip Henault saying he was scared for his life because his brother had come at him with knives.
Shugrue's final report, issued on Friday, said investigators believe Henault made the call "to lure police to his residence to force a violent police encounter often referred to as 'suicide by cop'."
The DA's report said when state trooper William Munch arrived, Henault was holding a butcher knife in each hand.
Only later did the trooper learn the only person at home was Henault's elderly mother.
On body cam footage, released by the DA, the trooper can be heard telling Henault to drop the knives and stop moving toward him.
"Tell me what's going on," Munch said.
Henault refused to stop advancing.
"Shoot me. I've been trying to kill myself," Henault said. And then said, he would kill the trooper.
Munch fired his handgun. Henault fell, got up. Munch shot again, killing him.
"There were no other objectively reasonable means that the trooper could have employed at the time in order to effectively protect himself and anyone that was in the home or the public," Shugrue said when he released the report.
The evidence included body cam and dash cam footage, an interview with a neighbor who heard the incident and two people across the street who saw it from a distance.
Shugrue said Henault had used deadly force against an officer.
"This report finds that the decision by the trooper to fire his weapon at Mr. Henault under these foregoing circumstances constitutes the lawful and reasonable exercise of self defense and defense of others," Shugrue said.
The final autopsy report has not been issued yet by the medical examiner. Shugrue said he did not want to delay his report because the autopsy would have no impact on it.
The former Berkshire District Attorney, Andrea Harrington did not file criminal charges against a Pittsfield police officer who fatally shot 22-year old Miguel Estrella in March 2020. At the time of the shooting Estrella was in the midst of a mental health crisis.
Note: If you or someone you know is in crisis, call or text 9-8-8 to reach the Suicide and Crisis Lifeline.
