AUGUSTA — Maine Attorney General Aaron M. Frey has found a Maine State trooper acted in self defense when he shot a suspect he believed was pointing a handgun at him, during a Nov. 26, 2019 confrontation.

Frey released his report April 4. The report concluded that Trooper Thomas Bureau II reasonably believed that a handgun was pointed at him, and that, “all the facts and circumstances point to the conclusion that Trooper Bureau acted in defense of self and others when he shot Mr. [Eric] Fitzpatrick.”

According to the summary, the confrontation involved Troopers Bureau and Luke Martin and began shortly after 9 p.m., Nov. 26, 2019.

Augusta Regional Communications Center received a call from a Thorndike woman concerned about a neighbor, Eric Fitzpatrick, 33. yelling outside of her home.

Troopers Bureau and Martin responded, finding both residences quiet upon arrival, according to the report.

After speaking with the original complainant by telephone around 9:15 p.m., Bureau was able to reach Fitzpatrick’s ex-wife, who advised that she had spoken to her ex-husband. She reportedly told Bureau and Martin that he had consumed alcohol but didn’t seem belligerent, and that she would be at the residence in roughly 45 minutes and would be able to calm him down. 

At around 10 p.m., dispatchers with the Waldo County Regional Communications Center relayed that Fitzpatrick had called in and reported that he had guns and TASERs at his residence. Trooper Bureau traveled to the location of Fitzpatrick’s ex-wife, who said that her ex-husband did have TASERs, but that he had no firearms in the home, according to the report. 

At 10:30 p.m., Augusta RCC informed Troopers Bureau and Martin that a call from Fitzpatrick was transferred from Waldo RCC. During the call, Fitzpatrick reportedly said that he was intoxicated and requested that officers respond to his home. He then disconnected the call without explaining the reason for his request for law enforcement. 

Fitzpatrick’s ex-wife called 911 at 10:40 p.m. to say that she was home and that Fitzpatrick was, “freaking out on her and trying to tase her at this time,” according to the report. Troopers Bureau and Martin began traveling toward the residence and were informed at 10:43 p.m. that Fitzpatrick’s ex-wife was inside her vehicle in the driveway and that he was trying to break one of the vehicle’s windows. 

The uniformed officers arrived with lights and sirens activated and could see light and hear yelling from inside the home.

Fitzpatrick’s ex-wife advised officers that he was inside the residence. When asked again, Fitzpatrick’s ex-wife confirmed that there were no guns in the home, just a “prong TASER that shoots a prong and a flashlight TASER.” She also stated that Fitzpatrick had attempted to tase her and she had punched him to protect herself.

According to the report, Troopers Martin and Bureau positioned themselves at opposite corners of the house and started calling out to Fitzpatrick. Trooper Bureau’s TASER was at the ready and [Bureau] repeatedly announced their presence and ordered Fitzpatrick to exit the residence, the report said.

Instead, Fitzpatrick turned off the lights of the residence, allowing the officers to see a flashing light within the house, “indicative of a TASER,” the report notes in part. 

Fitzpatrick eventually announced he was coming out of the home while still carrying and pointing what was believed to be a TASER. When he emerged, Trooper Bureau reportedly, “observed what he be perceived to be a TASER in Mr. Fitzpatrick’s right hand and what he believed to be a pistol in his left.” 

Trooper Martin reportedly took cover, while Fitzpatrick verbally threatened the officers.

His ex-wife emerged from her vehicle at this point in the confrontation, calling out several times that “it’s a BB gun.”

According to the report, Fitzpatrick then loudly asserted that “it’s not a BB gun,” and that he had live ammo, before challenging the officers to “go ahead,” among other threats. 

Trooper Bureau drew his service weapon and called out to Fitzpatrick to get his attention away from Trooper Martin.

This caused Fitzpatrick to turn his attention to Bureau, who was advancing towards Fitzpatrick. Fitzpatrick’s arms were reportedly extended straight out with the TASER in one hand and a pistol in the other, both aimed at Bureau, the report said.

Trooper Bureau then fired two rounds from his handgun at close proximity. Bureau reported that he could not tell the colors of the firearms. Fitzpatrick, who was struck by the gunfire, stumbled into the kitchen and fell to the floor. Fitzpatrick was handcuffed while officers rendered aid.

Upon removing Fitzpatrick’s jacket, Bureau and Martin found that he was wearing a ballistic vest without an actual ballistic shield or panel, a gun belt with a Glock pellet pistol in the holster, and a pouch containing handcuffs. 

When a search warrant was later executed on the residence, police recovered a black nylon gun belt, the Glock pellet pistol, a TASER with a cartridge, a pepper spray fun, and a ballistic vest carrier, all located in the kitchen, according to the report. 

Fitzpatrick suffered a gun wound to the abdomen that caused significant injury, but survived. 

Fitzpatrick was later indicted for criminal threatening with a dangerous weapon, and in a plea agreement made June 15, 2021, he was convicted of the criminal threatening charge and sentenced to three years in prison, with all suspended. He was also sentenced to two years of probation, during which time he is required to submit to psychological counseling and treatment, and abide by other conditions. One of those conditions is Fitzpatrick is prohibited from contacting his ex-wife. 

The same day, Fitzpatrick was convicted of a domestic violence terrorizing incident that occurred in April 2021. For that crime he was also sentenced to three years in prison with all suspended and two years of probation. The sentence will be served concurrently with the criminal threatening sentence, according to the report.

This is a summary of the report from Attorney General Frey, which is available to read in its entirety. 

Erica Thoms can be reached at news@penbaypilot.com