Officer, warden cleared in fatal shooting

AUGUSTA – A police officer and game warden involved in May’s fatal shooting of a Calais man in Indian Township were justified in using deadly force, state Attorney General Steven Rowe has determined.

Indian Township Police Officer Alexander Nicholas II and Game Warden Scott Francis shot and killed Douglas P. Kelley Jr., 40, on May 12 after he pointed his gun in their direction and refused to drop it.

The investigation also determined that no casings from Kelley’s weapon were located near his body even though witnesses reported that they thought Kelley had fired in the direction of the officers.

Kelley’s gun had one live round in the chamber and 10 live rounds in the magazine, according to the report. The hammer was in a cocked position. The full capacity of the gun was 13 rounds, the report says.

Although witnesses told the Bangor Daily News that a dog might have been killed in the incident, Rowe’s report does not indicate that.

Both men have returned to duty after the investigation, Indian Township Gov. Billy Nicholas said Thursday.

“This was an unfortunate incident,” he said. “There was no doubt in my mind they acted in a manner that was justified.”

The attorney general is required by law to review all instances in which a law enforcement officer uses deadly force while in the performance of his or her duties, according to David Loughran, spokesman for Rowe.

Officers were called to Hemlock Point Road in Indian Township about 5:40 p.m. May 12 by Kelley’s ex-girlfriend two days after Kelly had been arrested for drunken driving. She told police that he had pointed a gun at her and fired at least one shot into the woods behind her house.

When officers arrived, according to Rowe’s report, Kelley was sitting on a boulder behind the house. He appeared to be holding a handgun. Kelley pointed his gun in the direction of the officers and police ordered him several times to drop his weapons and show his hands.

‘”There’s nothing you can do,”‘ Kelley told the officers, Rowe report stated. ‘”You guys are going to have to kill me. Someone is going to die.”‘

Nicholas attempted to persuade Kelley to drop his weapon, but he again pointed his gun in the direction of the officers. After being given the order to fire, Nicholas fired three shots at Kelley while Francis fired one.

An autopsy performed by a state medical examiner found that Kelley died as a result of gunshot wounds, according to Rowe’s report. He was struck three times – once in the right rear side of his head by a bullet from Francis’ rifle and in the right abdomen and right calf by Nicholas’ handgun.

Kelley’s blood alcohol level at the time of his death was 0.34 percent, more than four times the legal driving limit of 0.08 percent, the medical examiner office concluded.

“Several neighboring residents observed in varying degrees the shooting and the events leading up it,” the report concludes. “They were interviewed as part of the investigation. Their accounts were consistent with the accounts given by the police officers involved. Also consistent with the several accounts of the event were the video from an Indian Township police cruiser camera, the results of a scene examination and analysis conducted by evidence technicians, and the post mortem examination.”

jharrison@bangordailynews.net

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