Press Release  DA Blodgett Concludes Salisbury Police Shooting Investigation

Salem, Massachusetts — Essex District Attorney Jonathan W. Blodgett completed his investigation of the May 14, 2014 fatal police shooting of Nicholas Foster and released his findings today (attached).

“Based upon a thorough investigation of the facts surrounding the shooting and the case law pertaining to the use of force to defend oneself or another, it is determined that the officers reasonably believed Foster posed an immediate threat of killing or seriously injuring them or others.  The officers therefore bear no criminal responsibility for shooting Foster,” District Attorney Jonathan Blodgett said.   “Foster was armed with a machete and a knife and was confrontational during the entire incident, and officers at the scene continued to retreat while attempting to diffuse the situation.” 

The investigation found that while Salisbury police officers Sargent Robert Roy and Officer Michael Alder were responding to a reported stabbing at 150 Cable Avenue, one marked cruiser was nearly hit and another was hit by a motor vehicle operated by Nicholas Foster.  After striking the cruiser, Foster exited his vehicle armed with a machete with a 35-inch blade and a knife with a 7-inch blade.   Additional units responded, including Salisbury Police Chief Thomas Fowler and Seabrook, N.H. Officer Justin Murphy.  The police officers all had their guns drawn.   Foster continued to advance toward them brandishing the machete and knife despite their orders to drop his weapons.  Officer Murphy was ordered to deploy his Taser which did not make full contact with Foster.  Foster immediately charged toward the police after the Taser was deployed at which point Chief Fowler and Officer Alder fired two shots each at Foster.

The District Attorney’s report is posted on his web site: www.mass.gov/essexda.

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