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Family Attorney

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May not be reprinted or used online without permission. Send requests to Carly Geraci A state trooper who shot and killed a 26-year-old man in Canaan shortly before Christmas will not be charged. Trooper Christopher O’Toole was legally justified when he shot Jesse Champney on Dec. 23 in a field along Route 4 in Canaan, New Hampshire Attorney General Gordon MacDonald said at a news conference Wednesday in North Haverhill. Based in part on interviews with the three people at the scene and what little was captured by audio and video recordings, the investigation concluded that O’Toole “reasonably believed that the use of deadly force was warranted to defend himself against the imminent threat of deadly force from Champney,” according to the attorney general’s 34-page report. Key to those findings were what O’Toole said were Champney’s repeated threats while being chased on foot to shoot the pursuing trooper, Champney’s refusal to obey O’Toole’s commands and Champney’s decision at one point to turn in O’Toole’s direction. Although cruiser video captured some of what occurred prior to the foot chase and shooting, and there are several audio recordings of communications between O’Toole and others, there was no direct audio or video evidence of O’Toole’s interaction with Champney in the field. Canaan police officer Samuel Provenza also was on scene at the time of the incident, but couldn’t see the shooting. Neither could Saeti Tobin, Champney’s fiancee, who was a passenger in a stolen vehicle driven by Champney and followed by O’Toole and Provenza. The incident began with a vehicle pursuit from the Evans Expressmart on Route 4, after O’Toole spotted a vehicle that had been reported to police as stolen. O’Toole had been informed by Provenza about the report of a stolen car and the probability that Champney was driving it. After O’Toole saw the stolen car at Evans, he notified Provenza, who drove to the convenience store.

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