Derry Officer's Use of Force Deemed Justified in August Shooting

The New Hampshire Attorney General's Office has officially announced that Derry Police Officer Brandon LaFlamme was justified in his use of deadly force during a critical incident that occurred on August 19, 2023. The ruling concludes a thorough investigation into the events that led to the fatal shooting of 49-year-old Timothy Clahan in Derry.

The incident unfolded when Derry Police officers responded to a distressing report of a man firing a weapon outside a residence on Warner Hill Road.

Upon arrival, officers encountered Timothy Clahan, who was reportedly intoxicated and agitated, having already discharged a firearm multiple times. Efforts to de-escalate the volatile situation were initiated by the responding officers, who attempted to engage Clahan and persuade him to drop his weapon and surrender peacefully.

Despite these attempts, the situation rapidly escalated.

According to the Attorney General's report, Clahan disregarded officers' commands and, without warning, raised his handgun and fired in the direction of the officers. Faced with an immediate and credible threat to his life and the lives of his fellow officers, Officer LaFlamme discharged his department-issued firearm five times, striking Clahan multiple times.

Following the exchange of gunfire, Clahan succumbed to his injuries at the scene.

No other officers or civilians were injured during the incident. The subsequent investigation, spearheaded by the Attorney General's Office, involved meticulous examination of all available evidence, including witness statements, crime scene forensics, toxicology reports, and most critically, body camera footage from the responding officers.

The comprehensive review led investigators to conclude that Officer LaFlamme's actions were consistent with New Hampshire law, specifically RSA 627:5, which governs the use of deadly force by law enforcement officers.

This statute permits an officer to use deadly force when they reasonably believe such force is necessary to defend themselves or another person from what they reasonably believe to be the use or imminent use of deadly force by the other person.

The Attorney General's finding underscores that Officer LaFlamme acted in a justifiable manner, responding directly to an imminent threat posed by an armed individual who had already demonstrated a willingness to use lethal force.

This ruling reaffirms the challenging and often dangerous circumstances law enforcement officers face when protecting public safety.