# NH Attorney General Rules Shooting Justified



## phuzz01 (May 1, 2002)

http://www.unionleader.com/article.aspx?headline=Text+of+AG+Ayotte%27s+preliminary+report&articleId=0c0a92fb-5e02-4617-9eb4-04babe4c1739

The attorney general's office made a preliminary ruling on Friday afternoon that the fatal shooting of Sasha Yuksel by Trooper David Hinkell was justifiable. The full text of Attorney General Kelly Ayotte's statement follows.

Released By: Attorney General Kelly A. Ayotte 
Subject: Officer-Involved Fatal Shooting in Marlborough Ruled To Be Justified 
Date: July 28, 2006 
Release Time: Immediate

New Hampshire Attorney General Kelly Ayotte announces that the Attorney General's Office has made a preliminary determination that the officer-involved fatal shooting in Marlborough on July 24, 2006, was a justified use of force by Trooper David Hinkell. 
On Monday morning, July 24, 2006, Trooper Hinkell was on routine patrol on Route 101 westbound in Marlborough when he received a report of a hit-and-run collision that had occurred in the town of Swanzey. Trooper Hinkell subsequently observed a vehicle traveling eastbound on Route 101 with front-end damage fitting the description of the hit-and-run vehicle. The trooper reversed direction and, using lights and siren, pulled over the vehicle, a silver 2005 Pontiac G6. Trooper Hinkell was unaware at the time that the vehicle's driver, Sasha A. Yuksel (DOB 12/18/70), was wanted for having severely assaulted his parents in Hollis earlier that morning. 
After repeated commands by the trooper to exit his vehicle, Yuksel eventually complied. The trooper at that time observed redness on Yuksel's knuckles which he later realized was dried blood. Trooper Hinkell commanded Yuksel to place his hands on the trunk of the Pontiac. Yuksel refused, swore at Hinkell, and advanced on him. When Hinkell moved away, he glanced backwards to see if there was any oncoming traffic. At that point, without warning, Yuksel punched him in the face. Yuksel then struck Hinkell with a second punch. Hinkell responded by trying to tackle Yuksel to the ground. Yuksel continued to strike Hinkell with punches and began placing his hands on Hinkell's neck. Hinkell also felt Yuksel twist his gun holster during the encounter. The trooper was also concerned about losing consciousness as a result of the repeated blows to his head. Trooper Hinkell unholstered his taser, backed away from Yuksel, and attempted to fire the taser at him. The taser did not activate, however, and Yuksel continued to advance on Hinkell. A second attempt to activate the taser was also unsuccessful.
Trooper Hinkell next reached for his O.C. spray. He warned Yuksel he would spray him and then did so. Some of the spray, however, traveled back at the trooper and burned his eyes. Yuksel then walked away from Hinkell. The trooper pursued Yuksel and ordered him to stop and place his hands on the back of the Pontiac. Yuksel did not comply, and Hinkell again sprayed him with O.C. Yuksel responded by advancing on Hinkell once again. Hinkell tried using the taser for a third time, and again it did not work. The O.C. spray was eventually knocked to the ground. Hinkell then tried to tackle Yuksel but could not bring him to the ground. Yuksel again proceeded to punch Hinkell in the head and face, and Hinkell once more felt Yuksel move his gun holster.
As Hinkell continued to hold his taser, Yuksel grabbed it and began twisting. Hinkell feared this action would break his fingers and potentially fire the taser, so he disengaged from the taser, and it fell to the ground. At that point, while trying to push Yuksel back, Hinkell drew his firearm. He told Yuksel to get back or he would shoot him. Yuksel did not retreat, and Hinkell repeated that he would shoot him. Yuksel grinned at Hinkell and continued advancing on the trooper. Hinkell fired one shot. Yuksel went to the ground following the shot but continued to struggle with Hinkell as the trooper tried to handcuff him. Once handcuffed, Yuksel received medical care and was transported to Cheshire Medical Center where he later died. 
Under RSA 627:5, II (a), a law enforcement officer is justified in using deadly force only when he reasonably believes such force is necessary to defend himself or a third person from what he reasonably believes is the imminent use of deadly force. "Deadly force" means any assault which the person commits with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily injury. RSA 627:9. A law enforcement officer is also justified in using deadly force when he reasonably believes such force is necessary to effect an arrest of a person whom he reasonably believes has committed or is committing a felony involving the use of force or violence...or otherwise indicates that he is likely to seriously endanger human life or inflict serious bodily injury unless apprehended without delay, and the officer has made reasonable efforts to advise the person that he is a law enforcement officer attempting to effect an arrest and has reasonable grounds to believe that the person is aware of these facts. RSA 627:5, II (b). 
The State Police Major Crime Unit has interviewed numerous witnesses to this event, and Trooper Hinkell has provided a detailed statement to investigators. Following a review of these interviews as well as the multiple calls to 911and evidence seized at the scene, the Attorney General's Office has concluded that Trooper Hinkell was justified in using deadly force against Yuksel. The trooper's use of verbal and physical persuasion and his utilization of a taser and O.C. spray all had failed to subdue Yuksel. Yuksel had punched Hinkell repeatedly, causing a broken nose, and had attempted to gain control of Hinkell's weapons, including his taser and firearm. Yuksel had demonstrated no inclination to discontinue his assault, despite being sprayed by O.C. and the trooper having warned him he would shoot. Yuksel stood 6' 5" and weighed 235 lbs. If Yuksel had succeeded in overpowering the trooper, pushing him into traffic, or knocking him unconscious, Hinkell clearly would have been subjected to further serious injury or death.
A comprehensive written report concerning the investigation of this incident will be issued in the future. Please direct inquiries to either Senior Assistant Attorney General Simon R. Brown or Assistant Attorney General Elizabeth A. Dunn at (603) 271-3671.


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