NH AG: Merrimack Officers Justified in Using Deadly Force

The New Hampshire Attorney General’s Office has released its report into the officer involved shooting of Harrison Lambert, 23, of Joppa Road in Merrimack on Sept. 3, 2015.

The 18-page report found that Lt. Matthew Tartleton and Master Patrolman William Gudzinowicz were both legally justified in using deadly force against Lambert.

Police were called to Joppa Road at around 12:30 p.m. on the day in question and for a domestic disturbance for an adult male threatening his father with a knife. After their arrival, the two officers encountered Lambert outside with a knife. That led to at least to two officers firing their weapon and shooting Lambert. Lambert later passed away due to the shooting.

According to the report, Harrison suffered from mental illness and according to his parents, his mental health had further deteriorated in the days leading up to this incident. This deterioration led to Harrison threatening his father to the point Mr. Lambert decided to call 911 for help, according to the report. After that call was placed, Mr. Lambert told his son that he had called the police. Harrison responded by saying, “I’m going to show them, I am not going down easy.”

The three Merrimack officers that responded to the scene all told investigators that upon learning that Harrison was involved in the incident, they immediately recalled past interactions they each had with Harrison, according to the investigation. Those past interactions included foot pursuits, erratic behavior, resisting arrest, assaulting an officer, and a past incident involving a knife. Because of this, they were on “high alert.”

Merrimack Police Officers Richard McKenzie, Tartleton and Gudzinowicz responded to the scene. They arrived in two vehicles, one behind the other. The second vehicle contained Lt. Tartleton and Officer Gudzinowicz, who immediately encountered Harrison wielding a knife at the end of driveway, according to a press statement. Officers described Harrison as approximately 45-60 feet from the nearest officer. Upon observing the knife, all three officers drew their duty weapons. The officers issued verbal commands for Harrison to drop the knife.

Harrison disregarded the commands and then charged toward the officers with his knife in his hand, blade facing forward. Officers continued to issue commands for Harrison to stop and to drop the knife. Harrison got within 12-15 feet of Lt. Tartleton and Officer Gudzinowicz when those two officers fired their weapons.

The third officer, Officer McKenzie, told investigators he did not fire his duty weapon because he felt it was not safe due to the close proximity to homes and the possibility of striking a fellow officer or vehicular traffic. In total, eight shots were fired: five from Officer Gudzinowicz and three from Lt. Tartleton.

Harrison was struck by five bullets, two to his left shoulder, one to the right side of his neck, one to his abdomen, and one to his right leg. He died from his injuries. Both Officer Gudzinowicz and Lt. Tartleton stated the incident escalated quickly. Approximately thirty seconds passed from the time they arrived at the scene to the moment they fired their weapons. Both men stated they feared for their lives and the lives of their fellow officers when they fired.

Captions: The scene at Joppa Road in Merrimack on Sept. 3, 2015, after an officer involved shooting. Credit: Jeffrey Hastings/Frame of Mind Photography FrameofMindPhoto.com.