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Philip Henault, 64, died on Sept. 9 after he called police to his Richmond Road home to report a fake violent assault, the prosecutor said. But when the trooper arrived, Henault was waiting on him with two butcher knives and demanded the officer kill him.
"The trooper had the right to use this force that was reasonably necessary to overcome the resistance of this person who was in the process of offending him and where he had a duty to arrest," said Berkshire District Attorney Timothy J. Shugrue at a press conference. "Mr. Henault was actively using deadly force against law enforcement."
Shugrue said he listened to the 911 call and watched the office's body-worn camera before making his decision. Henault posed an active and deadly force, and the trooper acted according to state police policy, the DA said.
The trooper went to the home just after 7 p.m. and opened a garage door after he saw someone slam it shut as he arrived. That's when Henault ran toward the officer with the knives.
“I am gonna kill somebody, shoot me, I’ve been trying to kill myself," he screamed at the trooper multiple times, according to the body-cam video. Henault continued to press the officer, who was forced to back up.
"I'll f*cking kill you," Henault screamed, ignoring repeated demands from the trooper to drop the weapons. The officer shot Henault once as he continued to advance, the prosecutor said.
Henault fell and got back up, the video shows. The officer fired a second shot after Henault chased him into the street.
Henault rose for a second time but collapsed moments later. He had driven the officer back 200 feet before he was stopped, investigators said.
The trooper gave Henault first aid, and paramedics also tried to save the man's life. Their efforts were not successful, and a doctor ruled him dead a short time later, officials said.
Shugrue said after considering the evidence, it was clear that the trooper's decision to fire was a "reason exercise of self-defense."
In these circumstances, my role as District Attorney is to find and consider the facts – as established by objective and reliable evidence – and apply the relevant law. Accordingly, this report finds that the decision by the Trooper to fire his weapon at Mr. Henault under the foregoing circumstances constitute the lawful and reasonable exercise of self-defense and defense of others. Therefore, criminal charges are not warranted, and this investigation is closed pending official autopsy.
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