Vermont Business Magazine Attorney General William H Sorrell announced today that his Office has concluded, as a matter of law, that Franklin County Deputy Sheriff Nicholas Palmier was legally justified in his use of deadly force when he fatally shot Jesse Beshaw, who was unarmed, on September 16, 2016, in Winooski. The legal standard for the use of deadly force is whether the officer reasonably believed that he or a third party was in imminent danger of death or serious bodily injury, and that deadly force was necessary to respond to that threat.
The Vermont State Police Major Crimes Unit conducted an investigation into the shooting. The investigation was provided to the Attorney General’s Office on September 30, 2016. At approximately 4 pm on September 16, 2016, Winooski Police Officer Dean Fullerton was parked on Hickok Street in Winooski when he saw Jesse Beshaw, whom he knew from prior encounters, driving a vehicle. Fullerton believed and then confirmed that Beshaw was wanted on an arrest warrant for a burglary that occurred on September 2, 2016, in Winooski. Officer Fullerton followed Beshaw to Union Street, where Beshaw parked and entered an apartment. Officer Fullerton called out for Beshaw to stop, but he did not. Officer Fullerton was soon joined by Winooski Police Officers Brenda Davis and James Charkalis. As these officers watched the apartment and awaited additional backup, Deputy Palmier drove by in his marked Franklin County Sheriff’s vehicle. He saw Officer Davis and asked, “y’all good ma’am?” to which Officer Davis responded, “no.” Deputy Palmier then parked, exited his vehicle, and activated his Axon Body Camera. He was in full uniform at the time.
Deputy Palmier joined Officer Davis in front of the apartment, and she explained they were looking for Beshaw and he was wanted on an arrest warrant. She also informed him that “[Beshaw]’s always been armed with a gun” and was in the apartment. Deputy Palmier also spoke with Officer Charkalis who said Beshaw had recently been observed with a firearm during a burglary. When asked by Deputy Palmier if Beshaw was armed, Officer Charkalis responded, “[h]e’s definitely carrying ….”
As the officers were standing outside of the residence, a white male, wearing a white tank top and red shorts, emerged from the apartment and began running down Union Street towards Mallets Bay Avenue. Deputy Palmier was talking to Officer Charkalis at the time and heard Officer Davis yell a description of the clothes the male was wearing. Deputy Palmier pursued the male on foot while Winooski Officers Fullerton, Davis and Charkalis pursued in their police vehicles. The male was subsequently identified as Beshaw.
Deputy Palmier chased Beshaw behind the O’Brien Community Center located on Mallets Bay Avenue. As Deputy Palmier reached the rear corner of the building, Beshaw was nearing a fence at the southwest end. Once on the other side of the fence, Beshaw stopped running and turned towards Deputy Palmier. Beshaw yelled that he would “…pull a gun out.” In response, Deputy Palmier drew his service weapon and twice yelled to Beshaw that he would shoot him.
As Deputy Palmier continued to approach the fence, Beshaw stood with his right hand hidden behind his back and his body angled so that his hand was concealed. Deputy Palmier again yelled, “I will shoot you,” and ordered Beshaw to show his hands. Beshaw did not comply, came around the fence and began walking towards Deputy Palmier with his hand still concealed. As Beshaw rapidly approached Deputy Palmier, he yelled, “What’s up? Do it. Do it.” Deputy Palmier backed up and twice ordered Beshaw to “step back.” Beshaw again did not obey these commands and continued to advance on the officer with his hand hidden.
When Beshaw had closed to within ten feet, Deputy Palmier fired his service weapon striking Beshaw fatally. Deputy Palmier fired eight rounds striking Beshaw seven times. Beshaw was found to be unarmed.
Under the facts as revealed by the investigation, the Attorney General’s Office has concluded that Franklin County Deputy Sheriff Nicholas Palmier was reasonable in his belief that he was in imminent danger of death or serious bodily injury when he fired at Jesse Beshaw. Based upon information provided by law enforcement officers, Deputy Palmier had reason to believe that Beshaw was armed. Beshaw indicated that he had a gun, and advanced on Deputy Palmier with his right hand hidden behind his back. Beshaw refused to comply with the officer’s repeated orders to show his hands and to step back. Under those circumstances, Deputy Palmier’s decision to use deadly force was reasonable and justified.
Source: Vermont AG, Oct 6, 2016