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December 6, 2012

Report: Officers were justified in shooting Pelham man

Officers fired at car 25 times

WINDHAM — Windham and Pelham police officers were justified when they shot at a Pelham man Oct. 28, according to a 10-page report issued late yesterday by Attorney General Michael Delaney.

Two Windham officers and a Pelham officer shot at Grant Hebert, 21, 25 times, based on spent cartridges found around Hebert’s car, which was shot on three sides, the report said.

Hebert faces felony charges from the incident that include attempted first-degree assault, reckless conduct placing another in danger, disobeying an officer, driving under the influence and aggravated driving while intoxicated.

Judge Robert Stephen of the 10th Circuit Court in Salem last week found probable cause for Hebert to stand trial on the charges.

The incident started in Pelham just after 1:30 a.m. Oct. 28 and ended in a field in Windham about five minutes later after a chase that reached speeds in excess of 90 mph. Police charge Hebert drove his Hyundai Tiburon at officers, putting them in fear for their lives and the pubic’s safety, according to the report.

Hebert had been drinking and smoking marijuana before he tried to outrun police, who initially tried to stop him for traveling 40 mph in a 30-mph zone, the report says. He had been charged with marijuana possession five months earlier and had a month of good behavior to complete on that charge before it would be dropped from his file, according to the report.

After he had been handcuffed at the scene, Hebert reportedly told Windham police Officer Shane Mirisola he had recently been arrested for marijuana possession and “didn’t want to get in trouble again.”

Pelham Officer Eugene Stahl, one of three officers who shot at Hebert, first tried to stop him on Timberlane Road in Pelham. But Hebert sped up and headed in Windham, the report said. At that point, Windham Officers Christopher Van Hirtum and Mirisola, the other two involved in the shooting, joined the pursuit.

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