EagleTribune.com, North Andover, MA

New Hampshire

November 28, 2012

3 police officers say they shot suspect; questions remain

Questions remain about the shooting

(Continued)

Mirisola, the only one of the officers involved in the shooting to testify yesterday, diagrammed the incident on a white board.

Mello’s questioning of Mirisola revealed the defense is skeptical about the officers’ account of the shooting.

“Mr. Hebert’s injuries are not on the front of his body,” Mello said.

After the hearing, Mello said the injuries do not necessarily match up with Mirisola’s testimony and it will cause the defense to closely examine the evidence.

He asked Mirisola about Hebert’s injuries.

“I asked him where his wounds were and he said, ‘Everywhere,’’’ Mirisola testified.

The officers saw what appeared to be wounds to the lower back and left shoulder, he said.

Mello challenged the prosecution’s assertion that Hebert “knowingly” drove at officers. Mirisola acknowledged he didn’t know whether the car windows were open so Hebert could hear their shouts.

But Windham police prosecutor Heather Newell pointed out it would be hard for Hebert to have failed to notice the flashing lights on the police cruisers.

Stephen said the prosecution may have some work to prove the “knowingly” aspect of the charge, but the degree of recklessness seemed more probable than not and the case should move to Superior Court.

The Attorney General’s Office is reviewing the shooting. Last week, Associate Attorney General Jane Young said the review could take another two weeks to complete.

Windham police Capt. Mike Caron said the police department has completed its own review of the actions of Mirisola and Van Hirtum. The department’s review concluded they properly followed policies and both have returned to active duty.

Last week, Pelham Chief Joseph Roark said Stahl was on active duty.

Hebert has been out on bail; his mother last week said he was home recovering from his wounds. He is a student at the University of Massachusetts in Lowell.

Newell dropped misdemeanor criminal mischief charges, though Rockingham County prosecutors could revisit those through the grand jury process.

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