HANCOCK, Mass. - Berkshire County District Attorney Timothy Shugrue closed the investigation into the fatal shooting of Philip Henault, 64, by a Massachusetts State Trooper. He said under the circumstances, the trooper’s actions were lawful and reasonable.
The investigation shows at about 7 a.m. on Saturday, Sept. 9, a state trooper, named as Trooper William Munch of the Lee Barracks, responded to a 911 call reporting an ongoing domestic assault between two brothers at a home on Richmond Road in Hancock.
Body camera footage shows when the responding trooper arrived, Philip Henault, who authorities say made the 911 call, was standing in the garage with two large knives. The video shows Henault coming towards the trooper who backs out of the garage and moves toward the road. After multiple verbal attempts to get Henault to stop pursuing him, the trooper fired one shot at Henault who kept advancing with the knives. He then fired a second shot. Philip Henault fell to the road where he ultimately died
“In these circumstances, my role as a district attorney is defined to consider the facts as established by objective, reliable evidence and apply the relevant law," Shugrue said. "Accordingly, this report finds that the decision by the trooper to fire his weapon at Mr. Henault under these foregoing circumstances constitutes the lawful and reasonable exercise of self-defense in defense of others. Therefore, criminal charges are not warranted, and this investigation is closed pending the official autopsy report.”
During the entire encounter, the responding trooper was alone without backup. Investigators believe this incident involved a fictitious 911 call to lure police to the residence and force a violent encounter.
Shugrue said the actions of the trooper comply with the policies of Massachusetts State Police and state law.