Attorney General: Derry Officer Was Justified In Killing Man

Aug 26, 2015


Joe Foster
Credit Josh Rogers, NHPR

An attorney general's office says a Derry police officer was justified in shooting a man to death in January.

The wife of 54-year-old Andrew Toto told investigators he was disabled because of mental health issues and had been drinking heavily for days before she called 911 to report that he was armed and "looking for a suicide by cop."

As police pursued him, he drove into oncoming traffic and later pulled over and fired a shotgun at Officer Kevin Ruppel.

Ruppel fired back, striking Toto in the chest.

The attorney general's office says even though Toto may have had his arms up seconds before he fell, Ruppel was justified in using deadly force because Toto posed a threat of death or serious injury to Ruppel, nearby residents and drivers.