A Northwood police officer was justified in the fatal shooting of 34-year-old Malcolm Burns last year, an investigation by the New Hampshire Attorney General's office found. 

The incident occurred on October 1, 2024, when Officer Nicholas Kane responded to a 911 call placed at 5:18 a.m. by a tenant renting part of a three-story colonial home on 534 First New Hampshire Turnpike. 

The call reported a domestic disturbance involving Burns, who was in a violent altercation with his father and domestic partner.

He was living in his parents' home, occupying an attic bedroom on the third floor, despite being prohibited by the court from being at the home.

Kane arrived six minutes after the call and found Burns physically attacking his mother, according to the Attorney General’s report on the shooting.

The officer told investigators he tried to de-escalate the situation but was unable to get Burns to follow his orders. When he attempted to deploy his TASER, it was knocked out of his hands.

Kane said he “initially believed he would be able to use non-deadly force to gain Mr. Burns’ compliance, his assessment changed following Mr. Burns’ choice to proactively attack,” according to the report

Burns then choked Kane to the point where he nearly lost consciousness, the officer said, causing him to experience “tunnel vision.” 

Kane said he was in fear for his life and concerned that Burns might gain access to his firearm and harm others, so he shot Burns in the abdomen.

After being shot, Burns said, “You shot me, you shot me, the fight is over.”

The Attorney General Officer concluded that Kane's use of deadly force was “legally justified when Officer Kane was being choked towards unconsciousness by Mr. Burns who refused to let go and was simultaneously punching Officer Kane in the head.” 

It was noted that Burns’ father also suffered a fractured nose.

Burns’ mother allowed him back home after he was released from jail hoping he would receive help for his mental health issues. 

While she initially believed he was improving, she later discovered that he had not been taking his prescribed medication, and his behavior was becoming increasingly erratic.

An analysis by the Monitor shows that nearly two-thirds of individuals killed by police in New Hampshire over the past decade had a history of mental illness.

 

Sruthi Gopalakrishnan can be reached at sgopalakrishnan@cmonitor.com