LEWISTON – Even after Vince Berube fell to his knees with several bullets in his chest, he refused to drop the weapon clutched in his hand.

The Attorney General’s Office ruled Friday that three Lewiston police officers were justified when they fired at the 40-year-old Norway man two months ago in the police compound.

Berube survived the shooting and was charged with criminal threatening and criminal mischief. He was recently released from police custody.

The AG’s investigation found that all of the officers involved in the shooting had reason to believe Berube posed a deadly threat when he came into the police yard with a hammer.

Carly Conley, the 24-year-old officer who first encountered Berube as he attacked police cars with the hammer, fired the first shots, according to the AG’s report.

When the officer confronted Berube, he charged at her with the claw hammer raised above his head, investigators said. Conley radioed for backup and took steps to diffuse the situation before Berube lunged in her direction, according to the report.

“At that moment, Officer Conley believed Berube to be in a rage,” the report states. “Officer Conley retreated backwards toward the police building, all the while maintaining visual contact of Berube and yelling commands to Berube to ‘stop’ and ‘don’t move.'”

But Berube was moving in on her faster than Conley could backpedal, according to the report. The officer drew her weapon and aimed it at Berube.

“Berube showed no reaction to the display of the firearm or the verbal commands of Officer Conley,” the report states. “He continued to close the distance between them rapidly. When Berube was about 6 feet from Conley, the officer discharged her service weapon multiple times at Berube. Berube fell to his knees, then onto his side.”

At that time, officers Matt Vierling and Eric Syphers had come from the police station and into the compound. They had heard the gunshots and Conley’s shouted commands. However, they did not yet know who had fired a weapon.

Syphers and Vierling aimed their guns at Berube, who was trying to get up. Syphers ordered the suspect to “stay down” and “show me your hands,” according to the report.

When the officer spotted a metallic object in Berube’s right hand, Syphers ordered him to drop the weapon. Berube held onto the weapon and continued his struggle to get up, according to the report. Syphers fired several times.

When Berube began to twist his body toward the officers, Vierling also fired his gun. The report did not say how many times Berube was struck, although it was believed he received more than a half-dozen gunshot wounds.

Berube was also treated for numerous cuts and slashes that were later determined to be self-inflicted.

Imminent threat

The report issued by Attorney General Steven Rowe said the officers’ actions met both requirements for the use of deadly force. They believed that the suspect posed an imminent threat to one or more of the officers, and they believed that deadly force was necessary to counter that threat.

Expounding on the physical threat posed by Berube, the report also made note that Conley is 5 feet, 3 inches tall and weighs 120 pounds. Berube is 6 feet, 1 inch tall and weighed 210 pounds the night of the shooting.

Lewiston Police Chief William Welch, informed of the AG’s findings, said he was pleased with the ruling.

“Our internal investigation, with all of the facts we gathered, led us to the same conclusion,” Welch said.

Conley, Syphers and Vierling were placed on restricted duty following the shooting. However, after details of the investigation began to emerge, the officers were allowed to return to patrol.

“I think all three of them wish it never had to happen,” Welch said. “But now, they’re obviously relieved that the Attorney General’s Office found they acted appropriately.”

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