DA Timothy Shugrue spoke to reporters in Pittsfield Friday about the killing of 64-year-old Phillip Henault.
“The final autopsy report from Mr. Henault from the medical examiner has not been issued," he said. "I contemplated in holding off on this press conference until the report was issued, which on average takes about three more months. As this incident involved an officer and the final autopsy results will have no effect on the outcome of this investigation, I determined that it was more important to share my investigation and its findings in a timely manner over waiting for the final autopsy report.”
He said that Trooper William Munch’s decision to gun down Henault at his home was justified.
“On Saturday, September 9th, 2023, at approximately 6:53 a.m., a trooper from the state police barracks was dispatched to 145 Richmond Road in Hancock resulting from an emergency 911 call made from within the residence," said Shugrue. "The reporting party stated that there was a domestic assault between two brothers. The reporting party, a male, alleged that he was locked in a room to get away from the other brother who was armed with knives and winning outside of a locked room.”
Shugrue says Henault had made the call and deliberately misrepresented the situation.
“During the 911 call, the caller alleged there was an individual inside the house armed with knives," said the DA. "This created confusion for both law enforcement and for the individuals who listened to the 911 dispatch call without the full context of the incident. Ultimately, it was determined that Phillip Henault himself placed the 911 call. He was the individual carrying the weapons. He was not locked in a bathroom or being threatened. The investigation has determined that Phillip Henault cut his own wrists prior to making the call.”
When Munch responded to the home that morning, body camera footage shows him finding Henault standing in his own garage in a bloodstained shirt holding knives in both hands. The following is the audio from Munch’s confrontation with Henault leading up to the shooting as the two men move from the garage to the front lawn and eventually into the street:
HENAULT: I’m right here sir.
MUNCH: Put them down.
HENAULT: No. Come in here.
MUNCH: Put them down.
HENAULT: No.
MUNCH: Put them down
HENAULT: I’m not putting them down.
MUNCH: Do not-
HENAULT: I’m telling you-
MUNCH: Do not approach.
HENAULT: I don't care.
MUNCH: Stay- What's, tell me what's going on.
HENAULT: Nothing.
MUNCH: Tell me what’s going on.
HENAULT: I’m going to kill somebody.
MUNCH: Stop.
HENAULT: No.
MUNCH: Stop.
HENAULT: You’ll just have to shoot.
MUNCH: Stop. No!
HENAULT: Shoot me.
MUNCH: Stop.
HENAULT: Shoot me, I’ve been trying to kill myself all night.
MUNCH: Stop! No, no. Stop.
HENAULT: I’ll fucking kill you man.
MUNCH: Stop!
HENAULT: No.
MUNCH: You stop!
HENAULT: No.
At this point, Munch shoots Henault for the first time. As the trooper continues to plead with Henault to stop, he continues to advance, wailing in pain and reiterating calls for Munch to kill him. After a second shot from Munch, Henault lies dead in the street.
“Mr. Henault was actively using deadly force against law enforcement," Shugrue said. "There were no other objectively reasonable means that the trooper could have employed at the time in order to effectively protect himself and anyone that was in the home or the public. By virtue of his duties as a police officer, the trooper did not have the option or obligation to run away from Mr. Henault. Mr. Henault posed an active threat to the trooper and to the public. The trooper had a duty to arrest Mr. Henault, who was engaged in various felonies, was armed, and was an active threat. The acts of the trooper comport with the policies of the Massachusetts State Police and the laws of the Commonwealth of Massachusetts. In these circumstances, my role as a district attorney is to find and consider the facts as established by objective, reliable evidence and apply the relevant law. Accordingly, this report finds that the decision by the trooper to fire his weapon on Mr. Henault under these foregoing circumstances constitutes a 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.”
Shugrue refused to take any questions from reporters following the presentation.
