Findings of the Attorney General in the

Matter of the Shooting Death of James F.

Popkowski on July 8, 2010 at the Togus VA
Hospital
December 21, 2010

Findings of the Attorney General in the Matter of the Shooting Death of James F. Popkowski on July 8, 2010, at the
Togus VA Hospital

Facts

On the morning of July 8, 2010, James F. Popkowski, 37, of Medway, was shot and killed by law enforcement
officers during an armed confrontation on the grounds of the Togus hospital facility of the U.S. Department of
Veterans Affairs off Route 17 in Augusta.

Mr. Popkowski lived by himself in the Medway area, where he had been raised by an aunt and uncle and graduated
from high school in 1990. Upon graduation, Mr. Popkowski enlisted in the U.S. Marine Corps. During his military
career, he attained commissioned officer status. In 2003, Mr. Popkowski was diagnosed with a rare and aggressive
form of cancer. A stem cell replacement resulted in serious long term side effects, and Mr. Popkowski medically
retired from the Marine Corps. As a retiree, he qualified for certain medical benefits from the Department of
Veterans Affairs, including outpatient care at the VA hospital at Togus, Maine. Mr. Popkowski routinely visited a
VA outpatient clinic in Lincoln, Maine, which was closer to his home than the Togus facility in Augusta.

By 2009, Mr. Popkowski was expressing significant dismay with the quality of the medical treatment he was
receiving from the VA hospital. He told others that he was not receiving his medications in a timely manner from
Togus. He also expressed his feelings that the VA hospital at Togus was not responsive to his medical condition. He
became especially focused in this regard on what he perceived as the failings of the VA director in assuring that he
received adequate treatment and that his medications were delivered to him in a timely fashion.

On December 11, 2009, an employee at the Lincoln VA outpatient clinic contacted the Togus Police Department
and reported that Mr. Popkowski had called her that day and threatened to load guns into his truck, drive to the
Togus VA hospital, and “blow it up,” unless he was allowed to speak with a particular physician’s assistant. The
employee told the Togus Police that Mr. Popkowski was angry because he did not think that he was receiving his
medications in a timely manner. The employee told Mr. Popkowski that prescriptions for his medications had been
sent to the pharmacy at the Togus facility and that he would receive the medications soon. The employee offered to
assist Mr. Popkowski in determining the status of the prescriptions, but Mr. Popkowski insisted on being able to
speak with the particular physician’s assistant. The Togus Police contacted the physician’s assistant who, in turn,
attempted to telephone Mr. Popkowski, but was unable to reach him. The Togus Police also attempted to contact Mr.
Popkowski by telephone, but was likewise unsuccessful. The Togus Police then contacted a Penobscot County
deputy sheriff and requested that the deputy check on the welfare of Mr. Popkowski at his home in Medway. In the
meantime, the Togus Police was able to determine that Mr. Popkowski’s medications had been delivered to his
home the afternoon of December 11, 2009, a few hours after Mr. Popkowski’s call to the Lincoln clinic. Three days
later, the Togus Police received a message from the Penobscot County deputy sheriff that the deputy had indeed
visited with Mr. Popkowski as a result of the December 11th request and, in the deputy’s opinion, Mr. Popkowski
did not constitute a probable threat. As a result of this incident and because the Lincoln outpatient clinic does not
have a police presence, Mr. Popkowski was notified by the Togus VA that he could no longer receive services at the
Lincoln VA outpatient clinic, that he would be restricted to the VA hospital at Togus for any necessary medical
services to which he was entitled.

On July 5, 2010, a few days before his death, Mr. Popkowski sent a series of messages through a social networking
site to his biological mother in Massachusetts. On July 5 at 4:51 p.m., Mr. Popkowski wrote:

Mother…seeing the VA has not filled critical prescriptions in over three month…no surprise of my weight loss…if
the cancer returns, whether it is the VA’s fault, or not…the children of the Director of VA Togus, Maine will grow
up fatherless…just as my daughter will due to this man’s utter incompetence…I know where he lives…I know his
schedule…I know what he drives…I have pics of his entire family…he is a dead man walking!

Three minutes later (4:54 p.m.), Mr. Popkowski added:

…in fact, I have his name printed on some specially modified rounds.

Mr. Popkowski continued four minutes later (4:58 p.m.):

…I hope [the] Director . . . is a man of faith…I hope he prays my cancer does not return and I snap…if I do
snap…he will be my first priority…if my health, my life, were the least bit of his concern…he would ensure my
meds were not three-plus months late….DEAD MAN WALKING!”

And, finally, two minutes later (5:00 p.m.), Mr. Popkowski wrote:

…INCOMPETENT PEOPLE SHOULD NOT BE IN POSITIONS THAT ALLOW THEM TO IMPACT THE
LIVE’S OF OTHERS!

During the afternoon of July 7, 2010, a neighbor was doing work at Mr. Popkowski’s house in Medway. Mr.
Popkowski was in his garage cleaning a gun. Mr. Popkowski told the neighbor that doctors were trying to kill him
by terminating his stem cell treatments. The friend also said that later that night, sometime between 10 p.m. and
midnight, he heard gunshots coming from Mr. Popkowski’s property. The neighbor went to Mr. Popkowski’s house
the next morning, July 8, only to discover that Mr. Popkowski was not at home. The neighbor observed several spent
shotgun casings on the ground at the residence.

During the early evening of July 7, another neighbor and his family were traveling past Mr. Popkowski’s home and
saw Mr. Popkowski’s dogs in the road. At the same time, the neighbor’s children pointed out a crudely-constructed
sign outside Mr. Popkowski’s house. The sign, containing large block letters in yellow paint on dark-colored opaque
plastic garbage bags strung together on a wooden frame, read:

MUCH LIKE ME, VA DIRECTOR = DEAD MAN WALKING.

In smaller lettering on the same sign:

SELF DEFENSE: HE IS NOT SENDING CRITICAL POST STEM TRANSPLANT MEDS. HE IS SLOWLY
KILLING ME. WHAT IF I KILL HIM IN DEFENSE?!?!?!?!

The neighbor, who later reported that he spoke with Mr. Popkowski that evening, said that Mr. Popkowski was
“talking crazy” while in the process of “patterning”(1) a 12-gauge shotgun outside his home. He said that Mr.
Popkowski was talking about shooting over hoods of cars, although there was no mention at that time of Mr.
Popkowski going to the Togus VA hospital in Augusta. Mr. Popkowski told the neighbor that he was slowly dying
because the VA was not giving him his medications and the doctors were not listening to him. The neighbor said
that Mr. Popkowski was focused on a particular person at the VA who the neighbor believed to be a doctor and who
Mr. Popkowski referenced on the sign (2). During their conversation, the neighbor said that Mr. Popkowski was
shooting the shotgun at targets held up by rocks at “point blank range,” and that the shotgun pellets were ricocheting
and coming close to striking him and Mr. Popkowski. He said Mr. Popkowski appeared oblivious to the danger. The
neighbor became increasingly concerned over Mr. Popkowski’s careless handling of the shotgun. Mr. Popkowski
went on to tell the neighbor that if he went to the Togus hospital and killed “the doctor,” it would be a matter of self-
defense. Mr. Popkowski told the neighbor that even if he went to jail as a result, he would at least get his
medications on time, along with three square meals a day, a shower, and a roof over his head. The neighbor did not
take seriously these statements by Mr. Popkowski. He said Mr. Popkowski was known to possess a large quantity of
firearms. During the conversation, the neighbor said that Mr. Popkowski donned a shoulder holster containing a
pistol, which he said was a common occurrence in that Mr. Popkowski “always carried a pistol in a shoulder
holster.”

The Penobscot County deputy sheriff who had checked on Mr. Popkowski after the incident at the Lincoln VA
outpatient clinic on December 11, 2009, later told investigators that he knew Mr. Popkowski and would occasionally
check on his welfare. Such was the case the morning of July 8, 2010, shortly after 10 a.m., when the deputy went to
Mr. Popkowski’s residence and observed a man who was identified as the neighbor who had been at Mr.
Popkowski’s home the day before doing work. The man pointed out the sign on the property. Concerned over the
nature of the sign’s message, the deputy telephoned Togus VA only to learn of the earlier shooting that morning that
resulted in Mr. Popkowski’s death.

On July 8, at about 4:30 a.m., Officer Thomas Park of the VA Police was patrolling the VA grounds when he saw a
man reading a newspaper while sitting on the steps of Building 203. The man identified himself as James Popkowski
and told Officer Park that he was waiting to see the director of the facility (3). Officer Park told Mr. Popkowski that
the director was not yet in his office and, after determining that Mr. Popkowski was not an in-patient at the hospital,
Officer Park instructed Mr. Popkowski that he would have to leave the facility and return during normal business
hours. Officer Park observed Mr. Popkowski to be upset, “tense and aggravated” and “potentially confrontational.”
Mr. Popkowski told the officer that he was upset with the VA because he was not getting his medications. Mr.
Popkowski told Officer Park that the VA director was a “worthless piece of sperm,” and expressed similar
sentiments about the VA system in general. Officer Park attempted to persuade Mr. Popkowski to consult with the
patient advocacy office at Togus, but Mr. Popkowski responded that he had already talked with all the people with
whom he intended to talk and that he was going to do something about the deficiencies sooner or later. Mr.
Popkowski, when asked, refused to elaborate further. Officer Park warned Mr. Popkowski that if he returned to the
facility outside normal business hours, he would be charged with trespassing. Mr. Popkowski agreed to leave, but
told the officer that he would return later. Mr. Popkowski entered a nearby dark colored pickup truck and drove
toward the Route 17 gate. Officer Park noted that Mr. Popkowski was wearing a t-shirt, shorts, sneakers, and a
baseball cap.

About 45 minutes later, at about 5:15 a.m., a Togus employee on his way to work was driving on Route 17 in
Augusta when he observed a green pickup truck parked next to a water pump house a short distance from the north
gate of the Togus VA. The employee saw a man at the rear of the truck, and presumed that the man was a water
district employee checking on the pump house. Fifteen (15) minutes after that, a delivery truck driver traveling on
Route 17 saw the same pickup truck parked near the pump house. The driver noticed that the door on the truck’s cap
was open and he saw a person standing near the front of the truck. A resident living near the Route 17 Togus gate
saw the pickup truck parked next to the pump house at about 6:00 a.m. Another resident of Route 17 went outside to
retrieve his morning newspaper at about 7:45 a.m. and he saw the same pickup truck parked next to the pump house.

At about 9:20 a.m., two female employees of the VA were on break and sitting at a picnic table behind Building
209. They heard gunshots coming from the direction of a small pond on the grounds, and the sound of bullets
coming close to them. Both women ran into Building 209 and reported the gunshots to the Togus Police. At least
two other persons in the parking lot near Building 209 likewise heard gunshots. One of these persons heard about six
gunshots coming from the direction of the pond, and heard at least one of the rounds striking tree branches near
where his vehicle was parked. The other person, a military veteran familiar with the sound of small arms fire, heard
about six gunshots that he believed were fired from the area of the pond. This witness said that he could discern by
sound that at least one of the rounds came close to him. He also reported seeing other persons in the parking lot
ducking and at least one of them running toward a building in apparent retreat. The same two residents on Route 17
near the VA who had earlier seen the pickup truck parked next to the pump house similarly heard gunshots at the
same time. One of these residents heard several gunshots coming from the woods near the pump house, while the
other resident heard five or six gunshots.

Still on duty, Officer Park overheard a radio transmission to another officer reporting gunshots being fired toward
Building 209 from a location near the pond. Officer Park was instructed to check the area of the pump house off
Route 17, a short ways from the north gate of the Togus VA facility (4). Officer Park drove to the pump house
where he observed the pickup truck parked next to the building and recognized it immediately as the same truck Mr.
Popkowski had driven off the Togus grounds nearly five hours earlier. Officer Park observed the stock of a rifle or
shotgun inside the cab of the truck. He also saw two dogs in the back of the truck. Speculating that Mr. Popkowski
was the person shooting near the pond and concerned that he would return to retrieve the firearm inside the truck,
Officer Park decided to stay in the area for a while. In the meantime, he spoke with residents across the street who
told him they had heard three to five gunshots coming from the woods behind the pump house near the Togus VA
grounds. After hearing a single gunshot from the same area of the woods, Officer Park positioned himself near the
pump house in view of the wooded path.

By happenstance, two game wardens, Sgt. Ronald Dunham and Warden Joey Lefebvre, were traveling together in a
warden service vehicle headed east on Route 17 on their way to pick up a boat for a training session for new
wardens. Sgt. Dunham observed Officer Park near the pump house with his service weapon drawn. While Warden
Lefebvre parked the vehicle, Sgt. Dunham joined Officer Park who told Dunham that there was a man in the woods
and the man had just fired a shot. Sgt. Dunham moved to a position of less foliage next to Route 17 and observed the
foot path in the woods. Officer Park observed a man he recognized from his earlier encounter as Mr. Popkowski
walking down the path toward Sgt. Dunham. Mr. Popkowski was wearing a shoulder holster and a baseball cap, and
was now dressed in a green jump or flight suit with the pant legs tucked into his socks (5). Mr. Popkowski, arm
extended, was holding a handgun and pointing it directly at Sgt. Dunham. Sgt. Dunham, positioned at the end of the
path next to Route 17, had not yet observed Mr. Popkowski but, along with Officer Park, heard Mr. Popkowski
shout in an agitated manner, “You guys got a problem with my truck? Who the hell are you?” Sgt. Dunham
identified himself as a game warden and then observed Mr. Popkowski walking at a brisk pace down the path and
pointing a handgun directly at him. Sgt. Dunham and Officer Park issued successive commands for Mr. Popkowski
to drop the gun. Mr. Popkowski, however, continued to advance on Sgt. Dunham with his handgun pointed directly
at Sgt. Dunham at which point Officer Park and Sgt. Dunham simultaneously fired several rounds at Mr. Popkowski.

Mr. Popkowski died at the scene from what the Office of the Chief Medical Examiner later determined to be a single
gunshot wound to the neck fired by Officer Park (6). Mr. Popkowski also suffered a non-fatal grazing gunshot
wound to the right thigh.

While Officer Park rendered aid to Mr. Popkowski and called for emergency medical services, Sgt. Dunham, not
knowing if additional persons were in the woods, walked up the path. At the top of a grade about 48 feet from where
Mr. Popkowski was shot, Sgt. Dunham discovered a single-shot rifle with a scope in a partially open gun case, along
with a bipod for the rifle. Also found nearby was a GPS device with three saved locations: the area of the pump
house, the pond, and Mr. Popkowski’s residential location in Medway 7). It was discovered later that Mr.
Popkowski was carrying on him a digital camera, a survival knife, and a pair of binoculars. A photograph on the
camera dated 07/08/10 was a recent depiction of the parking lot near Building 209. The photograph was taken from
behind a split rail fence next to the pond described by witnesses as the area from which the earlier series of gunshots
emanated. Investigation disclosed areas of matted vegetation near the pond behind the fence. The bipod discovered
by Sgt. Dunham showed evidence of this vegetation.
In addition to the rifle found on the path a short distance from where Mr. Popkowski was shot and the 9mm loaded
semi-automatic pistol he was brandishing, additional loaded firearms – three semi-automatic pistols, a rifle with a
scope, and a shotgun – were found in Mr. Popkowski’s pickup truck. Also found in the truck was another GPS
device, a night vision spotting scope, and several hundred rounds of ammunition for the various firearms.

Detectives from the Attorney General’s Office went to the scene of the shooting to conduct an investigation with the
assistance of the State Police and the Office of the Chief Medical Examiner, as well as the Augusta Police
Department, Maine Warden Service, and the Togus VA Police Department.

Analysis and Conclusion

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while
acting in the performance of the officer's duties. The sole purpose of the Attorney General’s investigation is to
determine whether self-defense of the defense of others, as defined in law, is reasonably generated on the facts so as
to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any
administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for an individual to be justified in using deadly force for self-defense or the defense of others, two
requirements must be met. First, the individual must reasonably believe that deadly force is imminently threatened
against the individual or against someone else, and, second, the individual must reasonably believe that deadly force
is necessary to counter that imminent threat.

The Attorney General has concluded that at the time that shots were fired at Mr. Popkowski, it was reasonable for
Officer Park and Sgt. Dunham to believe that deadly force was imminently threatened against them. In addition,
both officers reasonably believed it was necessary to use deadly force to protect themselves from the imminent
threat of deadly force against them. Because the law enforcement officers used deadly force in self defense, no
criminal action will ensue against the officers involved in this tragic incident. This conclusion is based on an
extensive scene investigation, interviews with numerous individuals, review of medical records, and all other
evidence made available from any source. The investigation also disclosed that, prior to July 8, 2010, neither of the
officers involved knew Mr. Popkowski nor had either of them had any interactions with him.

It is beyond the scope of this report and beyond the authority and expertise of this office to determine Mr.
Popkowski’s motivations, his state of mind, or the medical or psychological underpinnings of his behavior and
actions on July 8, 2010.

(1) Patterning a shotgun is a process where the shooter chooses a specific load and choke combination to test how
the weapon shoots and delivers pellets to a specific area on the target at certain distances. (2) The sign referenced the
VA director, not a doctor. (3) While Building 203 normally contained the office of the facility director, the building
was undergoing renovations and the director’s temporary office was in another building, a fact of which Mr.
Popkowski was unlikely aware. (4) The pump house was also easily accessible on foot via a path through the woods
from the pond to a point on Route 17 near the pump house, a distance of about two-tenths (2/10ths) of a mile. (5)
Later investigation determined that the jump suit was donned over the shorts and t-shirt Mr. Popkowski was known
to be wearing during his earlier encounter with Officer Park on the steps of Building 203. (6) When the officers shot
at Mr. Popkowski, Officer Park was about 47 feet to the right of Mr. Popkowski, and Sgt. Dunham about 44 feet
facing Mr. Popkowski. (7) The chain of events, as well as the discovery of a high-powered rifle with scope and
bipod and other indicia of “sniper” activity, resulted in members of the State Police Tactical Team checking the
area, as well as a team from the State Police checking for explosives and incendiary devices.
 • http://www.maine.gov/ag/crime/index.shtml

Home > News > Press Releases > Findings of the Attorney General in the Matter of the Shooting
Death of James F. Popkowski on July 8, 2010 at the Togus VA Hospital

Findings of the Attorney General in the

Matter of the Shooting Death of James F.
Popkowski on July 8, 2010 at the Togus VA
Hospital
December 21, 2010

Findings of the Attorney General in the Matter of the Shooting Death of James F. Popkowski on July 8, 2010, at the
Togus VA Hospital

Facts

On the morning of July 8, 2010, James F. Popkowski, 37, of Medway, was shot and killed by law enforcement
officers during an armed confrontation on the grounds of the Togus hospital facility of the U.S. Department of
Veterans Affairs off Route 17 in Augusta.

Mr. Popkowski lived by himself in the Medway area, where he had been raised by an aunt and uncle and graduated
from high school in 1990. Upon graduation, Mr. Popkowski enlisted in the U.S. Marine Corps. During his military
career, he attained commissioned officer status. In 2003, Mr. Popkowski was diagnosed with a rare and aggressive
form of cancer. A stem cell replacement resulted in serious long term side effects, and Mr. Popkowski medically
retired from the Marine Corps. As a retiree, he qualified for certain medical benefits from the Department of
Veterans Affairs, including outpatient care at the VA hospital at Togus, Maine. Mr. Popkowski routinely visited a
VA outpatient clinic in Lincoln, Maine, which was closer to his home than the Togus facility in Augusta.

By 2009, Mr. Popkowski was expressing significant dismay with the quality of the medical treatment he was
receiving from the VA hospital. He told others that he was not receiving his medications in a timely manner from
Togus. He also expressed his feelings that the VA hospital at Togus was not responsive to his medical condition. He
became especially focused in this regard on what he perceived as the failings of the VA director in assuring that he
received adequate treatment and that his medications were delivered to him in a timely fashion.

On December 11, 2009, an employee at the Lincoln VA outpatient clinic contacted the Togus Police Department
and reported that Mr. Popkowski had called her that day and threatened to load guns into his truck, drive to the
Togus VA hospital, and “blow it up,” unless he was allowed to speak with a particular physician’s assistant. The
employee told the Togus Police that Mr. Popkowski was angry because he did not think that he was receiving his
medications in a timely manner. The employee told Mr. Popkowski that prescriptions for his medications had been
sent to the pharmacy at the Togus facility and that he would receive the medications soon. The employee offered to
assist Mr. Popkowski in determining the status of the prescriptions, but Mr. Popkowski insisted on being able to
speak with the particular physician’s assistant. The Togus Police contacted the physician’s assistant who, in turn,
attempted to telephone Mr. Popkowski, but was unable to reach him. The Togus Police also attempted to contact Mr.
Popkowski by telephone, but was likewise unsuccessful. The Togus Police then contacted a Penobscot County
deputy sheriff and requested that the deputy check on the welfare of Mr. Popkowski at his home in Medway. In the
meantime, the Togus Police was able to determine that Mr. Popkowski’s medications had been delivered to his
home the afternoon of December 11, 2009, a few hours after Mr. Popkowski’s call to the Lincoln clinic. Three days
later, the Togus Police received a message from the Penobscot County deputy sheriff that the deputy had indeed
visited with Mr. Popkowski as a result of the December 11th request and, in the deputy’s opinion, Mr. Popkowski
did not constitute a probable threat. As a result of this incident and because the Lincoln outpatient clinic does not
have a police presence, Mr. Popkowski was notified by the Togus VA that he could no longer receive services at the
Lincoln VA outpatient clinic, that he would be restricted to the VA hospital at Togus for any necessary medical
services to which he was entitled.

On July 5, 2010, a few days before his death, Mr. Popkowski sent a series of messages through a social networking
site to his biological mother in Massachusetts. On July 5 at 4:51 p.m., Mr. Popkowski wrote:

Mother…seeing the VA has not filled critical prescriptions in over three month…no surprise of my weight loss…if
the cancer returns, whether it is the VA’s fault, or not…the children of the Director of VA Togus, Maine will grow
up fatherless…just as my daughter will due to this man’s utter incompetence…I know where he lives…I know his
schedule…I know what he drives…I have pics of his entire family…he is a dead man walking!

Three minutes later (4:54 p.m.), Mr. Popkowski added:

…in fact, I have his name printed on some specially modified rounds.

Mr. Popkowski continued four minutes later (4:58 p.m.):

…I hope [the] Director . . . is a man of faith…I hope he prays my cancer does not return and I snap…if I do
snap…he will be my first priority…if my health, my life, were the least bit of his concern…he would ensure my
meds were not three-plus months late….DEAD MAN WALKING!”

And, finally, two minutes later (5:00 p.m.), Mr. Popkowski wrote:

…INCOMPETENT PEOPLE SHOULD NOT BE IN POSITIONS THAT ALLOW THEM TO IMPACT THE
LIVE’S OF OTHERS!

During the afternoon of July 7, 2010, a neighbor was doing work at Mr. Popkowski’s house in Medway. Mr.
Popkowski was in his garage cleaning a gun. Mr. Popkowski told the neighbor that doctors were trying to kill him
by terminating his stem cell treatments. The friend also said that later that night, sometime between 10 p.m. and
midnight, he heard gunshots coming from Mr. Popkowski’s property. The neighbor went to Mr. Popkowski’s house
the next morning, July 8, only to discover that Mr. Popkowski was not at home. The neighbor observed several spent
shotgun casings on the ground at the residence.

During the early evening of July 7, another neighbor and his family were traveling past Mr. Popkowski’s home and
saw Mr. Popkowski’s dogs in the road. At the same time, the neighbor’s children pointed out a crudely-constructed
sign outside Mr. Popkowski’s house. The sign, containing large block letters in yellow paint on dark-colored opaque
plastic garbage bags strung together on a wooden frame, read:

MUCH LIKE ME, VA DIRECTOR = DEAD MAN WALKING.

In smaller lettering on the same sign:

SELF DEFENSE: HE IS NOT SENDING CRITICAL POST STEM TRANSPLANT MEDS. HE IS SLOWLY
KILLING ME. WHAT IF I KILL HIM IN DEFENSE?!?!?!?!

The neighbor, who later reported that he spoke with Mr. Popkowski that evening, said that Mr. Popkowski was
“talking crazy” while in the process of “patterning”(1) a 12-gauge shotgun outside his home. He said that Mr.
Popkowski was talking about shooting over hoods of cars, although there was no mention at that time of Mr.
Popkowski going to the Togus VA hospital in Augusta. Mr. Popkowski told the neighbor that he was slowly dying
because the VA was not giving him his medications and the doctors were not listening to him. The neighbor said
that Mr. Popkowski was focused on a particular person at the VA who the neighbor believed to be a doctor and who
Mr. Popkowski referenced on the sign (2). During their conversation, the neighbor said that Mr. Popkowski was
shooting the shotgun at targets held up by rocks at “point blank range,” and that the shotgun pellets were ricocheting
and coming close to striking him and Mr. Popkowski. He said Mr. Popkowski appeared oblivious to the danger. The
neighbor became increasingly concerned over Mr. Popkowski’s careless handling of the shotgun. Mr. Popkowski
went on to tell the neighbor that if he went to the Togus hospital and killed “the doctor,” it would be a matter of self-
defense. Mr. Popkowski told the neighbor that even if he went to jail as a result, he would at least get his
medications on time, along with three square meals a day, a shower, and a roof over his head. The neighbor did not
take seriously these statements by Mr. Popkowski. He said Mr. Popkowski was known to possess a large quantity of
firearms. During the conversation, the neighbor said that Mr. Popkowski donned a shoulder holster containing a
pistol, which he said was a common occurrence in that Mr. Popkowski “always carried a pistol in a shoulder
holster.”

The Penobscot County deputy sheriff who had checked on Mr. Popkowski after the incident at the Lincoln VA
outpatient clinic on December 11, 2009, later told investigators that he knew Mr. Popkowski and would occasionally
check on his welfare. Such was the case the morning of July 8, 2010, shortly after 10 a.m., when the deputy went to
Mr. Popkowski’s residence and observed a man who was identified as the neighbor who had been at Mr.
Popkowski’s home the day before doing work. The man pointed out the sign on the property. Concerned over the
nature of the sign’s message, the deputy telephoned Togus VA only to learn of the earlier shooting that morning that
resulted in Mr. Popkowski’s death.

On July 8, at about 4:30 a.m., Officer Thomas Park of the VA Police was patrolling the VA grounds when he saw a
man reading a newspaper while sitting on the steps of Building 203. The man identified himself as James Popkowski
and told Officer Park that he was waiting to see the director of the facility (3). Officer Park told Mr. Popkowski that
the director was not yet in his office and, after determining that Mr. Popkowski was not an in-patient at the hospital,
Officer Park instructed Mr. Popkowski that he would have to leave the facility and return during normal business
hours. Officer Park observed Mr. Popkowski to be upset, “tense and aggravated” and “potentially confrontational.”
Mr. Popkowski told the officer that he was upset with the VA because he was not getting his medications. Mr.
Popkowski told Officer Park that the VA director was a “worthless piece of sperm,” and expressed similar
sentiments about the VA system in general. Officer Park attempted to persuade Mr. Popkowski to consult with the
patient advocacy office at Togus, but Mr. Popkowski responded that he had already talked with all the people with
whom he intended to talk and that he was going to do something about the deficiencies sooner or later. Mr.
Popkowski, when asked, refused to elaborate further. Officer Park warned Mr. Popkowski that if he returned to the
facility outside normal business hours, he would be charged with trespassing. Mr. Popkowski agreed to leave, but
told the officer that he would return later. Mr. Popkowski entered a nearby dark colored pickup truck and drove
toward the Route 17 gate. Officer Park noted that Mr. Popkowski was wearing a t-shirt, shorts, sneakers, and a
baseball cap.

About 45 minutes later, at about 5:15 a.m., a Togus employee on his way to work was driving on Route 17 in
Augusta when he observed a green pickup truck parked next to a water pump house a short distance from the north
gate of the Togus VA. The employee saw a man at the rear of the truck, and presumed that the man was a water
district employee checking on the pump house. Fifteen (15) minutes after that, a delivery truck driver traveling on
Route 17 saw the same pickup truck parked near the pump house. The driver noticed that the door on the truck’s cap
was open and he saw a person standing near the front of the truck. A resident living near the Route 17 Togus gate
saw the pickup truck parked next to the pump house at about 6:00 a.m. Another resident of Route 17 went outside to
retrieve his morning newspaper at about 7:45 a.m. and he saw the same pickup truck parked next to the pump house.

At about 9:20 a.m., two female employees of the VA were on break and sitting at a picnic table behind Building
209. They heard gunshots coming from the direction of a small pond on the grounds, and the sound of bullets
coming close to them. Both women ran into Building 209 and reported the gunshots to the Togus Police. At least
two other persons in the parking lot near Building 209 likewise heard gunshots. One of these persons heard about six
gunshots coming from the direction of the pond, and heard at least one of the rounds striking tree branches near
where his vehicle was parked. The other person, a military veteran familiar with the sound of small arms fire, heard
about six gunshots that he believed were fired from the area of the pond. This witness said that he could discern by
sound that at least one of the rounds came close to him. He also reported seeing other persons in the parking lot
ducking and at least one of them running toward a building in apparent retreat. The same two residents on Route 17
near the VA who had earlier seen the pickup truck parked next to the pump house similarly heard gunshots at the
same time. One of these residents heard several gunshots coming from the woods near the pump house, while the
other resident heard five or six gunshots.

Still on duty, Officer Park overheard a radio transmission to another officer reporting gunshots being fired toward
Building 209 from a location near the pond. Officer Park was instructed to check the area of the pump house off
Route 17, a short ways from the north gate of the Togus VA facility (4). Officer Park drove to the pump house
where he observed the pickup truck parked next to the building and recognized it immediately as the same truck Mr.
Popkowski had driven off the Togus grounds nearly five hours earlier. Officer Park observed the stock of a rifle or
shotgun inside the cab of the truck. He also saw two dogs in the back of the truck. Speculating that Mr. Popkowski
was the person shooting near the pond and concerned that he would return to retrieve the firearm inside the truck,
Officer Park decided to stay in the area for a while. In the meantime, he spoke with residents across the street who
told him they had heard three to five gunshots coming from the woods behind the pump house near the Togus VA
grounds. After hearing a single gunshot from the same area of the woods, Officer Park positioned himself near the
pump house in view of the wooded path.

By happenstance, two game wardens, Sgt. Ronald Dunham and Warden Joey Lefebvre, were traveling together in a
warden service vehicle headed east on Route 17 on their way to pick up a boat for a training session for new
wardens. Sgt. Dunham observed Officer Park near the pump house with his service weapon drawn. While Warden
Lefebvre parked the vehicle, Sgt. Dunham joined Officer Park who told Dunham that there was a man in the woods
and the man had just fired a shot. Sgt. Dunham moved to a position of less foliage next to Route 17 and observed the
foot path in the woods. Officer Park observed a man he recognized from his earlier encounter as Mr. Popkowski
walking down the path toward Sgt. Dunham. Mr. Popkowski was wearing a shoulder holster and a baseball cap, and
was now dressed in a green jump or flight suit with the pant legs tucked into his socks (5). Mr. Popkowski, arm
extended, was holding a handgun and pointing it directly at Sgt. Dunham. Sgt. Dunham, positioned at the end of the
path next to Route 17, had not yet observed Mr. Popkowski but, along with Officer Park, heard Mr. Popkowski
shout in an agitated manner, “You guys got a problem with my truck? Who the hell are you?” Sgt. Dunham
identified himself as a game warden and then observed Mr. Popkowski walking at a brisk pace down the path and
pointing a handgun directly at him. Sgt. Dunham and Officer Park issued successive commands for Mr. Popkowski
to drop the gun. Mr. Popkowski, however, continued to advance on Sgt. Dunham with his handgun pointed directly
at Sgt. Dunham at which point Officer Park and Sgt. Dunham simultaneously fired several rounds at Mr. Popkowski.

Mr. Popkowski died at the scene from what the Office of the Chief Medical Examiner later determined to be a single
gunshot wound to the neck fired by Officer Park (6). Mr. Popkowski also suffered a non-fatal grazing gunshot
wound to the right thigh.

While Officer Park rendered aid to Mr. Popkowski and called for emergency medical services, Sgt. Dunham, not
knowing if additional persons were in the woods, walked up the path. At the top of a grade about 48 feet from where
Mr. Popkowski was shot, Sgt. Dunham discovered a single-shot rifle with a scope in a partially open gun case, along
with a bipod for the rifle. Also found nearby was a GPS device with three saved locations: the area of the pump
house, the pond, and Mr. Popkowski’s residential location in Medway 7). It was discovered later that Mr.
Popkowski was carrying on him a digital camera, a survival knife, and a pair of binoculars. A photograph on the
camera dated 07/08/10 was a recent depiction of the parking lot near Building 209. The photograph was taken from
behind a split rail fence next to the pond described by witnesses as the area from which the earlier series of gunshots
emanated. Investigation disclosed areas of matted vegetation near the pond behind the fence. The bipod discovered
by Sgt. Dunham showed evidence of this vegetation.

In addition to the rifle found on the path a short distance from where Mr. Popkowski was shot and the 9mm loaded
semi-automatic pistol he was brandishing, additional loaded firearms – three semi-automatic pistols, a rifle with a
scope, and a shotgun – were found in Mr. Popkowski’s pickup truck. Also found in the truck was another GPS
device, a night vision spotting scope, and several hundred rounds of ammunition for the various firearms.

Detectives from the Attorney General’s Office went to the scene of the shooting to conduct an investigation with the
assistance of the State Police and the Office of the Chief Medical Examiner, as well as the Augusta Police
Department, Maine Warden Service, and the Togus VA Police Department.

Analysis and Conclusion

The Attorney General is charged by law with investigating any law enforcement officer who uses deadly force while
acting in the performance of the officer's duties. The sole purpose of the Attorney General’s investigation is to
determine whether self-defense of the defense of others, as defined in law, is reasonably generated on the facts so as
to preclude criminal prosecution. The review does not include whether there could be any civil liability, whether any
administrative action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for an individual to be justified in using deadly force for self-defense or the defense of others, two
requirements must be met. First, the individual must reasonably believe that deadly force is imminently threatened
against the individual or against someone else, and, second, the individual must reasonably believe that deadly force
is necessary to counter that imminent threat.

The Attorney General has concluded that at the time that shots were fired at Mr. Popkowski, it was reasonable for
Officer Park and Sgt. Dunham to believe that deadly force was imminently threatened against them. In addition,
both officers reasonably believed it was necessary to use deadly force to protect themselves from the imminent
threat of deadly force against them. Because the law enforcement officers used deadly force in self defense, no
criminal action will ensue against the officers involved in this tragic incident. This conclusion is based on an
extensive scene investigation, interviews with numerous individuals, review of medical records, and all other
evidence made available from any source. The investigation also disclosed that, prior to July 8, 2010, neither of the
officers involved knew Mr. Popkowski nor had either of them had any interactions with him.

It is beyond the scope of this report and beyond the authority and expertise of this office to determine Mr.
Popkowski’s motivations, his state of mind, or the medical or psychological underpinnings of his behavior and
actions on July 8, 2010.

(1) Patterning a shotgun is a process where the shooter chooses a specific load and choke combination to test how
the weapon shoots and delivers pellets to a specific area on the target at certain distances. (2) The sign referenced the
VA director, not a doctor. (3) While Building 203 normally contained the office of the facility director, the building
was undergoing renovations and the director’s temporary office was in another building, a fact of which Mr.
Popkowski was unlikely aware. (4) The pump house was also easily accessible on foot via a path through the woods
from the pond to a point on Route 17 near the pump house, a distance of about two-tenths (2/10ths) of a mile. (5)
Later investigation determined that the jump suit was donned over the shorts and t-shirt Mr. Popkowski was known
to be wearing during his earlier encounter with Officer Park on the steps of Building 203. (6) When the officers shot
at Mr. Popkowski, Officer Park was about 47 feet to the right of Mr. Popkowski, and Sgt. Dunham about 44 feet
facing Mr. Popkowski. (7) The chain of events, as well as the discovery of a high-powered rifle with scope and
bipod and other indicia of “sniper” activity, resulted in members of the State Police Tactical Team checking the
area, as well as a team from the State Police checking for explosives and incendiary devices.

-end-