Aanon M. Prey : ‘tome cea sinpscor Sr. Sa 26 Stare oF Maint serie Oprice oF tHE Arronney Gewenat We Accrss Bion, Sr FEL BOM 0 cans 6 Stare House Station ‘Se aes fanmail Augusta, MAINE 04333-0006 Foe 207) $9630 January 12, 2023 Sheriff William L. King ‘York County Sheri’s Office Layman Way Alfred, ME 04002 Dear Sheriff King: ‘We have completed our investigation and legal review ofthe incident on Friday, December 27, 2019, involving the use of deadly force by Deputy Robert Carr, which resulted inthe death of Christopher Camacho, then 16, of Limerick Enctual Summary On Friday evening December 27, 2019, shortly after 7 p.m. the Sanford Regional Communication Center (Sanford RCC) received three overlapping 911 calls reporting an armed. robbery at the Dollar Genetal store on Washington Street in Limerick, The callers, all employees atthe Dollar General store, reported thatthe suspect had a gun and a knife and was holding one of the employees at gunpoint after having made the employee bind his wrists together with duct tape. The firs 911 call was from an employee who was on a break in the office. ‘The ealler told the 911 operator that she vas watching the interaction between the suspect and the clerk via a ‘monitor in the office. She described the suspect as making the clerk tape his waists together while holding the clerk at gunpoixt and then instructing the clerk to call 911, Another employee, who had left the store through a back door, was the second person to call 911. He also reported that there was a robbery in progress by a suspect who was armed with what appeared to be a gun and something else “long” in his hand, and there were two employees still n the store ‘he third 911 call was from the clerk interacting with the suspect at the front of the store. He told the 911 operator ttat the suspect had a machete to his throat, was also holding him at gunpoint, and instructed him to call 911. The caller said there was a customer inthe store, whoquickly fet through the frent door." While deseribing the evolving situation to the 911 operator, the elerk asked the suspect his name to which the suspect responded, “Don’t worry about it.” ‘York County Deputy Sheriff Robert Carr was on patrol nearby in Limerick and, upon being informed of the 911 calls, responded immediately to the store. The 911 operators stayed connected to the respective callers on open lines. Deputy Carr encountered the customer leaving the store, and she told him that the suspect was armed with » gun and a knife and was pointing the gun a Clerk at the front register. Deputy Carr entered the store through the front entrance, which consisted of sliding glass doors, a foyer, and a second set of sliding glass doors. Upon breaking the threshold ff the eecand set of does and peering around the eorner to hs left, Deputy Carr saw the clerk back to him, and the suspect pointing a handgun atthe clerk. Deputy Carr believed he was about ten fet fom the suspect, who was facing the clerk, The suspect and the clerk were within arm’ length fone another. When the suspect saw Deputy Car, he pointed the gun at him at which time Deputy Care momentarily backed eff the threshold. Breaching the threshold again and looking around the comer, Deputy Carr again saw the suspect pointing the gun at him. He fired two rounds atthe suspect. One ofthe bullets struck the suspect, killing him? “The suspect was later identified as Christopher Camacho, age 16, of Limerick. “The investigation cisclosed that at approximately 7:00 pm. Mr. Camacho entered the Dollar General store with s black pistol in his eft hand and a machete in his right. He waved the pistol inthe direction of the front counter, However, there was no one atthe counter. The cashier ‘who Mr, Camacho eventually confronted and threatened was heading tothe back ofthe store when he heatd someone come in and scream, “Nobody fucking move!” The eashier approached the front ofthe store and encountered Mr, Camacho, who was armed with a handgun and a machete, and asked, “Where the fuck is everybody?” The cashier asked him what he needed, and Mr. Camacho sai, “I'm sorry about this. I don't need anything, I need you.” With firearm pointed atthe cashier, the suspect instructed the cashier to go tothe back of the store and get some duct tape and accompanied the cashier while he retrieved some “Gorilla” tape. The pair returned to the front ofthe store where Mr, Camacho told the cashier to bind his own wrists together. The eashier did a tld, though Mr. Camacho finished securing the eashier’s wrist together withthe tape Starting at about 705 pan. Sanford RCC received the three overlapping 911 ealls from store employees, including one from the cashier whose eall to 9T1 was atthe instruction of Mr. Camacho, Sanford RCC dispatched Deputy Carr and another deputy sheriff to the reports of « robbery. When he received the radio call of the robbery, Deputy Carr was parked a short distance from the Dollar General store. He was in uniform and operating a marked eruiser. Deputy Carr aurived at the Dollar General store within seconds. He checked the ownership of two vehicles parked atthe store and conversed with the departing customer. "The sapect can be herd onthe 91! reading tllg the customer, “Need yout eve now!” * Neal all elevant events andnteractions were visually ecorded onan in-store suvlnce system, neing tbe suspect's enty lato the ste, his interactions with the sore ce, and Deputy Cas entry ino the tre, a is timate we of deadly fore‘At 7:09 pam, the cashier, at Mr. Camacho’s instruction, called 911. Mr. Camacho instructed him to tell the cperator that he had a machete to the cashier's throat.’ Based on the {otalty ofthe information Yom Sanford RCC and the customer, Deputy Care was fearful that the cashier or others in the store were in imminent peril. Deputy Carr entered the store where he encountered Mr. Camacho holding the cashier hostage and pointing his gun directly at Deputy Care, Deputy Carr shot twice at Mr. Camacho, One bullet stuck and killed Mr. Camacho. The gun brandishec by Mr. Camacho was a revolver-style pellet gun. The machete, with the handle missing and a wad ofape in is place, had an 18-inch blade. A postmortem examination by the Office f Chief Mesfeal Examiner determined Mr. Camacho’s cause of death to bea single gunshot wound to the neck Discussion and Legal Analysis ‘The Office of the Atlomey General has exclusive responsibilty for the direction and contol of any criminal investigation ofa law enforcement officer who uses deadly fore while ‘soting in the performance ofthe office's duties The detectives who conduct these investigations se independent of any ole law enforcement agency. The sole purpose of the investigation in this mater was to determine i eiminal prosecution was warranted or if self-defense or the defense of others was easoably generated by the facts Any such prosecution would require the Siate to disprove self-defense or the defense of others beyond a reasonable doubt. ‘The investigation did not inlule an analysis of whether any personel ation might be warranted, whether the use of deadly free could have been averted, of whether there might be civil ability Indeed, state law provides thatthe fact that conduct may bejustable under law does nt abolish or impair any othe avaiable legal remedy. ‘Whether the use of fore by a law enforcement officer is reasonable is based on the totality of the particular circumstances and judged from the perspective of @ reasonable officer on the scene, allowing forthe fact that police officers are often forced to make split second decisions bout the amount of force necessary in a given situation, The legal analysis requires eareful attention tothe facts and circumstances ofeach case, including the severity ofthe erime threatened ‘or commited and whether the suspect poses an immediate threat tothe safety of others. Conclusion ‘When Deputy Carr shot Mr. Camacho, he reasonably believed that Mr. Camacho was about to use unlawfal deadly force against him or the store clerk and that it was reasonable to believe that either he or the store cerk would have been seriously injured or killed had he not responded with deadly foree. As the sore video cleatly shows, Mr, Camacho had a machete in one hand and ‘the caer, when ltr interviewed, si that Mr Camacho was only poiting the gun at him, bathe fllomed Mr ‘Camaco’sinsaction tll he911apeatoe hat he had he mahet 10 his hoa #SMRS.§ 2004 * Under Maine la, fora aw enecement officer o lawl use deadly fre in sal defen or the defense of ahers, ‘wo requirements st be me. Fst the oer must reasonably bolle that unlawful deal force smn ‘vated agaist the fcr or nthe person and, Seco, the officer mus reasonably balleve tha the ue of dey force isnecssry to defend he lie or oher enon. I7-A MRS. § 107M).‘gun in the other hand. When Deputy Carr entered the store, Mr. Camacho re-directed the gun from the clerk to Deputy Carr. All he fats and circumstances point tothe conclusion that Deputy Carr acted in self-defense andthe defense of another atthe time he used deadly force ae ‘Aaron M. Frey ‘Attorney Genceal