Maine State Police and Lincoln County Sheriff’s Office vehicles are parked July 23, 2023, near a house that is being searched on Hankerson Road in Chelsea. Frank Foss Jr. was killed by police nearby after pointing a gun at a member of the state police tactical team. A state panel issued a report on the shooting this week, including recommendations for police. Kennebec Journal file

A deadly force review panel released its report Wednesday on a 2023 case in which a Maine State Police detective shot a man in Chelsea, who then fatally shot himself in the head.

Frank Foss Jr., 28, of Dresden was shot July 23, 2023, by Detective Scott Duff in the woods between Hankerson Road, Davenport Road and Central Maine Power Co. lines.

The shooting caused a nonfatal injury to Foss, who subsequently shot himself in the head with a handgun, causing fatal injuries, the report said.

Frank Foss Jr. Lincoln County Sheriff’s Office photo

As a result of the review, the panel released a series of recommendations on how to train officers to respond to similar scenarios, including when a person is in acute mental distress.

The panel is required by law to examine deaths or serious injuries resulting from the use of deadly force by a law enforcement officer once the Office of the Maine Attorney General files its report. The panel’s work is to determine independently whether there was compliance with accepted and best practices under the circumstances, according to the report.

The panel reviewed several documents compiled by the attorney general’s office, including original investigative data with interview recordings and reports, forensic reports, photographs, emergency communications, the attorney general’s report from Jan. 19, 2024, and the Maine State Police Incident Review Team report of Nov. 22, 2024.

Advertisement

The review panel’s list of recommendations includes that the Maine Criminal Justice Academy consider using panel reports when developing and debriefing scenario-based training. The panel said it believes feedback from departments whose incidents are reviewed is important for the department and for agencies statewide because learning and improvement is a collaborative process.

The panel noted that the state police Incident Review Team conducted a thorough investigation of the incident, finding the department’s existing policies regarding use of force, barricaded subjects and hostage incidents, incidents involving people experiencing mental health crises and the tactical team all provided an adequate framework for operation.

In its report, the panel said the state police policy regarding use of force should include additional officer wellness options and long-term wellness check-ins. Definitions in the policy regarding responding to barricaded subject incidents and hostage incidents should be updated to clarify what “inaccessible” means.

The panel also said the Incident Review Team suggested the state police should review policies to ensure it recognizes an incident involving someone in a mental health crisis can unfold quickly and preclude officers from considering a full assessment.

The review panel also recommended that the tactical team have access to a field litter, a device for carrying people that is especially helpful when removing a patient from rugged terrain, as recommended by the Incident Review Team. The tactical team, it says, has a foldable litter that is difficult to use in heavily wooded areas.

The panel noted that the Incident Review Team recommended that at a minimum, the use of the team’s trained dog should be evaluated in the context of tracking versus apprehension to ensure the best fit with the dog that is selected.

Advertisement

PANEL SUMMARY

The panel includes lawyers and officials from police departments and sheriff’s offices, as well as representatives of behavioral health, the NAACP, the Office of Chief Medical Examiner and other agencies.

The panel was not asked to review the determination by the attorney general’s office regarding the legality of the use of deadly force, and discussions and recommendations are independent of the attorney general.

The panel report summary says a woman called the Lincoln County Sheriff’s Office on July 2, 2023, to say Foss was intoxicated and armed at her Dresden home, adjacent to where Foss and his girlfriend lived. Knowing Foss was prohibited from possessing firearms and alcohol due to prior convictions, law enforcement officers responded and reported hearing at least 12 gunshots. They tried to communicate with Foss, but got no response.

Foss’ girlfriend, who was with a young child, was uncooperative, and told officers she had not seen Foss with a firearm and that he had left the area, according to the report.

Meanwhile, the caller said Foss had sworn at her and left the home. She said she saw a gun tucked into the back of his pants, and after he left, she saw his girlfriend drive by and heard several shots. The neighbor’s husband told police he heard three gunshots when Foss left, and then several more shots a short time later, and heard Foss’ girlfriend yelling at Foss.

Officers left the area after having no success locating Foss.

Advertisement

The next day, officials searched Foss’ home and found spent shell casings in the driveway and a firing range in the backyard. His girlfriend’s pregnant mother was at the home and told a detective she was afraid for her daughter’s life. Her daughter’s car had several bullet holes in it.

A sheriff’s detective examined the car July 5, finding loaded firearms inside. Foss’ girlfriend told the detective that Foss had always planned to go into the woods and shoot himself. She noted he would definitely try “suicide by cop,” according to the report.

On July 23, members of the state police tactical team brought a tracking dog to the wooded area in Chelsea, acting on information that Foss was there.

Duff was at the base of a tree and heard someone approaching him from behind, according to the report. Duff then saw Foss about 20 yards away, walking in Duff’s direction. Believing Foss had not seen him, Duff waited until Foss was 10 to 12 yards away and slowly raised his gun. He then said to Foss, “State police, don’t move,” according to the report.

“Mr. Foss raised both hands, with the right hand holding a handgun pointed at Detective Duff,” according to the report. “Believing that Mr. Foss was about to shoot him, Detective Duff fired two shots from a seated position at Mr. Foss. Mr. Foss bent forward at the waist, raised the handgun to his head, and fired a single shot.

“Despite immediate medical aid, Mr. Foss died at the scene from what the Office of Chief Medical Examiner later determined to be a self-inflicted gunshot to the head. It was also determined that one of the shots fired by Detective Duff struck Mr. Foss in the abdomen but was nonfatal.”

Related Headlines

Comments are not available on this story.