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Two Kennebec County Sheriff’s deputies were acting in self-defense when they fired shots at Dustin Smith, resulting in a non-fatal injury, following a nearly 30-mile long high-speed chase in December, according to a letter issued Friday by Maine Attorney General Aaron Frey.

Smith, 33 at the time, was wanted for  trafficking in scheduled drugs, illegal possession of a firearm, terrorizing, violation of conditions of release and assault preceding the chase.

He was also known to have two firearms in addition to making comments to his parents about suicide by cop and threats toward Augusta police Detective Ben Murtiff, who was involved with an investigation of Smith in connection with a previous drive-by shooting.

When law enforcement officers use deadly force, the Attorney General’s office is tasked with determining whether a criminal prosecution is warranted. The office’s investigation does not analyze whether personnel actions should be taken, whether the use of deadly force could have been averted or whether there might be civil liability.

Frey’s letter detailed what happened on Dec. 14 when deputies Jeffrey Boudreau and Elijah Curtis began to pursue Smith after he was seen leaving a Chelsea home and refused to pull over.

During the 26.9 mile-pursuit through Chelsea, Windsor and Augusta that reached speeds of 100 mph, Smith threatened in a 911 call to kill the three passengers in the vehicle if law enforcement kept following him. Smith also fired shots at the deputies through the driver’s side window during the chase.

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Augusta police deployed a spike mat to attempt to stop Smith as he neared Augusta. As Smith slowed down during a turn, a man and a woman left the vehicle.

Smith finally stopped his car after pulling into a driveway on Allen Street and pointed a handgun directly at Deputy Curtis in his vehicle. Curtis fired multiple rounds with a rifle through his windshield toward Smith. Boudreau also fired his weapon toward Smith after seeing Smith point a pistol in his direction and hearing a rifle shot—although he was unsure if Smith was actually firing his weapon.

Both Curtis and Boudreau told investigators from the Attorney General’s Office they believed Smith was going to kill them and feared for their lives when they discharged their weapons.

Murtiff, the Augusta detective, rammed Smith’s vehicle into a parked truck during the stop. Smith and his passenger, Kierra Stoddard, then 29, surrendered to police, despite initially refusing to leave the vehicle.

Smith was taken to MaineGeneral Medical Center and treated for a bullet graze to the left shoulder before being taken to the Kennebec County Jail. Stoddard was arrested on a charge of resisting arrest and was also taken to the jail.

When investigators later interviewed Smith, he said he was holding a gun when the deputies stopped him because he wanted “more time” and for them to “back off,” according to a release from the Attorney General. Smith also said he fired out the window and up into the air during the chase in an attempt to get to the officers to back off.

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He said he had mentioned suicide by cop to his parents because he did not want to go to jail for 10 years. He also said he did not want to hurt anyone during the chase but was thinking about suicide by cop. Smith said there were no bullets in his gun when he was stopped because he fired them all during the chase.

Investigators located a 9 mm handgun in the driver’s footwell of Smith’s car with one cartridge and an empty magazine chamber in addition to a shotgun in the trunk.

Smith is awaiting trial after being indicted by a Kennebec County grand jury on two counts of aggravated attempted murder, possession of a firearm by a prohibited person, violation of condition of release, unlawful possession of scheduled drugs, eluding an officer, aggravated operating after habitual offender revocation, criminal speed, driving to endanger, terrorizing and violation of condition of release.

Boudreau and Curtis were placed on administrative leave while the Office of the Attorney General investigated, a standard practice when deadly force is used.

Because of Smith’s previous threats of suicide by cop and harm toward a detective and his threats and actions during the chase, the report concludes the deputies acted in self-defense.

Sara Coughlin covers the Augusta area for the Kennebec Journal. She received a degree in English and government with a concentration in creative writing from Bowdoin College, where she served as an editor...

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