- Associated Press - Saturday, June 21, 2014

WEARE, N.H. (AP) - The town of Weare will pay $300,000 to the family of a 35-year-old man killed last year by a police officer during a drug sting that was sharply criticized by the state’s attorney general.

The Concord Monitor (https://bit.ly/1ywNzNs ) reports a settlement agreement was signed June 10. The town’s insurance company has given the payment to Alex Cora DeJesus’ estate.

DeJesus was killed Aug. 14 while fleeing a sting in a parking lot. Two police officers opened fire, hitting an unarmed DeJesus once in the head. After a lengthy investigation, Attorney General Joseph Foster called it an “ill-conceived” plan and a “rash and poorly-planned response” that led to DeJesus’ death.

Foster opted not to prosecute Weare police officer Nicholas Nadeau, whose shot hit DeJesus. It was a decision made under laws that are weighted heavily in favor of the officer. Even if the officer’s perception is mistaken, he is spared legal consequences if he reasonably believed there was a threat to the officer or others.

Nadeau had been working for 25 of the previous 29 hours and an expert in police shootings said fatigue may have played a significant role in the shooting.

As DeJesus backed out and started to speed away from the sting, Officer Kenenth Cox fired twice, hitting the car but missing DeJesus. Nadeau fired his shotgun, hitting DeJesus in the temple. The car kept going until it drifted off the road into a grove of trees a hundred yards away.

Foster said evidence disputed Nadeau’s contention that he thought the speeding car was going to hit him or another officer

The settlement means the family agrees not to sue the town.

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