Video shows fatal shooting in N.H.
AG releases report, witness accounts
Gregory W. Floyd, 49, said he was furious and full of adrenaline after seeing 24-year-old Liko Kenney run over Franconia police officer Bruce McKay twice after shooting him. Floyd picked up the fallen officer's gun, leaned into Kenney's car , and saw Kenney trying to fix his jammed pistol.
"I didn't give him much time," Floyd told authorities hours later. "I'm screaming. I said, 'Put it down, leave it alone, [if] you want to live, ' whatever come into my mind . I thought he might let it go and I wouldn't have to shoot him. "
When Kenney held onto the gun, Floyd fatally shot Kenney, capping a horrifying confrontation May 11 that has shaken Franconia, a tiny ski resort town about 150 miles north of Boston.
The deadly encounter between Kenney and Floyd, who has never talked publicly about his experience that day, was described in an 80-minute recording of Floyd's interview with State Police. It was released yesterday by the attorney general's office, along with hours of other witness interviews and a 43-page report summarizing the investigation.
The office also released harrowing video footage, taken from a camera on McKay's cruiser, showing Kenney shooting the officer at least five times.
Floyd, who was an active Marine from 1976-1979, was not charged for the shooting of Kenney, after Attorney General Kelly Ayotte said she concluded that his use of deadly force was justified. Ayotte made the decision less than 24 hours after the confrontation.
Jeffery A. Strelzin, senior assistant attorney general, said yesterday that officials came to that conclusion after the interviews with witnesses and evidence was examined for hours.
"We worked upwards through the night with 50 officers," Strelzin said.
The shooting divided Franconia, where many residents knew of an ongoing feud between Kenney and McKay. The two had first clashed in 2003 when the officer asked him for his driver's license after seeing him parked in a park. An ad hoc group of citizens and local officials recently formed the Franconia Area Recovery and Reconciliation Committee to find ways to prevent such violence from happening again.
Many hailed Floyd as a hero for his actions, although others expressed reservations about his quick decision to shoot Kenney.
Throughout the interview with police, however, Floyd sounded calm and never second-guessed his decision to shoot Kenney.
"He was clearly a threat and had no remorse about running [over] that police officer," Floyd told the officers. "So why should I give him a chance? He might shoot me."
In the video, McKay pulls over Kenney, who was driving home from work with his friend, Caleb Macaulay. Police later said that Kenney fled the scene.
The video then shows that McKay followed Kenney to Route 116, where Kenney's car was parked on the side of the road. There is no audio as the video shows McKay drive in front of Kenney's car and push the vehicle back. The audio suddenly comes on as McKay gets out of the cruiser, sprays an irritant similar to Mace into Kenney's car, and walks away, out of the camera's view. Immediately, Kenney takes out a gun, leans out his window, and fires.
The wails of a siren can be heard and then what sounds like McKay groaning in pain. Kenney pulls away.
The camera did not capture the rest of the encounter, but according to Floyd, McKay staggered away, bleeding profusely from his side, as he tried to get to the road.
Floyd said he then saw Kenney hit McKay with his car, back up, and hit him again, pinning the officer under the vehicle.
"What are you supposed to do?" he told the officers. "That's pure - out torture. If you're going to kill somebody, be man enough to knock on their door and tell him to get their . . . pistol."
After shooting Kenney, Floyd then turned to Macaulay, who was sitting in the passenger seat and who told officers he was fearful the former Marine would kill him, too.
Floyd acknowledged he threatened to kill Macaulay, for fear he also had a gun. "I point the gun at his face and tell him to get out of the car and get on his knees , and if he doesn't I'm going to blow his face off," Floyd said.
There were some contradictions amid statements from witnesses. While Floyd said he warned Kenney, Macaulay said Floyd never said a word before firing. In the first part of Floyd's 80-minute interview with troopers, he told police he said nothing to Kenney before shooting him.
But, according to the report, Macaulay said he understood why Floyd shot Kenney. "He stood up for a cop, and he was doing a great job," Macaulay said. "He was doing the right thing.
OK, most of the article is about Floyd, and I have no problem with Floyd's actions. I am pleased there were no charges brough against Mr. Floyd. He reacted properly given the situation as he saw it.
However, I watched the video and I can't believe the final report states that the police officer involved, Bruce McKay acted properly. Maybe there's more video, but based on what's here, McKay comes off like a bully. If all this information was in the possession of McKay's superiors, they are to blame as well. Fellow officers and town selectmen had to know there was a problem. I seem to recall reading that Officer McKay was not supposed to stop Kenney. It definitely seems like a preventable tragedy.
3 years ago