AUGUSTA — In a report issued Friday, Maine Attorney General Janet Mills has concluded that Maine State Trooper James McDonald was justified in using deadly force when he fired his weapon at Leonard Maker, 42, at Maker's Searsmont residence Sept. 20, 2013.

"At the time Trooper MacDonald fired his weapon at Mr. Maker, Trooper MacDonald reasonably believed that unlawful deadly force was imminently threatened against him and Trooper [Desiree] Wuthenow, and that it was reasonable for Trooper MacDonald to believe it necessary to use deadly force to protect himself and Trooper Wuthenow from that imminent threat of deadly force by Mr. Maker.

The report said that Mills' conclusions are based on an extensive scene investigation, on interviews with numerous individuals, including Maker, whose statements to investigators were consistent with the accounts of the troopers, and on a review of all evidence made available from any source.

MacDonald was attempting to serve Maker with a Maryland protection from abuse order and to arrest him on five warrants for failing to appear in court that Friday afternoon last September, when a confrontation led to the wounding of Maker. According to the report, a Waldo County Sheriff's deputy who had previously dealt with Maker told MacDonald that Maker's wife and child had left Maine and moved to Maryland and that Maker had recently lost his job.

The five outstanding arrest warrants were for failure to appear in court on charges of violating conditions of release, operating after suspension and negotiating a worthless instrument.

The deputy also told the trooper that given the situation, and his observations at the time of his previous arrest of Maker, he felt that Maker was "potentially suicidal or assaultive."

Around 3 p.m. that day, MacDonald and Wuthenow went to Maker's father's residence on New England Road, where his mother in Northport told police he was staying. Maker came to the door, but only spoke to the troopers through a small opening in the door, where a pane of glass had been removed. Covering the hole was a curtain, the Maker moved aside to speak with Wuthenow and MacDonald, who both tried, without success, to get Maker to come outside.

MacDonald told Maker that he had multiple warrants for his arrest, and that he need to step outside.

While still talking to the troopers, and continuing to refuse to open the door and go outside, Maker told Macdonald he needed to get a drink of water before he came out, according to the report.

"Trooper MacDonald told Mr. Maker that he did not want him to leave his sight and that if he did not come outside, the troopers would come in," according to the report.

Maker did leave the door, closing the curtain in the process, at which time MacDonald attempted to open the door by kicking it.

"Upon forcing the door open, Trooper MacDonald was immediately confronted in a kitchen area by Mr. Maker pointing a shotgun at him. Trooper MacDonald described Mr. Maker as being so close that he could have touched the shotgun. Trooper MacDonald retreated from the kitchen and fired multiple rounds from his .45 caliber handgun in the direction of Mr. Maker," according to the report. "Trooper Wuthenow, believing that Mr. Maker might escape from the rear of the residence, started to run around to the back of the residence but ran back to the front when she heard Trooper MacDonald giving commands to Mr. Maker to get down on the floor."

The trooper fired four rounds at Maker.

When MacDonald re-entered the residence, after hearing what he thought was Maker's shotgun hitting the floor, he saw Maker getting to his feet.

"Trooper MacDonald ordered Mr. Maker to the floor and Mr. Maker pointed to his own chest and told Trooper MacDonald to shoot him, then pointed to another firearm leaning against a wall," according to the report.

While Wuthenow secured the shotgun, MacDonald struggled with maker in an attempt to move him away from the second firearm in the room and at one point in the effort, MacDonald use pepper spray in an attempt to control and subdue Maker's resistance.

After successfully pushing Maker out of the house onto the lawn, and restraining him, it was discovered that Maker had been shot in the hand and a state Game Warden, who had since arrived at the residence, provided medical aid until Maker was taken by ambulance to a nearby hospital.

Only one of the four shots fired by MacDonald struck Maker, with that one striking him in the hand and shattering the wooden stock on the shotgun. It was also determined that Maker's 12-gauage shotgun was loaded with a single slug round.

According to the report, it was later learned that Maker's mother had called him after she had contact with the troopers that afternoon, and informed Maker that State Police were looking for him. He also acknowledged he had seen the State Police cruiser and the troopers drive by and then approach his residence.

The report also noted that the front door that MacDonald had trouble breaching had been screwed to the door frame.

Maker was later indicted by a Waldo County grand jury on felony charges of criminal threatening with a dangerous weapon and reckless conduct with a firearm. He was also indicted on a misdemeanor charge of refusing to submit to arrest.

Editorial Director Holly S. Edwards can be reached at hollyedwards@penbaypilot.com or 706-6655.