AUGUSTA —Attorney General Aaron M. Frey found the June 10, 2024, use of deadly force by a Waldo County Sheriff’s sergeant to be reasonable.

Sgt. Nicholas Oettinger was with two other law enforcement officers when he responded to the residence of Daniel Ryan, 64, of Belfast, who was killed during the confrontation. 

In a letter to Waldo County Sheriff Jason Trundy, dated March 6, Frey recounted the circumstances leading up to the shooting death of Ryan, who holding a burning gas can near officers at the time of his death. 

The shooting occurred around 1:20 p.m. after Ryan called Waldo County Regional Communication Center demanding that Belfast Police come to his home immediately, while threatening to burn his house down, according to a summary provided in the letter. 

After confirming the identity of the caller, a dispatcher called Ryan back, who reportedly seemed more agitated during the second call. During this call he stated that the police had about 10-15 minutes before he would burn the house down, once again demanding Belfast Police respond. 

Ryan was found on the second floor of a six-unit apartment building by two responding Belfast police officers. Officers engaged with Ryan outside the building, while Ryan continued threatening to burn down the building, the summary said. 

Officers reportedly attempted to evacuate other residents of the building, but were unable to make contact with all of them. One of the officers observed large propane tanks behind the building and requested the Belfast Fire Department shut the tanks off. 

In order to protect the residents of the building, the officers made entry into Ryan’s apartment to take him into custody, the report said. 

It is noted that both of the responding officers were familiar with Ryan because they had responded to the hospital earlier in the week to help staff restrain Ryan so that he could be treated. They had also been to Ryan’s residence earlier the same day because they had been asked to perform a welfare check. The officers reportedly left after Ryan assured them he was not planning to harm himself. 

A request was made that the Belfast FD and emergency medical services stage at the scene, and that additional law enforcement units respond. Three Waldo County Sheriff deputies responded, including Sgt. Oettinger. 

Officers were reportedly able to hear Ryan breaking glass and yelling that he would burn the place down.

Oettinger, along with a Belfast officer and another deputy, approached the apartment via an interior stairway.

Oettinger unsuccessfully attempted to kick the door down, leading the other deputy to retrieve a sledgehammer and knock the door open.

Oettinger entered the residence first, armed with a rifle, followed by the Belfast officer, who had a taser, and the second deputy; Oettinger and the Belfast officer were both wearing body cameras. 

Ryan reportedly emerged from a room to the left of the officers, brandishing a five-gallon gas can that had flames shooting out of the top. Oettinger could be heard on his body camera commanding Ryan to put [the can] down, put his hands up, and drop it, among other commands, the report said.

Oettinger shot Ryan after he failed to comply with his commands, and yelled at the other two officers to get out of the house. Oettinger later told investigators that he shot Ryan because he was concerned that the flaming gas can would blow up and that he and the other two officers would be housed with gasoline and set on fire. 

After law enforcement exited the apartment, a Belfast Police officer accompanied members of the fire department into the apartment to douse the flames. Ryan was declared dead at the scene with gunshot wounds to his chest and abdomen. 

It is noted in the letter that under Maine law, for a law enforcement officer to lawfully use deadly force in self-defense or the defense of others, two requirements must be met.

First, the officer must reasonably believe that unlawful deadly force is imminently threatened against the officer or another person, and second, the officers must reasonably believe that the use of deadly force is necessary to defend the officer or other person.

After independent investigation, the Attorney General’s Office concluded that Oettinger reasonably believed that Daniel Ryan was posing an imminent threat of serious bodily injury or death, not only to Oettinger, but also to the other two officers accompanying him, as well as other individuals occupying units in the apartment building.

Oettinger was aware that Ryan was threatening to burn down the apartment and observed him break the apartment windows while yelling he was going to burn the building down, and when officers went into the apartment, Ryan came out of a room swinging a burning gas can in the direction of the officers. Ryan also ignored Oettinger’s commands to put the gas can down, the summary said.

“All the facts and circumstances point to the conclusion that Sgt. Oettinger reasonably believed he was acting in self-defense and the defense of others at the time he used deadly force,” the letter concluded. 

Erica Thoms can be reached at news@penbaypilot.com