Jack Hutchings’ family is calling for an independent review of the state’s investigation into the fatal shooting that ended their son’s life.
Former New Hampshire attorney general Michael Delaney, who’s representing the family, labeled the current investigation into Hutchings’ death “unusual” and called for an additional review.
In a statement shared by Delaney, Hutchings’ family said they want an “impartial, independent” examination of the evidence.
“The days when local police chiefs decided whether they properly killed someone should have ended during the Civil Rights Movement,” the family said on Friday. “Apparently not in Peterborough. Jack Hutchings’ family simply wanted an impartial, independent review of what happened leading to their son’s killing. ”
The family’s request comes after the attorney general’s office and the Peterborough Police Department gave conflicting statements to the Ledger-Transcript about whether the investigation was complete.
While Peterborough Police Chief Scott Guinard said he was informed that the state’s investigation had completed — allowing Peterborough to conduct its own internal review and return MacPherson to its roster — the attorney general’s office maintains that it is ongoing.
“The fact that the Peterborough Police Department and the New Hampshire Attorney General are providing conflicting accounts about whether this review is pending or completed is stunning and ridiculous,” the family said in its statement. “A man is dead after all. It is time for the Attorney General to authorize an outside review. Otherwise, Peterborough citizens will never have confidence in whatever process is or is not pending.”
While the family has called for an external review, Michael Garrity, deputy chief of staff at the attorney general’s office, said the state’s investigation is independent. He said the office has communicated with both Hutchings’ family and the Peterborough Police Department about the active investigation. It has released little information to the public since the shooting on July 5.
“It remains active, and like any homicide investigation, it consists of an examination as to all the circumstances surrounding the death of Mr. Hutchings and expressly includes the review of whether the shooting was justified under the law, including self-defense or defense of others,” Garrity said in a statement.
MacPherson was in his yard with his young children when the shooting occurred, according to the attorney general’s office, which investigates all homicides in New Hampshire. Responding officers found Hutchings dead in the driveway from an apparent gunshot wound. MacPherson suffered “stab/incised wounds” and was brought to the local hospital, according to a press release issued at the time. The Office of the Chief Medical Examiner ruled Hutchings’ death a homicide five days later.
Delaney argued that, under existing protocols, the Department of Justice should conduct two separate investigations: a homicide investigation into whether Hutchings was “legally killed” and whether Douglas MacPherson, the off-duty Peterborough police officer who shot him, discharged his weapon properly.
Delaney contended that the latter was “skipped” and that state investigators “just blew it off.”
The attorney general’s office has said it is treating the incident as a homicide between two neighbors — not as an officer-involved shooting — because Douglas was not on duty at the time, and it is not looking into MacPherson’s use of his weapon.
Instead, the attorney general’s office and the New Hampshire State Police Major Crime Unit are investigating whether the shooting was justified under New Hampshire’s “stand your ground” law, which allows the use of deadly force in a life-threatening situation and removes any responsibility to retreat from attack when it’s safe to do so.
“The excuse that the 2nd investigation was skipped because the weapon discharge occurred off duty is an excuse that finds no justification under the DOJ policy,” Delaney said in an email.
In response, Garrity reaffirmed the attorney general’s office’s investigation practices, saying Delaney “appears to be confused and mischaracterizes homicide investigations.”
The office stated, “The fact that the person who caused a death is an off-duty police officer does not, by itself, change the nature of this case or mean some second investigation is required.”
MacPherson was cleared to return to the force after a psychological evaluation, in line with the department’s use-of-force policy. He officially returned to work on Sept. 21.