September 10, 2026
Sheriff Ken Mason
Kennebec County Sheriff’s Department
73 Winthrop Street
Augusta, ME 04330
Dear Sheriff Mason:
This office has completed its investigation and legal review of the incident involving the use of deadly force by Deputies Jeffrey Boudreau and Elijah Curtis on December 14, 2025, in Augusta, which resulted in a non-fatal injury to Dustin Smith, age 33.
Factual Summary
On December 12, 2025, the Augusta Police Department issued a File 13[1] to area police agencies for Dustin Smith, who was wanted for trafficking in scheduled drugs, illegal possession of a firearm, terrorizing, violation of conditions of release, and assault. The File 13 advised that Mr. Smith was in possession of two firearms and was known to be staying in a camper on Cross Hill Road. The teletype also advised Mr. Smith had made comments to his parents about "suicide by cop." On December 13, 2025, Augusta Police Detective Benjamin Murtiff received information that Dustin Smith was making threats against him and other individuals because Detective Murtiff was involved in an investigation of Mr. Smith in connection with a drive-by shooting. The Augusta Police Department teletype was updated to include the information about Mr. Smith looking for a detective’s home address "to take them out."
On December 14, 2025, Deputy Elijah Curtis was working an overtime shift from 4:00 p.m. to 4:00 a.m. for the Kennebec County Sheriff's Department. At the beginning of his shift, Deputy Curtis reviewed the File 13 regarding Mr. Smith and was also aware, from reading an email a day or two earlier, law enforcement officers were attempting to locate Mr. Smith. While responding to a call in Pittston, Deputy Curtis decided to drive by a residence on Ferry Road in Chelsea where he had previously seen Mr. Smith. As he drove past the residence, Deputy Curtis recognized a Honda Accord parked in the driveway as belonging to Mr. Smith's sister. Deputy Curtis then contacted a neighbor of the Ferry Road residence and learned that a man matching Mr. Smith's description had been an occupant of the Honda and was inside the residence. Later, the neighbor contacted Deputy Curtis to report the Honda was leaving the residence with four occupants and a male matching Mr. Smith’s description was driving the vehicle. Shortly thereafter, Deputy Curtis observed the Honda approaching his location and believed the driver to be Mr. Smith but couldn’t make a positive identification. Deputy Curtis began following the Honda and when the vehicle appeared to accelerate, Deputy Curtis activated his emergency blue lights in an effort to stop the vehicle.
Deputy Jeffrey Boudreau, aware Deputy Curtis was pursuing the Honda, joined the pursuit and assumed the lead position. At the same time, other deputies coordinated with the Augusta Police Department and the Maine State Police because the incident was considered a high-risk situation. While Deputy Boudreau was pursuing the Honda with lights and siren activated, he was able to get close enough to the vehicle to identify Mr. Smith as the driver of the car. The pursuit continued over several roads in the Whitefield, Windsor, and Cooper Mills area. While on the Cooper Mills Road in Windsor, just as dispatch was relaying that the driver reported, through a 911 call, a threat to kill everyone in the vehicle if law enforcement did not back off, both Deputy Curtis and Deputy Boudreau saw a handgun come out of the driver’s side window of the Honda and observed a muzzle flash from the handgun as it was fired in the direction of the deputies.
As the pursuit approached the City of Augusta, Deputy Nick Gage successfully deployed a spike mat. Mr. Smith drove over the spike mat and continued toward Augusta. As the Honda slowed to negotiate a turn, one male and one female exited the vehicle. The pursuing deputies maneuvered around the individuals in the roadway and continued the pursuit. The pursuit ended on Allen Street in Augusta when Mr. Smith pulled into a driveway and parked next to a truck. The pursuit lasted approximately 26.9 miles, at times approaching speeds of 100 mph.
Deputy Curtis stopped his vehicle approximately 15 feet behind Mr. Smith’s and observed Mr. Smith with his arms and legs outside the Honda, pointing a handgun directly at the deputy. Deputy Curtis grabbed his rifle and fired multiple rounds through his windshield toward Mr. Smith. Deputy Boudreau, parked behind Deputy Curtis, saw the driver’s side door open and observed Mr. Smith pointing a pistol in his direction and heard a rifle shot. Deputy Boudreau then fired his weapon although he was not certain if Mr. Smith was actually firing his weapon. Deputy Boudreau estimated he was 8 to 11 yards from Mr. Smith when he discharged his weapon. At the same time, an Augusta Police Department vehicle, driven by Detective Murtiff, approached from the opposite direction on Allen Street and rammed the Honda, pushing it into the adjacent parked truck.
Mr. Smith and a female passenger, both in the Honda when it was struck, initially refused to come out of the vehicle. Ultimately, both surrendered to police. Mr. Smith was taken to Maine General Medical Center by Augusta Police Department and treated for what appeared to be a bullet graze to the left shoulder. He was medically cleared for incarceration. The female passenger was taken into custody uninjured.
Deputy Boudreau later told investigators with the Attorney General’s Office he fired at Mr. Smith because he believed Mr. Smith was going to kill him. He noted Mr. Smith had fired at him during the pursuit, and upon arriving at the Allen Street address, he saw the driver’s door open with a pistol pointed directly at him. Deputy Curtis told investigators he was scared for his life and feared he would never see his wife and children again.
Mr. Smith was interviewed by a detective with the Attorney General’s Office. He told the detective that when the car came to a stop on Allen Street, he was holding a gun so the officers knew he had it because he wanted more time and he wanted the Deputies to back off. Mr. Smith told the detective he fired out the window, up in the air, during the chase in another attempt to get the police to back off. Mr. Smith confirmed for the detective he mentioned “suicide by cop” to his parents because he did not want to go to jail for 10 years. He further stated he was thinking about “suicide by cop” when the events occurred, but he wasn’t trying to hurt anyone. Mr. Smith told the detective he did not have any more bullets in his gun because he used them all, firing his weapon during the pursuit.
Investigators with the Attorney General’s office located a Taurus 9mm handgun on the front, driver floorboard. There was one cartridge in the chamber and the magazine was empty. A shotgun was located in the trunk of the vehicle. Mr. Smith has been indicted by the Kennebec County Grand Jury on two counts of aggravated attempted murder, possession of a firearm by a prohibited person, violation of condition of release, unlawful possession of scheduled drugs, eluding an officer, aggravated operating after habitual offender revocation, criminal speed, driving to endanger, terrorizing and violation of condition of release. He is awaiting trial.
Discussion and Legal Analysis
The Office of the Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer who, while acting in the performance of the officers’ duties, uses deadly force.[2] The detectives who conduct these investigations are independent of any other law enforcement agency. The sole purpose of the investigation in this matter was to determine if a criminal prosecution was warranted or if self-defense or the defense of others was reasonably generated by the facts.[3] Any such prosecution would require the State to disprove self-defense or the defense of others beyond a reasonable doubt.
The investigation did not include an analysis of whether any personnel action might be warranted, whether the use of deadly force could have been averted, or whether there might be civil liability. Indeed, state law provides that the fact that conduct may be justifiable under the Maine law does not abolish or impair any other remedy available under the law. Whether the use of force by a law enforcement officer is reasonable is based on the totality of the particular circumstances and is judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a given situation. The legal analysis requires careful attention to the facts and circumstances of each case, including the severity of the crime threatened or committed and whether the suspect poses an immediate threat to the safety of others.
Conclusion
When Deputies Curtis and Boudreau shot at Mr. Smith, they reasonably believed that Mr. Smith was going to shoot them. Prior to Mr. Smith stopping at the Allen Street address, both deputies possessed extensive information indicating Mr. Smith could pose a danger to law enforcement. They were aware of the File 13 warning Mr. Smith possessed firearms, wanted to “take out” a law enforcement officer, and was threatening to commit “suicide by cop.” Mr. Smith engaged the officers in a high-speed pursuit, fired several rounds in their direction, and threatened to kill the passengers in the vehicle if the officers did not back off. During the 26.9-mile pursuit the officers did not return fire until Mr. Smith stopped on Allen Street, opened the car door, and pointed a firearm at both deputies while partially exiting the vehicle. Prior to pointing his gun at the deputies, Mr. Smith had already demonstrated his willingness to fire his weapon. All the facts and circumstances support the conclusion when the deputies used deadly force against Mr. Smith, they acted in self-defense.
Sincerely,
Aaron M. Frey
Attorney General
Endnotes
A File 13 is a secure message sent between law enforcement agencies.
5 M.R.S. § 200-A
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 officer must reasonably believe that the use of deadly force is necessary to defend the officer or other person. 17-A M.R.S. § 107(2)(A).