LEWISTON — Police Cpl. Jeremy Somma acted appropriately when he fired rounds at a man believed to have been shooting at police during a downtown foot chase Nov. 18, 2020, according to an Attorney General Office’s report released this week.
Jidoshua R. Boyd Lewiston Police Department photo
The report said it appeared Joshua R. Boyd, 28, was firing on police as they pursued him down Howe Street while investigating a report of a man threatening others with a gun.
Boyd, who was later sentenced to serve five years in prison, was not struck by gunfire. Neither was Somma, who fired a single shot at Boyd after seeing a muzzle flash and hearing gunshots.
“It is the determination of the Office of the Attorney General that when Corporal Somma fired at Mr. Boyd, he reasonably believed that Mr. Boyd was shooting at him,” according to the A.G.’s findings. “All the facts and circumstances point to the conclusion that Corporal Somma, at the time he used deadly force, acted in self-defense.”
During questioning by police, Boyd had said he’d been at Howe Street to collect money and had encountered a police officer while leaving, according to Assistant District Attorney Neil McLean.
Boyd had fled on foot and, while running, had reached into a pocket where he had a gun, which he knew he was forbidden from having because of a 2014 conviction for aggravated assault, according to court documents.
When he tried to remove the gun from his pocket, it discharged. Once it was outside his pocket, it discharged at least one more time, he told police, according to court documents.
Police later found shell casings in the street where Somma said he’d chased Boyd. The casings matched the recovered handgun, McLean said.
The gun turned out to have been stolen, he said.
In June 2021, Boyd pleaded guilty to criminal threatening with a dangerous weapon, reckless conduct with a firearm, possession of a firearm by a prohibited person and violation of condition of release, all felonies. He also pleaded guilty to falsifying physical evidence and refusing to submit to arrest or detention, both misdemeanors.
Keeping to a plea agreement with prosecutors, Boyd was sentenced to 10 years in prison, but half of that time was suspended.
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