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Weare pays $300,000 to family of man killed in August shooting

The family of the 35-year-old man shot to death last year by a Weare police officer has agreed not to sue the town in exchange for $300,000.

A settlement agreement was signed June 10, and the town’s insurer, Primex, transferred the money this week, according to the town’s attorney. The money will go to Michelly Rodriguez of Nashua, who is the administrator of the estate for the man, Alex Jose Cora de Jesus.

De Jesus was killed late Aug. 14 while fleeing a drug bust at Lanctot’s Plaza on Route 114. Two police officers opened fire, striking de Jesus once fatally in the temple. He was unarmed throughout the exchange.

An eight-month investigation into the incident ultimately absolved the fatal shooter, Officer Nicholas Nadeau, from criminal charges. In a report detailing the investigation, released in April, the attorney general’s office said it could not determine whether Nadeau had been justified.

The report was highly critical of the police department, insisting that the five officers involved had no real plan going in, and that the ranking officer, former sergeant Joseph Kelley, should have called for backup from other agencies. Kelley was fired in November for unrelated department violations, which he is contesting.

Lawrence Vogelman, the attorney for the de Jesus’s estate, said in April he planned to file a wrongful death suit against the town. No suit was ever filed.

Vogelman was out of the office yesterday afternoon and did not respond to an email requesting comment. The town’s attorney declined to comment and asked that his name not be used.

According to the suit, the family has relinquished all potential legal claims against the town, its officers and contracted workers. Two other family members are named in the agreement: Jose Cora Figueroa and Juana de Jesus Ortiz. It is unclear what their relation is to de Jesus.

De Jesus, a Puerto Rican immigrant, had been living in Manchester at the time of the shooting. He was convicted of illegal drug sales in 2010, and the state prosecutors said a suspended prison sentence from that case was the likely reason he fled.

(Jeremy Blackman can be reached at 369-3319, jblackman@cmonitor.com or on Twitter @JBlackmanCM.)

Legacy Comments3

That's Weare for ya. Silly Weare . . . pennywise and pound foolish.

Oh, come on! It's a matter of public record, isn't it? Reference: " The town’s attorney declined to comment and asked that his name not be used. " While in search of it I found your first report of this over at: http://www.concordmonitor.com/home/8078724-95/police-in-weare-shoot-kill-man-during-drug-sting-operation by Jeremy Blackman too, thank you also to commentator livegreenordie in Reply #1 of 1 last Aug. 16th '13 for that other Weare reference to: http://en.wikipedia.org/wiki/Pine_Tree_Riot

And yet another Police Agency is forced to settle up on damages they caused. Be at paid to the victim of a heavy handed Police Department or paid out to a former employee because the Chief is a lying incompetent egotist this all must stop!! First and foremost it is NOT insurance money, it is taxpayer dollars. Primex is made up of Towns and Cities across NH who use taxpayer dollars to establish an insurance pool. As of late, several departments have secretly settled with former Officers for Constructive discharge because the Chief did not like the employee and decided to set him or her up for failure. The result being in many many cases, a good officer out of a Job with no other agency willing to hire him/her because of the things the lying chief claims. In the end the Good officer's career is destroyed, the lying Chief is still the Chief and the Tax payers secretly pay out hundreds of thousands of dollars. The moral of the story; the Chief is solely responsible for his actions and BEST start acting responsible before more people die and be more responsible before more good officers are screwed over and taxpayer dollars are used secretly to buy their silence.

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