Deadly shooting outside New Boston Space Force site was justified, AG says

Apr. 9—Investigators with the Attorney General's Office have ruled a fatal shooting involving a police officer and a contracted security guard at the New Boston Space Force Station last year was justified.

On May 13, 2022, around 11:30 p.m., New Boston police officer Shane Morton and Peter White, an on-site security guard, both responded to an incident at the federal site involving 33-year-old Michael Foley, of Massachusetts.

On Friday, the Attorney General's Office released a 34-page report saying Foley was exhibiting signs of mental distress during an interaction with Morton and White, after Foley arrived at the federal facility driving a purple-colored, 1995 Chevrolet Prism with the lights turned off.

Officials said Foley approached the station's security gate, located near 317 Chestnut Hill Road, with a knife and gun, while making threatening gestures toward White.

The attorney general's investigation found that Foley had an Air Soft pistol, a knife, two propane tanks and a gasoline container in his possession at the time of the incident.

On Friday, Associate Attorney General Jeff Strelzin said the shooting was justified because White believed Officer Morton's life was in danger.

According to the AG's findings, after Officer Morton arrived on scene, Foley began to "pace more actively around his car."

"Officer Morton ordered Mr. Foley several times to drop the gun and speak to officers," the report says. "Mr. Foley did not respond to those repeated commands. Instead, Mr. Foley extended both of his arms out from his sides and pointed his weapons in the direction of both After not responding to Officer Morton for several minutes, Foley responded to a question about what he wanted by saying, 'FBI,'" the report says.

"As time went on, Mr. Foley became increasingly agitated," the report says. "At one point, he stated, 'FBI or your life means nothing to me.'"

Less than a minute later, the report says, Foley walked from his car in the direction of Officer Morton and raised his left hand, pointing his pistol at the officer.

"Security Member White also saw Mr. Foley raise his left hand and move aggressively towards Officer Morton, who then fired his rifle two times at Mr. Foley, missing him each time."

White reported he then saw Foley on the passenger side of his vehicle, crouching and kneeling. "Believing that Mr. Foley was armed and a threat to officer safety and base security, Security Member White fired one shot at Mr. Foley from his rifle," the report says. "Mr. Foley was struck by that gunshot and fell to the road."

Investigators reviewed Foley's cellphone, which revealed text messages between him and a contact identified as "Katie" on April 18, 2022, including messages stating, "I'm just letting u know I want to die. I can't take it anymore. Everything is just crumbling."

On April 28, 2022, the web history for the phone showed multiple contacts with suicide prevention websites and hotlines, investigators said.

According to the attorney general's office, Foley was formerly enlisted in the Army National Guard and "it appeared that (he) may have been living inside his car prior to the incident."

An Air Force review board said in August that White was justified in shooting Foley.

No criminal charges will be filed against the officer or the security guard involved in the shooting, officials said.

Located in portions of New Boston, Amherst and Mont Vernon, the tracking station was operated by the U.S. Air Force for decades. In 2020, it was transferred to the Space Force, the sixth branch of the U.S. armed forces, which was created during the Trump administration.

The 2,800-acre facility is officially named the Peterson Space Force Base.