Determination Made on Use of Force in Officer-Involved Shooting in Milan, New Hampshire on May 21, 2026

Concord, NH - Attorney General John M. Formella announces that the Attorney General's Office has made a determination as to the lawfulness of the police officer shooting of Zachary Gagne (age 38) in Milan, New Hampshire on the evening of May 21, 2026.

At about 8:54 p.m. on May 21, Corporal Jason Silva of the Berlin Police Department responded to a 911 call where Mr. Gagne's wife requested police assistance. During that incident, Corporal Silva fired several shots at Zachary Gagne, striking him in the hand, upper arm, and abdomen.

Although Mr. Gagne survived, Corporal Silva's shooting of him constitutes the use of deadly force under the law. The Attorney General's Office has conducted a full investigation in order to determine whether the use of deadly force against Mr. Gagne was legally justified. After a review of evidence gathered during the course of the investigation, the Attorney General has determined that Corporal Silva's shooting of Zachary Gagne was a legally justified use of deadly force.

The Coos County Attorney's Office has initiated legal proceedings against Zachary Gagne in connection with events relating to his May 21st encounter with Corporal Silva. Those charges are pending. N.H. Rules of Professional Conduct 3.6(a) states that "a lawyer who . . . has participated in the investigation . . . of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter." As a result, the Attorney General's Office is unable to release further information about its investigation at this time. However, when the current legal proceedings against Mr. Gagne have concluded, the Attorney General's Office will issue its full report on the investigation into Corporal Silva's use of deadly force, with the associated findings and reasoning behind the determination made.