The Maine Attorney General's Office cleared two South Portland officers in the fatal shooting of Michael S. Norton on Aug. 25 and noted that he had tried unsuccessfully to buy a shotgun three days earlier.

The investigation determined that Officers Benjamin Macisso and John Sutton were legally justified in using deadly force against Norton after a three-hour standoff at his home at 745 Main St., according to a report issued this afternoon.

Under Maine law, an officer is justified in using deadly force for self-protection or protection of someone else from deadly force.

Coworkers, medical professionals and family members had told police that Norton was suicidal in the days before the shooting. On Aug. 23, Norton was taken into protective custody and taken to a hospital for evaluation but later was able to check himself out of the facility.

The night of Aug. 24, police learned that Norton had been drinking and taking prescription drugs. When they contacted Norton at his house by telephone he said he was armed with knives and was going to charge police. Outside the residence just before 2 a.m., he urged police to shoot him in the chest then advanced with knives in both hands on two officers who were about 15 feet away, the report said.

Macisso, armed with a .223 caliber rifle, fired at Norton, killing him with a single shot to the neck and jaw. Sutton fired simultaneously with a less lethal beanbag round, but there was no evidence the beanbag hit Norton, the investigation said.

The report concludes the officers reasonably believed Norton was threatening the other officers with deadly force and that deadly force was needed to protect them.

A video recording made by Channel 8 at the scene was reviewed by investigators and confirmed what witnesses described, the report said.

The report also notes that Norton tried to buy a .12 gauge shotgun Aug. 22, in Scarborough but was unable to because of a delay in the computerized system that checks people to make sure they are not prohibited from buying a gun.

The store later received authorization for the sale and planned to notify Norton Aug. 25, the day of the shooting.

The investigation was reviewed by District Attorneys Evert Fowle and Geoffrey Rushlau because Officer Sutton is married to an employee of the Attorney General's Office.

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