By Gillian Graham

Staff Writer

The Maine attorney general ruled a Biddeford police officer was legally justified when he shot and killed a woman outside her Main Street apartment in March. 

Attorney General Janet Mills concluded Sgt. Jeffrey Greene was legally justified under Maine criminal code when he shot and killed 47-year-old Barbara Stewart on March 24, according to a report released last week. The attorney general’s investigation found Greene believed deadly force was being “imminently threatened against him” by Stewart and other officers in the vicinity, and he believed his use of deadly force was necessary to stop the threat, according to the report.

Under Maine law, an officer may be justified in using deadly force if the officer or a third person is threatened with deadly force and the officer believes it is necessary to counter the threat.

Included in the report was a timeline of the evening of March 24. Stewart, who lived at 356 Main St., called 911 at 7:18 p.m. and told the dispatcher, “I’m gonna kill myself or somebody else and I have a gun.” She then hung up the phone. 

Several Biddeford officers immediately responded to the call, including Greene, an eight-year department veteran. Greene, Sgt. Philip Greenwood and Officer Benjamin Sholl arrived at the building in separate cruisers within three minutes. A video camera mounted in Sholl’s cruiser recorded the scene, according to the report.

When officers arrived, Stewart was standing on the sidewalk at the base of the stairway leading to the apartment building. Believing her to be a pedestrian unrelated to the call, Greene approached Stewart and, from about 30 feet away, asked if she lived in the building. She responded she did and Greene asked her which apartment she lived in.

Stewart then turned to directly face Greene and displayed to him and the other officers what they believed to be a semi-automatic pistol. While retreating, Greene broadcast “she’s pointing a gun at me” on his portable radio, according to the report. 

The officers saw Stewart grasp the pistol with both hands and point it directly at Greene. In response, all three drew their weapons and began issuing commands for Stewart to drop her gun. Stewart began to walk toward Greene as he and the other officers sought cover; Greenwood went to a neighboring building while Sholl retreated to his cruiser, according to the report.

As Stewart moved toward him – still pointing the gun – Greene retreated into the street before taking a stationary position next to a utility pole. The three officers told Stewart to drop the gun at least 15 times. With the gun pointed at Greene, she continued to walk toward the officer and responded “no” to at least two of their commands, according to the report.

When Stewart was within 10 feet of him, Greene asked her if the pistol was real and she responded, “It’s ready,” according to the report. As she continued to advance toward him, Greene discharged the first of three rounds at Stewart, striking her in the left shoulder. After she was shot, she crouched forward and the gun struck the sidewalk. Instantaneously, she stood upright with the gun in her hand and the muzzle pointed at Greene, according to the report.

At the same time, Greene discharged two additional rounds in quick succession. Investigators later determined the second of those rounds struck Stewart in the upper chest, according to the report. Medical assistance arrived within minutes and Stewart was pronounced dead at Southern Maine Medical Center.

One minute and 22 seconds elapsed between the time Greene arrived and Stewart was shot, according to the investigation. The investigation also determined the weapon Stewart brandished was a silver and black pellet air pistol designed to shoot .177-caliber pellets. The pistol is similar in appearance to a semi-automatic pistol, according to the report.

An investigation into the incident revealed Stewart left a dated handwritten suicide note in her apartment that detailed what to do with her belongings. The Biddeford Police Department conducted its own extensive review of the incident. The three officers involved were placed on administrative leave during the internal investigation, as is standard in all police-involved shootings.

Deputy Police Chief JoAnne Fisk said in March that it had been more than 40 years since the last police shooting in the city. Repeated phone calls to the Biddeford Police Department seeking comment on the internal investigation were not returned by press time Tuesday.

Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.