The Fall Of The Self-Appointed King and Queen of Salem, NH.
Maverick Investigative Services was engaged to investigate the circumstances of a Noise Complaint at on June 28, 2024.
The Noise Complaint resulted in a response from Salem Police Department, who took eighteen (18) juveniles into custody, and charged fifteen (15) of the juveniles with Unlawful Possession/Intoxication of Alcohol (RSA 179:10). The Salem Police Department also charged the homeowner with Facilitating/Hosting an Underage Drinking Party (RSA 644:18).
Specifically, Maverick Investigative Services was asked to investigate whether Salem Police Department Deputy Chief Shane Smith, "tipped off,” who were at the party that the police were en route to, as had been rumored.
Maverick Investigative Services conducted interviews with parents, as well as juveniles who were at the party. Maverick Investigative Services interviewed individuals who had been charged with a violation of RSA 179:10, individuals who were released to parents from …………….. and not charged, and individuals who were at the party but evaded police because they ran from the scene.
Maverick Investigative Services also sent a 91-A Right to Know request to Salem Police Department Chief Joel Dolan. The requested information included all police reports for the incident, the SPD duty roster, to include officers assigned to extra duty details, the IMC Dispatch Log, a copy of the Audio Dispatch Communications, and SPD's General Orders that covered response to Underage Drinking Events.
Maverick Investigative Services also sent a 91-a Right to Know request to Salem Town Manager Joe Devine. The requested information included Deputy Chief Shane Smith's town cell phone records, which is paid for by the Town of Salem. Also requested were the town cell phone records for Captain Jason Smith and Captain Joe Keating, which the Town of Salem also pays for.
The interviews conducted by Maverick Investigative Services all had a common theme. Those interviewed asserted that no Salem PD officer observed any juvenile in physical possession of an alcoholic beverage. The Salem Police did not administer a portable breath test (PBT) to any individual on scene at ………………. Salem Police ordered individuals to line up behind the transport van and once the van was full transported those individuals to Salem Police Department and did not return to ……………. for the remainder of the juveniles. The remaining juveniles were released from …………… to a parent and were not charged with a violation of RSA 179:10. The juveniles that were transported to Salem PD, clearly in custody, were not advised of their Miranda Rights before being asked to submit to a PBT. All of those who were interviewed stated that Salem PD did not tow any vehicles from the residence.
Maverick Investigative Services learned that those who appeared for arraignment at Salem District Court on August 19, 2024 were offered a plea deal from the Salem Police Prosecutor. The Salem Prosecutor offered to Nolle Pross the 179:10 charge, which carries a minimum fine and penalty assessment of $372.00 and a likely loss of license for 90 - 180 days and offered a Consumption of Alcoholic Beverage violation under the Salem Town Ordinance (TO-181-1) with a $100.00 fine. It seems clear that the Salem Police Prosecutor recognized the deficiencies with the Salem Police investigation. Further on August 20, 2024, Chief Dolan issued a training order for all full-time personnel. The order indicates that Dealing with Underage Drinking Events will be the subject of roll call training September 16-20. This also seems to indicate that the Chief of Police recognized the procedural missteps of the investigation and has deemed that corrective action is necessary.
Maverick Investigative Services reviewed the responsive documents from the 91-a Right to Know request sent to Chief Dolan and TM Devine. Maverick Investigative Services learned that the town cell phone records of Deputy Chief Smith, Captain Jason Smith, and Captain Joe Keating did not reveal anything nefarious. However, Maverick Investigative Services learned that Deputy Chief Shane Smith and Captain Joe Keating's town cell phone numbers are different from their personal cell numbers, while Captain Jason Smith has the same number. This means that Deputy Chief Shane Smith and Captain Joe Keating have two cell phones and their personal cell phone records should be subpoenaed.
Maverick Investigative Services thoroughly reviewed the police reports and concluded that SPD's establishment of probable cause was weak. The reports indicate general observations of impairment, as well as observing alcohol containers on the ground. The documentation is not specific to an individual nor is there documentation of observing any juvenile in physical possession of alcohol. There is no documentation of portable breath tests (PBT) being administered on scene. SPD does not clearly or adequately explain why some juveniles were transported to SPD and charged, while others were released from the scene without charges. There is no documentation that those who were transported to SPD, clearly in custody, were advised of their Miranda Rights. The most egregious error made by SPD was not towing a single vehicle from the scene, which is contrary to the requirements under State v. Weldy. SPD documents that the street was lined with vehicles and that several juveniles were seen fleeing from the area.
Maverick Investigative Services also reviewed the SPD IMC Dispatch Logs and Audio file of Dispatch Communication. The first call to SPD reporting a Noise Complaint at ……………… was received at 11:10PM. The first officer, Joshua Peters (Badge # 208) was dispatched to …………….. at 11:10PM. At 11:17 PM, Officer Peters, Officer Markey (Badge #168) and his trainee, Officer Amardeep Singh (Badge # 215), as well as Sgt. Nicholas Menant (Badge # 185) all arrived on scene at ………….
At 11:19 PM, Sgt. Joshua Dempsey (Badge #157), Officer Paul Benoit (Badge #110), and Officer Benjamin Wilson (Badge #205) were all dispatched to the area and directed by Sgt. Manent, to check the top of Stanwood Rd. for juveniles who had fled. Stanwood Rd. can be accessed by going through the woods from …………….
At 11:21 PM, Officer Benoit calls a NH license plate into dispatch (3848900) and asks for confirmation that it comes back to a Jeep. Dispatcher Scott Deschene asks Benoit to repeat the plate number, which Benoit does. The audio is toned out as Dispatcher Deschene reads back the registered owner information (Driver Privacy Act). Officer Benoit then advised that the vehicle was occupied by a "female driver." Officer Benoit does not approach the vehicle or contact the driver, likely because he knew that the vehicle was registered to Samantha Smith, who is Deputy Chief Shane Smith's wife.
On 08/29/2024, Maverick Investigative Services conducted Surveillance and traveled to … Colleen Dr. Salem, NH. The residence of Shane and Samantha Smith.
Upon arrival, Maverick Investigative Services observed a powder blue Jeep Wrangler Unlimited (NH 3848900) parked in the driveway and captured a photograph of the vehicle.
Maverick Investigative Services then traveled the most direct route from .... Colleen Dr. to the top of Stanwood Rd. Investigators traveled the route at an average speed of 40 MPH, which is 10 MPH above the posted speed limit. Maverick Investigative Services timed the drive and arrived at the top of Stanwood Rd. in just over 7 minutes.
The SPD IMC Dispatch Log indicates that the first officer arrived on scene at ………… at 11:17PM. If …………….. ran from the party with the other juveniles when the first officer arrived on scene and immediately called …………. and Samantha Smith, who were able to immediately leave the residence at ... Colleen Dr. and drove directly to Stanwood Rd., she would have arrived at 11:24 PM, which is three (3) minutes after Officer Benoit called in the NH Plate: 3848900.
Lastly, Maverick Investigative Services spoke to a Confidential Source, who advised that Lt. Bob Kirley, who was the shift commander on the evening of 6/28/2024, attempted to call Deputy Chief Shane Smith immediately after Officer Benoit called in Samantha Smith's license plate at the top of Stanwood Rd. The Confidential Source advised that Deputy Chief Shane Smith did not answer the phone but texted LL Kirley, "sleeping" in response. If this information is accurate there will be evidence of same in personal cell phone records.
Based on the evidence that exists in the Salem PD responsive documents, it seems very unlikely that Samantha Smith would be at the top of Stanwood Rd. at 11:21 PM unless she had prior knowledge of police response to ………….. It would also be odd that Samantha Smith would pick ……… up from that location unless she knew the police were responding to ……………..
Though it is possible that Deputy Chief Shane Smith had no knowledge of his wifes activity, it seems unlikely. Even more unlikely is that Deputy Chief Shane Smith did not know after the fact.
Maverick Investigative Services recommends that personal cell phone records of Deputy Chief Shane Smith, ……….. Captain Joe Keating, ……… . Lt. Bob Kirley , ……….. Samantha A Smith, be subpoenaed. The subpoenaed records should be limited in scope to June 28, 2024 from 10PM to 11:59PM. Maverick Investigative Services is also aware that Chief Joel Dolan is aware of the alleged misconduct of Deputy Chief Shane Smith and will be engaging a third party to investigate.
