Last week’s release of the Maine Attorney General’s report vindicating the Cumberland County Sheriff’s deputy who shot and killed Stephen McKenney in April, has provoked the curiosity of Dan Lilley, the attorney who is representing McKenney’s widow.

In a report released Aug. 21, Attorney General Janet Mills concluded that Cumberland County Sheriff’s Deputy Nicholas Mangino “reasonably believed that unlawful deadly force was imminently threatened against him and other persons,” when he shot Stephen McKenney, a 66-year-old retired bus driver, in the head on April 12 with a carbine rifle.

McKenney was holding a revolver in his driveway on 2 Searsport Way when he was shot, according to the report.

Mills’ conclusions were based on a scene investigation, numerous interviews, and a review of video recordings from two different Windham police cruisers and a recording of a 911 call, the report said.

The attorney general’s office has released one of the cruiser videos to Lilley and press outlets. According to Lilley, although the cruiser video that has been released shows Stephen McKenney holding a gun in his driveway, it does not show the final moments of his life, as he walked down the driveway toward the officers.

Lilley wants to see the other video, which was taken from the cruiser of Windham Police Officer Seth Fournier. According to the report, Vicki McKenney was seated in Fournier’s cruiser at the moment of the shooting. Lilley said that Vicki McKenney witnessed the shooting from Fournier’s cruiser. Lilley said he thinks the video could shed light on whether Mangino’s shooting was justified.

But the Attorney General’s office will not release the video, arguing that it would cause “an unwarranted invasion of personal privacy” and would constitute a violation of Maine’s Intelligence and Investigative Record Information Act. Justice Thomas Warren has ruled that the video from Fournier’s cruiser should remain confidential.

Lilley said that in response Vicki McKenney has submitted a written affidavit waiving her privacy rights in relation to the video.

“If you’ve got two videos, and you’re protecting the privacy of my client, and she’s waived her rights to privacy, I need the videos to determine whether they justifiably shot my client’s husband and killed him,” Lilley said.

“She wants this to come out,” Lilley added. “If he’s guilty, he’s guilty, and if he’s not, the public has a right to know. It’s just so crazy not to let everybody see it. She can handle it. She wants the truth to come out.”

Kelty declined to comment on the case.

Lilley said that if the attorney general’s office does not provide the video shortly, Vicki McKenney will sue the state for access to it. Lilley said McKenney has not yet determined whether to sue Mangino for damages. The video evidence will help them determine whether to take legal action, Lilley said.

“They only gave us half the evidence,” Lilley said. “There’s two videos. I want the other half. And when they hold it back like that they really, really whet your appetite to start concluding that what they’re doing is suspicious and that they’re holding back relevant evidence. Why not release the entire story?”

According to the report, Vicki McKenney called 911 at 6:14 a.m. in the morning to report that her husband was suicidal as a result of a lower back injury, and that he might shoot himself. Mangino and two Windham police officers, James Cook and Seth Fournier, arrived on the scene eight minutes later and entered the McKenney home on 2 Searsport Way. They found Stephen McKenney holding a .357 magnum handgun in a back hallway, the report said.

According to the report, the officers asked McKenney to drop the revolver, but he did not comply. After leaving the house, the officers escorted Vicki McKenney to Fournier’s cruiser, and drove her to a cul-de-sac 284 feet away, the report said.

Then, according to the report, Stephen McKenney walked outside of the home with his revolver in hand.

“Mr. McKenney cocked the revolver, raised it, and then slowly lowered it in a motion as if he were seeking a target,” the report reads. “Mr. McKenney appeared to be focused on Deputy Mangino, who had gone to retrieve a rifle from his cruiser parked on the street at the driveway entrance, about 100 feet from Mr. McKenney. From that location, Deputy Mangino issued several commands to Mr. McKenney to drop the gun. The commands went unheeded.”

Ten minutes after Mangino shot McKenney from a range of 69 feet, officers approached McKenney, who was lying on the driveway, holding a revolver in his hand, according to the report.

“The revolver was cocked and loaded,” the report read.