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Police affidavits: Cop killer ‘did not intend to come out alive'

Union Leader Correspondent

April 23. 2012 11:07PM

PORTSMOUTH - The man who police say killed Greenland Chief Michael Maloney and wounded four drug task force agents during a hail of gunfire called a friend during the standoff and said 'that he did not intend to come out alive,' according to police affidavits made public Monday.

A brief account by the friend - identified by police as 'Shane' - added to the narrative of what transpired during the April 12 shootout that left Maloney, 48, dead just eight days before his retirement.

The state Attorney General's Office is continuing to investigate what went awry during the drug raid of Cullen Mutrie's home at 517 Post Road in Greenland. State police are investigating how Mutrie, 29, came to possess a .357 magnum revolver and 9mm handgun - in defiance of his bail conditions on two pending court cases.

Investigators have also focused their attention on a bullet recovered from the front license plate of a car belonging to Brittany Tibbetts, 26, of Berwick, Maine. Her car was parked approximately 15 feet from the front porch of the home, where gunfire was exchanged, according to state police.

'The bullet will be examined to see what weapon it was fired from,' Associate Attorney General Jane Young said Monday.

Maloney was shot once in the head, but had dragged Newmarket police Detective Scott Kukesh to safety during an exchange of gunfire with Mutrie. Kukesh had been shot in the chest.

4 vehicles seized

The latest affidavits made public were filed by state police hours after the shooting, authorizing them to search Mutrie's home and Tibbett's car, a 2008 Volkswagen Jetta.

State police seized four vehicles from Mutrie's driveway as part of the investigation, the New Hampshire Union Leader has learned.

Drug task force agents obtained what's known as a 'no-knock' warrant to raid Mutrie's home on April 12.

It allows police to enter a home without warning. Task force agents arrived at Mutrie's home at 6:22 p.m. with Maloney. Police planned to arrest Tibbetts on drug charges.

She allegedly brokered a sale of 10 Oxycodone pills on Jan. 30 with a confidential informant working for police.

'Once they arrived, the officers attempted to gain entry into the home,' State Police Sgt. Joseph Ebert wrote in a sworn affidavit. 'As they did that, they were fired upon.'

The gunfire set off an hours-long standoff. Scores of police and regional special response teams came to Mutrie's home.

Found in basement

By the end of the night, Mutrie, 29, was found dead in the basement of his home with Tibbetts in what authorities concluded was a murder-suicide. It happened sometime before 1:20 a.m. on April 13. A police robot placed inside the home found the bodies.

The affidavits do not say when Mutrie called his friend.

'Shane said that he had spoken to Mutrie right after the shooting and Mutrie admitted that he'd shot the police officers,' Ebert wrote. 'Mutrie also made it clear that he did not intend to come out alive.'

In an interview with the New Hampshire Union Leader, attorney Stephen Jeffco also confirmed that he was called by Mutrie between 6:30 to 7:45 p.m. - minutes after police arrived at 6:22 p.m. Jeffco spoke with Mutrie twice during the night. He also had conversations with Tibbetts and two police negotiators before speaking to Mutrie one last time. Jeffco said he could not reveal the details of his conversation with Mutrie, who he represented in two pending criminal cases.

On Monday, Jeffco said he believes there could have been a better way for police to execute their search warrant.

'Absolutely no one had to get shot,' he said. 'Three people didn't have to be killed.'

Gun under BMW seat

Young said that investigators are still processing evidence and interviewing witnesses to determine what led to Maloney's killing. A report is expected to be forthcoming.

Prior to the raid, a confidential informant told drug task force agents that Mutrie was in the habit of carrying at least one firearm - under the front seat of his BMW or on his ankle.

Another source claimed that Mutrie and Tibbetts, 'deal upward of 500 Oxycodone pills every few days' out of the Greenland home, according to a police affidavit.

The raid was Mutrie's second confrontation with police in the last two years.

Police arrested Mutrie for simple assault for allegedly grabbing an ex-girlfriend's hair and arm on July 24, 2010. That complaint prompted the woman to get a domestic violence petition.

Greenland police obtained a search warrant for the home in the wake of that complaint and found a variety of steroids in Mutrie's home.

Police also seized 21 firearms because of the domestic violence petition, including rifles, shotguns, handguns and pellet guns, according to a Greenland police inventory report.

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