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August 16. 2012 11:47PM
Lawyer says cop shooter's mother may have owned gun
BRENTWOOD — The mother of the man who shot four police officers and killed Greenland Police Chief Michael Maloney in April may have owned a 9 mm pistol believed to have been used in the shooting, according to court documents filed by an attorney representing the officers.
In paperwork filed Thursday, Portsmouth attorney Christopher Grant tried to strengthen the officers’ case against Beverly Mutrie by arguing that she likely owned the pistol originally purchased by her late husband.
The pistol was found at the home at 517 Post Road in Greenland following the deadly shootout on April 12.
Her son, Cullen Mutrie, shot the officers and Maloney when they tried to serve a search warrant in a drug investigation. Mutrie later murdered his girlfriend, Brittany Tibbetts, before killing himself, authorities said.
The officers, who were working as agents with the Attorney General’s Drug Task Force, recently filed suit against Beverly Mutrie, claiming she’s liable for their injuries because she owned the property where the shooting occurred and, they say, was aware of her son’s drug activities and allowed crimes to occur at the so-called “drug house” where her son lived.
Mutrie’s lawyer, Bradley Lown of Portsmouth, filed a motion in Rockingham County Superior Court last week asking the court to dismiss the lawsuit, arguing that she can’t be held responsible simply because she owns the property and that she was unaware of criminal activity occurring there. Lown said he couldn’t comment on the officers’ claims Thursday and referred questions to another attorney, Lee Smith, who could not be reached for comment.
Through their attorney, the officers insist that Mutrie was more responsible for the shooting than she may claim and their lawyer has asked the court not to dismiss the case.
In the latest filing, Grant wrote that ownership of the 9 mm pistol that authorities say was purchased by Mutrie’s husband, Charles, in 1989 was likely transferred to Beverly Mutrie through a trust after he died in January 2010.
At the time of the shooting, Cullen Mutrie was ordered not to possess firearms because of a domestic assault against a former girlfriend in 2010.
According to Grant’s filing, Beverly Mutrie was at the Post Road property in July 2010 when police served a search warrant to seize firearms from the residence and her home in Hampton Falls.
During the seizure, a police report said Beverly Mutrie was present and became “confrontational” with officers. She told police that the house and vehicles parked in the driveway belonged to her and asked why they had to go inside the residence, the police report said. She also questioned the legality of the search warrant.
Several guns and boxes of ammunition were seized during the 2010 search.
“Again, it is noteworthy the defendant (Beverly Mutrie) was directly present and involved herself in this seizure operation attempting to prevent it and taking positions about everything being the defendant’s property. Given all the armaments and other assault-related materials and illegal drugs, including anabolic steroids kept in the drug house, again, the defendant’s credibility in the defendant’s statement … that the defendant had no idea there was criminal activity going on at the drug house is at best highly questionable,” Grant wrote.
Jason Schreiber may be reached at jschreiber@newstote.com.
In paperwork filed Thursday, Portsmouth attorney Christopher Grant tried to strengthen the officers’ case against Beverly Mutrie by arguing that she likely owned the pistol originally purchased by her late husband.
The pistol was found at the home at 517 Post Road in Greenland following the deadly shootout on April 12.
Her son, Cullen Mutrie, shot the officers and Maloney when they tried to serve a search warrant in a drug investigation. Mutrie later murdered his girlfriend, Brittany Tibbetts, before killing himself, authorities said.
The officers, who were working as agents with the Attorney General’s Drug Task Force, recently filed suit against Beverly Mutrie, claiming she’s liable for their injuries because she owned the property where the shooting occurred and, they say, was aware of her son’s drug activities and allowed crimes to occur at the so-called “drug house” where her son lived.
Mutrie’s lawyer, Bradley Lown of Portsmouth, filed a motion in Rockingham County Superior Court last week asking the court to dismiss the lawsuit, arguing that she can’t be held responsible simply because she owns the property and that she was unaware of criminal activity occurring there. Lown said he couldn’t comment on the officers’ claims Thursday and referred questions to another attorney, Lee Smith, who could not be reached for comment.
Through their attorney, the officers insist that Mutrie was more responsible for the shooting than she may claim and their lawyer has asked the court not to dismiss the case.
In the latest filing, Grant wrote that ownership of the 9 mm pistol that authorities say was purchased by Mutrie’s husband, Charles, in 1989 was likely transferred to Beverly Mutrie through a trust after he died in January 2010.
At the time of the shooting, Cullen Mutrie was ordered not to possess firearms because of a domestic assault against a former girlfriend in 2010.
According to Grant’s filing, Beverly Mutrie was at the Post Road property in July 2010 when police served a search warrant to seize firearms from the residence and her home in Hampton Falls.
During the seizure, a police report said Beverly Mutrie was present and became “confrontational” with officers. She told police that the house and vehicles parked in the driveway belonged to her and asked why they had to go inside the residence, the police report said. She also questioned the legality of the search warrant.
Several guns and boxes of ammunition were seized during the 2010 search.
“Again, it is noteworthy the defendant (Beverly Mutrie) was directly present and involved herself in this seizure operation attempting to prevent it and taking positions about everything being the defendant’s property. Given all the armaments and other assault-related materials and illegal drugs, including anabolic steroids kept in the drug house, again, the defendant’s credibility in the defendant’s statement … that the defendant had no idea there was criminal activity going on at the drug house is at best highly questionable,” Grant wrote.
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Jason Schreiber may be reached at jschreiber@newstote.com.
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