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Home » News » Crime

August 30. 2012 12:14AM

Mother of cop killer sued by wounded officers argues a parent isn't accountable for grown child's crime


This undated booking mug provided by the Portsmouth, N.H., Police Department via the Portsmouth Herald shows Cullen Mutrie, suspected of killing Greenland, N.H., Police Chief Michael Maloney and wounding four other officers Thursday, April 12, 2012, before he was found dead along with a female acquaintance early Friday morning. (AP Photo/Portsmouth Police Department via Portsmou)
Parents could be held liable for their children's criminal behavior if a lawsuit filed by four police officers shot during a drug raid in Greenland is allowed to continue, according to the lawyer for the gunman's mother.

The argument is the latest salvo in a legal battle that will determine whether four state Drug Task Force officers can move forward with a lawsuit against Beverly Mutrie of Hampton Falls.

Her 29-year-old son, Cullen, shot the four officers and killed Greenland Police Chief Michael Maloney as they executed a search warrant April 12 at 517 Post Road in Greenland.

Before police could enter the home, Mutrie then killed his girlfriend and himself.

The mother's lawyer, Donald Smith, has asked Judge Kenneth McHugh to dismiss the lawsuit, warning that allowing it to proceed would create a new standard by which parents could be held legally responsible for their children's actions.

“Imposing such a liability on parents of an adult child would effectively make all parents potentially liable for the acts of their children, no matter what age, based on any allegation that the parent knew, or should have known that the adult child engaged in criminal conduct,” Smith said in a court filing made public Wednesday.

Smith noted that a New Hampshire law known as the Fireman's Rule essentially bars police, firefighters and emergency medical technicians from filing lawsuits when they are injured in the line of duty.

The police officers would have to show reasons to overcome that legal hurdle, according to Smith.

A lawyer for the four officers argues that Beverly Mutrie managed the trust that controlled her son's home — and, through the trust — may also own the 9mm gun allegedly used in the shooting.

Lawyer Christopher Grant is arguing that Mutrie's control over the trust gives his clients grounds to hold her legally responsible. The officers allege she knew of her son's drug activities and allowed crimes to occur.

The police officers have also been arguing for access to information about what kind of insurance policies Beverly Mutrie currently holds, court records show.

The lawsuit does not name the officers, but they have been identified by authorities as Newmarket Detective Scott Kukesh, University of New Hampshire Detective Eric Kulberg, Rochester Detective Jeremiah Murphy and Dover Detective Gregory Turner.

Mutrie had previous run-ins with Greenland police months prior to the shooting.

When police arrived at his doorstep in April, Mutrie was free on bail awaiting trial on drug charges following a 2010 search at the Greenland home, which ended with police seizing numerous weapons and steroids.

A state-appointed panel is investigating the circumstances leading up to the deadly shooting.

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James A. Kimble may be reached at JKimble@newstote.com.

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