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Home » News » Crime

September 04. 2012 12:12PM

Defense for cop shooter says 12 shots were reckless, not purposeful


Myles Webster, right, at his bail hearing with public defender Robert Swales at Hillsborough North Superior Court in Manchester on Tuesday. (DAVID LANE/UNION LEADER)
Linked articles:
Manchester police officer Doherty receives Medal of Valor
Accused cop shooter waives arraignment
Grand jury indicts man in officer shooting


MANCHESTER — Police Officer Dan Doherty was wounded. Down on the ground.

His shooter was possibly as close as 3 feet away and would eventually fire another 11 .357-caliber rounds from his Glock handgun.

Yet, the four shots that Myles Webster put into Doherty on March 21 were in his left hip and lower leg, his defense attorney said on Tuesday.

Public defender Caroline Smith stressed the wound locations while maintaining in Hillsborough-North Superior Court Tuesday that Webster, 22, did not intend to murder Doherty.

“These gunshot wounds are not in a place you would find when a person is 3 to 5 feet away” and wants to kill another, Smith said.

The argument didn't appear to work well. Judge Gillian Abramson ordered Webster held without bail; before Tuesday Webster could have gotten out of jail if he came up with $1 million cash.

Webster faces felony charges of attempted murder, reckless conduct and robbery in the March 21 shoot-out between Webster and Doherty on the West Side.

Doherty, who was severely wounded and has not returned to work, continues to progress with his rehabilitation, said Police Chief David Mara.

The hearing gave a glimpse into the possible defense strategy for Webster's trial, which could take place in early December. Smith concentrated on the prosecution's allegation that Webster purposely tried to kill Doherty, a key element of the attempted murder charge, which could land him in prison for a maximum sentence of life.

She said Webster's actions were reckless, but not intentional.

Smith noted that four bullet grooves were in the sidewalk in front of where Doherty was knocked off his feet.

Prosecutors, however, say Webster's intentions were clear and pointed to conversations he had with friends just minutes before the shooting. Were he to be arrested, Webster told them, he would take down a cop, police detective Patrick Houghton testified.

“He didn't just shoot once or twice or three times or four times. He unloaded his weapon,” said Karen Gorham, an assistant Hillsborough County Attorney.

Detectives and uniformed police filled six courtroom benches for the hearing. Webster appeared in a blue dress shirt and black blazer. He wore his hair in yet another style, braids crossed each side of his head in the temple area, met in the back of his head and fell past his shoulders.

Also during Tuesday's hearing, Houghton said Webster confronted Pam Burke of 317 Rimmon St. as he fled the shooting scene. He demanded her car keys, the basis for the robbery charge.

“In her words, she froze like a zombie,” Houghton said.

Her son, who heard the commotion, came downstairs and saw that Webster's handgun was in a lock-back position, meaning it was out of ammunition. The son told him to leave, Houghton said.

Houghton also detailed the apprehension of Webster. He ended up on the diving board of a backyard pool at 145 Putnam St.

Police ordered him to drop to the ground. He fell backward onto the pool cover and struggled still with officers.

“It took a number of us a lengthy period of time to place him into handcuffs,” Houghton said.

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Mark Hayward may be reached at mhayward@unionleader.com.

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