Thursday, October 11, 2012

Insurance company says it's not responsible for shot cops' injuries ...

GREENLAND ? Six months after Cullen Mutrie murdered the town?s police chief, shot and wounded four drug officers, and shot his ex-girlfriend to death, many questions about the April 12 shootings remain unanswered.

But according to the two investigators closest to the case, details about the police response, items seized from the home owned by Mutrie?s mother, ballistics tests, and eyewitness accounts, will likely be made public Dec. 1.

Meanwhile, an insurance company that sold homeowners and umbrella policies to Mutrie?s mother claims it?s not responsible for the wounded officers? injuries because the shootings weren?t a covered ?occurrence? and were related to illegal activity. The insurance company is also asking a judge to release it from defending Mutrie?s mother against the civil suit.

Associate Attorney General Jane Young is leading the state?s investigation and said she contacted the state crime lab Wednesday for an update regarding analysis of substances seized from Mutrie?s home after the deadly shootout. Young said testing remains incomplete, but Dec. 1 is the target date for release of the results.

According to a list of items seized from Mutrie?s home, the substances include ?drugs,? green vegetative matter and ?powder? which were collected from the crime scene along with a digital scale, a bong and other ?drug paraphernalia.?

Asked about ballistics tests, Young said there?s no ballistics information her office is willing to make public ?at this time.?

In August, Young said a 9mm pistol found in Mutrie?s home after the shootings was last sold in May 1989 to his father, Charles Mutrie, who died Jan. 10, 2010. Cullen Mutrie had been barred from possessing weapons since his arrest for domestic assault in 2010.

Young said a second weapon found in the home, a .357 revolver, was bought in January at a Manchester gun show by Brittany Tibbetts, who was accused of selling drugs with Mutrie at the Post Road home where the shootings occurred. According to the attorney general?s office, after Mutrie shot the officers, who were there with a no-knock warrant alleging drug sales, Mutrie fatally shot Tibbetts, then himself.

Young said Wednesday there?s no evidence to suggest anyone other than the previously named parties were involved in the mass shooting. A report from her office, with details about the shootings, will be released at the same time or after a report is released by an independent study committee, Young said. The committee is being led by retired Nashua police chief Don Conley who said Wednesday he?s confident a final report will be made public by Dec. 1.

?We?re still interviewing people about their thoughts relative to the incident,? Conley said Wednesday. ?I think people overall have been very positive and are glad it?s being done. It?s not an easy task, but it has to be done so we can move forward and ensure our officers and community are safe.?

A related civil suit is pending in Rockingham Superior Court where the four wounded officers, all members of the Attorney General?s Drug Task Force, filed suit against Mutrie?s mother. The officers allege Beverly Mutrie supported, facilitated and assisted her son by ?protecting the long-term, well-known criminal activity? at her home where they were shot.

Through attorney Christopher Grant, they allege Beverly Mutrie gave her son guns and sought to prevent them from being seized by police in the past. Further, they claim, Beverly Mutrie provided her son with housing, automobiles, weapons, financial assistance and money to pay for previous criminal defenses, all of which supported her son?s ongoing ?criminal activity.?

Representing Beverly Mutrie, Manchester attorney Donald Smith has asked a judge to dismiss the DTF officers? suit stating his client did not have a duty to report or prevent her son?s ?alleged criminal conduct.? He argues that ?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,? and that Beverly Mutrie?s ?alleged inaction? did not cause the DTF officers? injuries.

The superior court civil clerk?s office reported Wednesday that the case remains under review with a judge.

The Amica Mutual Insurance Company recently filed a related petition with the Superior Court stating it?s not obligated to indemnify Beverly Mutrie for the DTF officer?s injuries. Citing the allegations in the officers? lawsuit, Amica claims the alleged criminal activity that led to the officers? injuries excludes coverage under Beverly Mutrie?s homeowners and umbrella policies. Further, the insurance company tells the court, her policy didn?t cover the Post Road property at all.

Amica has asked a judge to order that it has no obligation to defend and/or indemnify Beverly Mutrie for the DTF officers? lawsuit and its request is also pending with a judge.


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Source: http://www.seacoastonline.com/articles/20121010-NEWS-121019969

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