Police have no enforceable duty to protect an individual threatened by
criminal violence. A lawsuit recently filed in New Hampshire demonstrates that police are taught to assume that citizens have a moral and legal duty to protect
them.
Mrs. Mutrie’s only connection to the events of April 12 is the fact that she owned the home where the shootout took place. The lawsuit filed by the officers claims that she “indirectly supported and facilitated” illegal activity that supposedly occurred on the premises. She has not been charged with a crime.
In addition to being an act of simple vindictiveness, the lawsuit against Beverly Mutrie is probably an attempt by the municipality – which wasn’t cut in for a share of the “forfeiture” haul – to confiscate her home. An interrogatory interview of Mrs. Mutrie focused entirely on her insurance coverage. The DEA
seized three vehicles found on the property and $14,320 in cash that was
found on the body of Brittany Tibbetts.
The raid itself may have been prompted by concerns that the case against Cullen Mutrie was weak. An aspiring firefighter who spent much of his time in the gym, Cullen came to the attention of a state narcotics task force in July 2010 when an officer serving a restraining order found anabolic steroids during a search of the home. In a bench trial, Cullen was found guilty of domestic assault against a live-in girlfriend. He was put on probation and required to undergo an anger management assessment.
In January, an informant working with the state drug task force allegedly bought a small amount of oxycodone from Cullen’s girlfriend. Over the next several weeks, while the police continued their surveillance of the home, Cullen reconsidered his initial guilty plea on the steroid-related charges. His attorney, Stephen Jeffco, filed a motion to suppress the drug evidence as the product of an illicit search. As Rockingham County Attorney Jim Reams points out, the case was “set for trial when the shootout began.”
Police arrived at Cullen’s home on April 12 to serve a no-knock warrant. Two of the officers, who were acquainted with Cullen and aware of the home’s surveillance cameras, gestured to be let inside. When Cullen refused to grant entry, Task Force agents forced open the door. Cullen reportedly opened fire, wounding four of the officers and killing Chief Maloney. An eight-hour standoff ensued, during which time the alleged murder-suicide took place.
If Cullen Mutrie, who was 6’3” tall and weighed 275 pounds, was involved in criminal conduct, what was his mother supposed to do about it – spank him? Assuming that she was aware of his activities, she could have called the police, who had already been investigating her son for nearly two years. If she had been an accomplice or an accessory, Mrs. Mutrie would face criminal charges, rather than what amounts to an extortion attempt.