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002256 o ·0 o DE: I didn't see anything, I didn't see ... nobody even knows or nobody knew the kid who hit him except for I guess some kids that were there and left but I didn't know them. I didn't know anybody there except for the kids! came with. LC: Okay so you're in the house and you went outside, DE: Right lC: and you said you saw Nick on the ground? DE: Right lC: Describe that for me. DE: He was lying on his back, flat on the ground with his head like this. There was blood coming from his eyebrow and from his nose and some out of his mouth. LC: Were his eyes opened or closed? DE: They were closed. LC: Was he talking? DE: No. LC: Was he breathing? DE: (Affirmative response) LC: And then you said you went over to him and you picked him up and brought him into the house? DE: Yeah me and the owner of the house carried him inside onto the couch and we tried to wake him up a little more and he started like ... he wasn't like conscious ... he didn't know what was going on but he was like moving. LC: And the name of the owner of the house is Brian? DE: Brian. LC: So it was you and Brian that picked him up and moved him into the couch? DE: Yup LC: Then what happened? 5
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002256 o 0 o DE:I didn't see anything,I didn't see ... nobody evenknows or nobody knew thekid who hit himexcept for I guess some kidsthat werethereandleft but I didn't know them.I didn't know anybody thereexcept for thekids! came with. LC:Okay soyou're inthehouse andyouwent outside, DE:Right lC:andyousaid yousaw Nick ontheground? DE:Right lC:Describe that for me. DE:He was lyingonhisback,flat onthe groundwithhis head likethis.There was blood comingfromhis eyebrow and fromhisnose andsomeout of hismouth. LC:Werehis eyes openedor closed? DE:They were closed. LC:Washetalking? DE:No. LC:Was he breathing? DE:(Affirmativeresponse) LC:And thenyousaidyouwent over tohim andyoupicked himup andbrought him into the house? DE:Yeahmeandtheowner of thehouse carriedhiminside onto the couchand we triedtowake him up a little more and hestartedlike ... he wasn't like conscious ... he didn't know what was going onbut he was like moving. LC:Andthename of the owner of thehouse is Brian? DE:Brian. LC:So itwasyou and Brianthat pickedhimupandmoved him intothecouch? DE:Yup LC:Then what happened? 5 002257 o 0 .0 oo DE:Oh,we,the owner calledthepolice andtheambulance came and they came inside andtriedtowake him upor do whatever to himtoseeif he was okay and the police took our names down andwe toldthem what happened and thenthe paramedics brought Nick tothehospital. LC: DE: LC: DE: LC: DE: LC: DE: LC: DE: Ok,thenhow,thenwhat didyoudo? I got PC'd withLuke and wecame hereuntil my Dadcame and picked us up. Andthat's Luke who? Molering. Andhe's another kidfromExeter? Right OK,do youknow why the fight happened? Thebest guess that we had was because the girlthathe was talkingtooutside. Andwho was the girlhe was talkingto? I don't know thegirl.I've never met her,I think her name was... Jthinkher name was yeah,I think. LC:Isthat Nick's girlfriend? DE:No,he doesn't have a girlfriend. LC:OK.Peopleat theparty havetoldme about their alcoholconsumption ... DE:(Affirmative response) LC:Were youdrinkingthat night? DE:(Affirmative response) LC:Isthat a yes? DE:Yes LC:OK.What did youdrink that night? DE:I drank alittle bit of HeinekenandVodkaandthat's it. 6 002258 o .0 oo DE:Oh,we,the owner calledthepoliceandtheambulance came andthey came inside andtriedtowakehim up or do whatever to him toseeif hewas okay and the police took our names down and wetoldthemwhat happenedand thenthe paramedicsbrought Nick tothehospital. LC:Ok,thenhow,thenwhat didyoudo? DE:I got pe'd withLukeand wecame hereuntilmy Dadcameand picked usup. LC:Andthat's Luke who? DE:Molering. LC:Andhe'sanother kidfrom Exeter? DE:Right LC:OK,do you know why the fight happened? DE:Thebest guess that wehad wasbecause the girlthat he was talkingtooutside. LC:Andwho was thegirlhe was talking to? DE:I don't know thegirl.I've never met her,I think her name was 1think her name wasyeah,I think. LC:Is thatNick's girlfriend? DE:No,he doesn't have a girlfriend. LC:OK.People at theparty have toldme about their alcoholconsumption ... DE:(Affirmative response) LC:Were youdrinking thatnight? DE:(Affirmative response) LC:Isthat a yes? DE:Yes LC:OK.What did youdrinkthat night? DE:I drank a little bit of HeinekenandVodka andthat's it. 6 002259e o eQ eo o LC:OK.How muchisa littlebit? DE: LC: DE: LC: DE: LC: DE: LC: DE: LC: DE: LC: DE: LC: DE: LC: Urn,probably four or fivedrinks of Vodkaand half aHeineken. Wereyouintoxicated that night? Urn, a little bit. What does a little bit mean? I wasn't completely trashed but I was definitely drunk. Sohowgoodisyour recollection fromthat evening? Urn, everythingthat I remember is what I said ... 1don't remember anythingelse. OK.WasNick Cuff drinkingthatnight? (Affirmative response) yuphewas. Washedrunk? Ah,I wouldguess so yeah. What didyou see him drink? Urn,he hadsomeRollingRocksI think or Heineken one if thosegreenbottles. Was hetoo drunk to drive? Ah,legally yeahbut he probably ... wellhewas about todrive soI'm guessing ... 1 don't think he wouldhave droveif he wasn't ableto. OK.Whenyoucameback inthehouse and put Nick onthecouch,who wasin thehouse? DE:Urn,there was a girl therewasthe owner andme andLukeandJason. LC:Wasthat thesamethat hewas talkingtooutside? DE:I think so. LC:Describe her tome. 7 ,Cb? 002260 o 0 0 o LC:OK.How muchisa little bit? DE:Um,probably four or five drinks of Vodkaandhalf aHeineken. LC:Wereyouintoxicatedthat night? DE:Urn, a littlebit. LC:What does a little bit mean? DE:I wasn't completely trashedbutI was definitely drunk. LC:Sohow goodis your recollectionfromthat evening? DE:Urn,everythingthatI remember is whatI said ... 1don't remember anythingelse. LC:OK.Was Nick Cuff drinkingthatnight? DE:(Affirmativeresponse)yuphewas. LC:Washedrunk? DE:Ah,I wouldguess so yeah. LC:What did you see him drink? DE:Urn,hehad some RollingRocksI think or Heineken one if those greenbottles. LC:Washetoo drunk to drive? DE:Ah,legally yeah but heprobably ... wellhewas about to drive soI'mguessing ... 1 don't think he wouldhave droveif hewasn't able to. LC:OK.Whenyoucame back inthehouse andput Nick onthecouch,who wasin thehouse? DE:Urn,there was a girltherewas the owner andme andLukeandJason. LC:Wasthat the samethat hewastalkingtooutside? DE:I think so. LC:Describe her tome . 7 \ ~ 002261 o 0 oo DE:Urn,shehadabout hair downtoa little bit past her shoulders.!twasdark hair andI'm .not sure what color eyes she had, she wasprobably uptoabout hereon me. LC:Andhow tallare you? DE:I'm 5'10. LC:So thatwouldmake her about 5'4,5'5? DE:Somewhere inthereI wouldguess. LC:Isshe fat or skinny? DE:Urn,she was skinny, she wasn't really fat. LC:OK. PAUSE LC:Alright,do youknow who hitNick? DE:Urn,nope I've never seenhimbefore.I never evenheard whohewas. LC:Didyouseeanybody else get ina fight that night? DE:Urnno.My friendJasonsaidthat somebody hit himintheback of thehead and later in the facebut I have no idea who it was.They weren't there whenI got outside. LC:OK.[sthere anything elsethat youwouldliketotellme about thatnight that would beimportant for my investigationthat I may not have askedyou? DE:Not thatI canthink of other thanthat thepolice werethere earlier.There was somebody drivinga car shininga light onthehouse earlier andhe wasone of the police that came in thehouse later. LC:How do youknow that? DE:Urn, becausehesaidthat he was out here earlier withthelight onthe house. LC:OK.Anythingelse? DE:That's about itthat's allI canthink of . LC:Doyouhave any questions for me? 8 002262 o oo DE:Urn,she hadabout hair downtoa littlebit past her shoulders.It was darkhair and I'm .not sure what color eyes she had, shewas probably uptoabout here on me. LC:Andhow tallare you? DE:I'm 5'10. LC:So that wouldmake her about 5'4,5'5? DE:Somewhere in thereI wouldguess. LC:Isshe fat or skinny? DE:Urn.she wasskinny,she wasn't really fat. LC:OK. PAUSE LC:Alright,do youknow who hitNick? DE:Urn,nopeI've never seenhimbefore.I never evenheardwhohewas. LC:Didyousee anybody else get ina fight that night? DE:Urnno.My friendJasonsaidthat somebody hit him intheback of thehead and later in the facebut I have noidea who it was.They weren't there whenI got outside. LC:OK.[sthere anythingelse that youwouldliketotellme about that night that wouldbeimportant for my investigationthat I may not have askedyou? DE:Not that I can think of other thanthat thepolice werethere earlier.There was somebody drivinga car shininga light onthehouse earlier andhewas one of the police that came inthehouse later. LC:How do youknow that? DE:Urn.becausehesaidthat hewasout here earlier withthelight onthe house. LC:OK.Anything else? DE:That's about it that's allI canthink of. LC:Do youhave any questions for me? 8 002263 o .0 o DE:Not at all. LC:OK.Thekidthat assaultedNick Cuff hasalready beenarrested. DE:(Affirmative response) LC:Andtheinvestigation continuesandI'mstill takingumstatements froma few other of theguysfromExeterI stillhavetospeak with,okay? DE:Allright. LC:That will conclude this interview,thetimeis3:00p.m.anda notewe'vegoneto daylight savings time.The actual timeis 4:00p.m.andthestartingtime would beanhour later.ThanksDan 9 002264 o o DE:Not at all. LC:OK.Thekidthat assaulted Nick Cuff hasalready beenarrested. DE:(Affirmative response) LC:Andtheinvestigation continues andI'm still takingumstatements froma few other of theguys fromExeterI stillhavetospeak with,okay? DE:Allright. LC:That willconclude this interview,thetimeis3:00p.m.anda note we've gone to daylight savings time.The actualtimeis 4:00 p.m.andthestartingtime would be anhour later.Thanks Dan 9 002265POLICEDEPARTMENT IncidentReport Incident#:02-289-0F Call#:02-3832 '-bate!Time-'-Repoi'ted ;--03/2"4/20020252' Repo=t 03/24/20020646 OccurredBetween:03/24/20020235-03/24/20020240 Status::ncidentClosed3yArrest ReportingOfficer:BARRYBCCZEK AssistingOfficer:SERGEANTDANIELApprovingCfficer:JOHN ReferToAdd.:':.ionalCases:02-311-AR Signature: LOCATIONTYPS: 5OCEANBLVD liAMPTONNH03842 LSECONDDEGREEASSAULTC631 OCCURREJ:03/2 .. /20020235 WEAPON/FORCED!?e:::sonal . s("ands/Feet/Et.c)

CUFF.NICHOLASL 5 DOB: OtherMajorNotof O:::i9in RESIDSNTSTATUS:Res:'den: TAKENTO:EXETERHOSPITAL TAKENBY:KAMPTON TrtEATEDDATE:03/24/2002@0300 M - ... W 2 VICTIMCONNECTEDTOOFFENSERELATIONTO:MUTRIECULLEN?-Alat ior.shi?IJnkr.o'>I1", KOVACS.KATALINWITNESSFW DOB: SNOOK.JASONMPARTICIPANTMw DOB: INJURIES:ApparentMino:::- !njury WARD,BRIANRWITNESSMW PLOYER: Page:1 OS/29/2002 . :. , ( 002266 POLICEDEPARTMENT IncidentReport Incident 02-289-0F Call#:02-3832 5CUFF,LESTER'"I'rNESS

STRAT DOB; EMPLOYER:SELFEMPLOYED 6EMERSON.DANIELWWITNESS DOB : 7BENNETT,JAMIEWITNESS COB: EMPLOYER:WINNHIGHLMUTRIE,CULLENB

MW Mw Fw Mw Page:2 OS/29/2002 SSNPHONE'..... -- -.-: HEIGHT:WEIGHT:200 BODY:MEDICM HAIR: OR AVAIL. EYES:?LACEOFBIRTH:NOTAVAIL.DOB: NmtBER:NHETHKIC1TY: ____________________________________________ [APPEARANCE1_______________________ _J. GLASSESWORN:NO ___________________________________ [FAMILY/EMPLOYMENTINFORMATION1___________________________________ t-'AR ITF'.LS-:P::"JS,S INS:'E :-A':'H=:R' 5NAHE:r1:':TRIEClo.(.r,RLES S:-JAMS:E:::VERLY EMPLOYER/SCEOOL:WINNACUNNET:irG;';SCHOO;:' ALUM,,' IDR 1'.A,'1P':'CNKH038'i2 OCCUPATIOK: OTHER:PROPER'!IES,".PROPERTY' i'...S'lATOS' .',o..'. . CASETTETAPEDSTATEMENTS QUANTITY:9 SERIAL#:NOTAVAIL DATE:03/29/2002 02-219-PR VALUE:$1.01 Evidence(NotNibrsReportable)I I \ ! 2.1 ---------. ---- --------- .---o. _--. __ - .___ ._.___. 0022672 3 4 5 6 --_.-_.---_... ---#: #: POLICEDEPARTMENT '-'IncidentReport 02-289-0F 02-3832 BLKNORTHFACEFLEECEJACKET02-421-PR VALUE:Si.OOQUANTITY:1 SERIALII:NOTAVAIL DATE:OS/28/2002 Owt'ER:C;.JFF.NICHOLASL WHI'rETSHIRTQl.JANT.TY:1VAL:;S:$1. 00 SERIA!.jj:NOTAVA:L o.z':'E:OS/28/2002 OWNER:CL"FB42 C3/24/20020235 Zor.e:3EACH c DEGREEASSAULT ,..,OCCURRED: SUSPEC'i'EDOFUSING: WEAPON/FORCEDUSED: AGGR. Alcohol, PersonalU:1knov/:16312 : ---_.. _-- .-----. ---_..-- '--'---' ---- .------ -_..--- --- . -'--'-'.. 002286HAMPTONPOLICEDEPARTMENT ArrestReport Arrest#:02-311-AR Call#:02-4267 o warrant#:02-28-WA :!ncident#:02-289-0F Date/TimeReported, Date/Time: BookingDate/Time: ReferToCas,=s: Court: CourtDa:e: ReportingOfficer: BookingOff icer: @1356 @1556 @2559 02-289-02 !-=.AM?1'ONDIS':'RICTCO'JRT @0830 DETECTIVELYNNECHARLESTON Page:1 04/08/2002

". .::.j.'.-:'. 1MUTRIE,CULLENBMw

HEIGHT: BODY: DOB: LICENSENIMBER: 601WEIGHT:200 MEDIUM NH HAlrt: ORSTRAl'iBERRY NOTAVAIL_ PLACEOF EXETER,NH STHNICITY:UNKNOWN ______________________________________________ _________ G::.ASSESWORN:NO EYES:EC):; eg [PAl-lILY /EMPLOYMENTINFORMATION] _______________________ _ ;'1.lI.R!TALS:-;,:-US:S li\GLE FA':'HER'SNAHE:f".':TR! SEX!o:OTHERI5MU':'!RE3EVR:'Y EM?LOYER/SCHOOL:ROCK:NGHAMFESD ST OCC:JPATlO:\:LA30RER _________________________________________ IRIGHTS/BOOKINGCHECKSl_______________________________________ P"O:-':;-JSED:N SECVRED:N N PHOTOGRAPHED:Y SUIC:DE Performed PERSONS:State&Federal NC!CVEHICLECHECK:NotPeriorned INJURYOR N TYP5: 5OCEANBLVD Zor.e:3EACH N:!C3S42

DEGREEASSAULT OCCURRED: SUSPECTEDOFUSING: WEAPON/FORCEDUSED: AGGR. c C3/24/2D020235 Alcohol, Personn1(Hantis!Feet/Etc) U!1knovr.lCi tances ...:.. .......... --. 6312 _.__________ . _____. _______._______ 002287HAMPTONPOLICEDEPARTMENT c:>ArrestReport Arrest#:02-3ll-AR Call#:02-4267 0 Warrant#:02-28-WA Incident#:02-289-0F 1CUFF,NICHOLASL 5 D08: OtherMajorIr.jury ETHNICITY:Notof Ori9ir. STATUS:Resider.t TAKENTO:EXETERHOS?ITAL BY:PJw.PTONN"BULANCE TREATEDCATE:03/24/2002038C VICTIM TOOFFENSENUM3ER(S):1 RELATIONTO:M,-'TRIECULLEN 1KOVACS,KATALINWITNESS DOB: 2SNOOK,JASONMPARTICIPANT DOB: INJURIES: Y.inorInjury 4WARP,BRIANRWITNESS 2 DOB: EMPLOYER: 5'CUFF,LESTERWInlESS D03: SI-lPLOYER: 617 BENNETT,JAMIEWITNESS

DaB: .0 MW FW MW MK MW FW NOTAVAIL 002288HAMPTONPOLICEDEPARTMENT C)ArrestReport o Arrest Call Warrant Incident #:02-3ll-AR #:02-4267 #:02-28-WA #:02-289-0F 1CUFF,NICHOLASL STRA.:.rAMNH03885 D08: OtherMajorIr.jury ETHNICITY:Notof Orisir. RS$IDENTSTA7U5:Resider.t TAKENTO:EXETERHOS?ITAL 3Y: Nt,3ULANCE TREATEDCATE:03/24//.002038C VICTIM TOOFFENSENUMEERlS):1 RELATIONTO: CULLEN 1NWITNESS

DOS: 2SNOOK,JASONMPARTICIPANT DOB: INJURIES: I':inorInjury

4WITNESS DOB: EMPLOYER: S'CUFF,LESTERWITNESS H D03: EI-1PLOYER:617 BENNETT,JAMIEWITNESS

DOS: EMP:'OYER: 0 MW FW MW MK MW FK e Page:2 04/08/2002 002289....-.--- .. - ----------._--HAMPTONPOLICEDEPARTMENT0 c:>ArrestReport Page:3 04/08/2002 o Arrest#:02-311-AR Call#:02-4267 Warrant#:02-28-WA Incident#:02-289-0F 1TAPEDSTATEMENTS QUANTITY:7 02-219-PR VA:'UE:Sl.00 SERIAL NOTAVAIL DATE:03/29/2002 .0 Evidence(NotNibrs I ---.-..... 002290- -._.. _... - _._------_._--HAMPTONPOLICEDEPARTMENT ()ArrestReport~ Page:3 04/08/2002 o Arrest#:02-311-AR Call#:02-4267 Warrant#:02-28-WA Incident#:02-289-0F 1TAPEDSTATEMENTS QUANTITY:7 02-219-PR VA:'UE:Sl.00 SERIALP:NOTAVAIL DATE:03/29/2002 Evidence(NotNibrsRepor:ab1eJ I I 1 ~ ' ---...... - . ~ 00229104/08/2002"- - ... ---- .. HAMPTONPOLICEDEPARTMENT Ref:02-311-AR FORDETECTIVELYNNEE page:1 _._..- '--'-1 o STATE OFNEWHAMPSHIRE ROCK! NGHAMCOUNTYHAMPTONDISTRICTCO'JRT 04/04./2002 I,DETECTIVBLYNNBECHARLESTON,dulysworn,herewith app:ica:ion fortheissuanceofanarrestagair.sttje CULLENMUTRIE, Ihaveinformationthatacrimeoroffensehasbeencommittedbythe defendantasfollows: OnMarch23,2002peoplestartedgatheringa:acottagerented byBrianWardandShawnMcIssac.Acrowd0:approximately25 werethere.Alcohclwasprovidedandmostofthepartygoerswereur.der7.1 onMarch24,2002at2:00AM,Sgt.DanielGid:eywaswatching5 OceanBlvd.Hecal:edinvehicleregistrationplatestodispa:chtobe rQrded..isaresider.cet!:atj-,asbee::undersurvei::'lc.nce:'0:::-ahoIandillegaldrug Onevehic!e::'istedatth:stimetoCULLENMUTRIE. Approximately2:52AM,NicholasCuff,JasonSnook,KatalynKovacs,JamieBennett,NasonLaurenLNU,lef::je residence. AswitnessedbyKovacs,Bennettandother,Cullen caT.e frombehindNicholasCuffwhilehewasstandingofandjumpedNicholsCuff.Usinghishandsinfists,CullenMutrie Nicholas aboutthehead. NicholasCuffwasadmittedtothePortsmouth CareUnit withafracturedskull,swellingonthebrain,brokennose,facial requiringstitchesandfacialswelling. Witnessscatementsindicatethatthisattackwasunprovoked . .Basedupontheforegoinginformation,Ihaveprobable:carrestCULLEN I MUTRIEforthecrimeofSecondDegree elementsof !Assaultareknowinglyorreckelssly seriousDcdi:yir.jurytcanother. , 002292'04"/08/2002"- - ... ---.... ""HAMPTONPOLICEDEPARTMENT Ref:02-311-AR FORDETECTIVELYNNEE Page:1 _._..- --'-1 o STATE OFNEWHAMPSHIRE ROCK1NGHAMCOUNTYHAMPTONDISTRICTCOJRT 04/04./2002 I,DETECTIVEECHARLESTON,beingdulysworn,herewithfortheissuanceofanarrestwarrantagair.stdefer.dant: CULLENMUTRIE, Ihaveinformationthatacrimeoroffensehasbeencommittedbythe defendantasfollows: OnMarch23,2002peoplestartedgathering .,acottagerented byBrianwardandShawnMclssac.Acrowdofapproximately25individ'jals werethere.Alcohclwasprovidedandmostofthepartygoerswereur.der7.1. onMarch24,2002at2:00AM,Sgt.DanielGid:eywaswatching5 ceanBlvd.Hecal:edinvehicleregistrationplatesto torQrded..isaresider.cetl:athasbee:,.unGersurvei:lance:0::-ahoIandillegaldrug Onevehicle:istedatthistimetoCULLENMUTRIE. Approxi.mately2:52AM,Nic;'101asCuff,JasonSnooK,Katalyn;