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Two days before Marisol Fuentes was viciously gunned down by her estranged husband, Michael Gleason Jr., Berlin police failed to take action on a report that Gleason was planning to kill her.

The revelation that Berlin police could have stopped Gleason before he killed his wife and turned the gun on himself is one of the many systemic failures found in the New Hampshire Attorney General’s Office report released Tuesday.

“Based on the facts developed to date, the DOJ concludes that the Berlin PD officer’s actions in response to the information Berlin PD received from the Carroll County Sheriff’s Department were wholly insufficient under the circumstances,” the report states.

Gov. Kelly Ayotte said the DOJ report shows New Hampshire has a long way to go when it comes to helping victims of domestic violence.

“Our justice system failed Marisol Fuentes at every level, from the local police to the magistrates. We must do better so that this never happens again,” Ayotte said.

The report is the first step in fixing the system, Executive Councilors Joe Kenney (R-Wakefield) and John Stephen (R-Manchester) said in a statement. They want full investigations into all the police and judicial officials who allowed Gleason to remain free until the July 6 murder.

“Marisol’s story is a stark reminder that domestic violence knows no boundaries, and our response must match its urgency. We stand ready to support these reforms through the Executive Council and will continue advocating for resources to make New Hampshire a safer place for all,” Stephen and Kenney said.

Amanda Grady Sexton, director of public affairs for the New Hampshire Coalition Against Domestic and Sexual Violence, said New Hampshire needs to take steps to share information about domestic violence cases between police and courts, such as requiring the use of lethality assessments for domestic violence cases.

“Only when police, prosecutors, and the courts have full information about an offender’s history and access to evidence-based lethality assessment tools can they make informed decisions that best prioritize the safety of victims and the public,” Grady Sexton said. “The coalition will continue working closely with survivors, surviving family members, and state partners, including the legislature, to ensure that lasting change is made. Every survivor in New Hampshire deserves to be believed, supported, and protected when they reach out for help.”

Gleason let himself into the La Casita Mexican Restaurant in Berlin with a stolen key on the morning of July 6, hours before it opened, according to the report. The violence was captured on the restaurant’s surveillance cameras.

Gleason hid behind a corner booth for hours waiting for Fuentes to get to work. When Fuentes started working alone behind the counter, Gleason left his hiding place, carrying a sawed-off shotgun. He shot her at close range and continued shooting her as she lay on the kitchen floor.

Gleason then went to the nearest bathroom and shot himself in the face with the shotgun. But the blast didn’t kill him, according to the report. The horribly disfigured Gleason stumbled out of the bathroom and walked around the dining area to the front door of the restaurant, and finally back to where Fuentes was on the floor.

After a minute of shambling, Gleason went back to the bathroom and can be seen by the camera picking up the shotgun, aiming it under his face, and firing the fatal shot.

But days before he committed that terrible violence, Gleason told his friend, Walter Marchiso, what he planned to do. Marchiso saw Gleason on July 2 and 3 and was so alarmed by what he heard, he called the Carroll County Sheriff’s Department on July 4. According to Marchiso, Gleason repeatedly talked about killing himself and Fuentes.

“Gleason (told Marchiso), not being in his right state of mind, that he had been having a hard time with the woman he married and that he should just kill himself and maybe take her out too,” the report states.

Marchiso called the Carroll County Sheriff’s Department at 6:17 a.m. on July 4, and Carroll County got that information to Berlin police before 6:31 a.m. the same morning. By 6:36 a.m., Berlin Officer Jarod Beale was fully aware of Marchiso’s concerns. But from there, Beale did little to investigate and closed the case by 7:30 a.m., according to the DOJ report.

“[Beale] contacted Gleason by phone, and that Gleason denied both knowing anyone by the name of Marchiso and that he needed any assistance. No further action was taken by Berlin PD relative to Marchiso’s call,” the DOJ report states.

Gleason wasn’t a stranger to Berlin police when the July 4 report came through. He had been on police radar since at least April of this year, when he was first arrested for assaulting Fuentes. He was in and out of court for no-contact orders and criminal hearings, as well as an accusation that he sexually assaulted a minor child.

Bail Magistrate Stephanie Johnson already lost her job when it came out that she allowed Gleason to remain free on $5,000 cash bail after his April arrest on charges of kidnapping, domestic violence, aggravated felonious sexual assault, domestic violence, and theft by unauthorized taking. At the time, the Berlin police prosecutor wanted Gleason held without bail due to the danger he represented to Fuentes.

The DOJ report faults Berlin police for not taking any action to protect Fuentes after receiving the report from Carroll County, but is careful not to blame any individual officer. There’s currently a pending internal investigation in the Berlin department, and the DOJ states its report illustrates the need for more training.

“This lack of action highlights the need for further training for law enforcement in communicating with and supporting victims in domestic violence cases,” the report states.

Attorney General John Formella said Fuentes’ murder is exactly the type of crime the Domestic Violence Fatality Review Committee, created this year by an act of the Legislature, is designed to prevent. Formella announced the membership of the committee on Tuesday after the report was made public.

“Historically, more than half of the homicides handled by the Attorney General’s Office have been related to domestic violence,” Formella said. “Each of these tragedies has a devastating impact—not only on the families and friends of the victims but on the broader community. The work of this committee is designed to ensure that we are learning from these cases, strengthening our systems, and doing everything we can to prevent future fatalities.”

One is a former cop who is fighting to keep the records surrounding his firing from the force secret.

Another is a progressive who has spoken at “defund the police” rallies urging drastic restrictions on policing.

And another used her social media account to echo antisemite Louis Farrakhan’s language about Jews being “termites.”

What do they all have in common?

They all play a key role in overseeing law enforcement and crime policy in the Granite State as members of the House Criminal Justice and Public Safety Committee.

The committee is currently chaired by Rep. Terry Roy (R-Deerfield) who was fired from the Gardner, Mass. police force for lying on his Massachusetts license to carry a firearm application, according to court records.

He serves alongside fellow Republican Rep. Jon Stone (R-Claremont), who is fighting a Superior Court order to unseal the Claremont Police Department internal affairs records that might allow voters to know why he was fired from being a police officer.

Democrats on the committee include Rep. Allisandra Rodríguez-Murray (D-Manchester), who supported the “defund the police” movement and has made problematic statements regarding allegations of antisemitism among her fellow progressives.

Peterborough Democrat Jonah Wheeler, another new member of the committee, also aggressively promoted the “defund the police” movement speaking at rallies advocating the policy.

Those members of the Criminal Justice committee will weigh in on proposed law changes, like the one to eliminate the physical fitness requirements for police officers, or one allowing convicted felons to own guns, or another legalizing Dimethyltryptamine, a powerful hallucinogenic drug used in some native peoples’ religious ceremonies.

Pat Sullivan, executive director of the New Hampshire Chiefs of Police Association, said he and other advocates in the law enforcement and public safety community, will work with whoever sits on the committee.

“The New Hampshire legislature is the third or fourth-largest legislative body in the world, we get what we get,” Sullivan said.

Neither Stone, Murray, nor Wheeler responded to requests for comment.

According to court records, Roy was fired from the Gardner, Mass. Police Department in 1999 after then-Police Chief James Dufort discovered Roy lied on his original application for his license to carry a firearm. Dufort sent Roy a letter detailing why he was revoking the license.

“I find that you are not a suitable person to be licensed to possess a firearm,” Dufort wrote.

According to a court opinion affirming the revocation, Dufort believed Roy lied on his original application when he claimed he never had a prior criminal conviction, and that he had never used drugs.

“Chief Dufort discovered, however, that Roy’s criminal records indicate that he twice appeared before a juvenile court on delinquency complaints, one for a false alarm and another for larceny. In addition, while serving in the United States Army in 1990, Roy admitted to possession and use of cocaine,” Judge Timothy Hillman wrote.

Roy would keep fighting his termination in court, which he said was payback from some in Gardner City Hall after he arrested a city councilor for drunk driving. He eventually reached a settlement with the city, had his personnel record cleared, and had his termination changed to a resignation. Even though Roy would get his firearms license back and go on to work as an investigator for the state of Massachusetts, his time in Gardner continues to be used by political enemies.

“Because they know, that no matter how small the position, whether it pays, is volunteer, or as in this case, actually costs the person money to do; the other party will attempt to drag them and their families through any mud they can find, regardless how old or how untrue,” Roy said. “I was a much younger and healthier man a quarter century ago when I originally fought and won this in the press and the courts. It would be nice to be able to stop at some point.”

Stone, like Roy, became politically active after his career in New Hampshire law enforcement ended with termination. He is currently a member of the Claremont City Council and won a close vote in November to take the seat in the state House.

In 2006, Stone was fired from the Claremont Police Department for reasons that have never been made public. This reporter made a 2020 Right to Know request seeking Stone’s internal affairs records, and Stone has been attempting to keep the investigations into his actions as a police officer, and the possible reasoning for his firing from the department, hidden from the public since.

Last month, Sullivan Superior Court Judge Martin Honigberg ordered Stone’s records released, but stayed that order to give Stone time to appeal to the New Hampshire Supreme Court.

House Majority Leader Jason Osborne (R-Auburn) dismissed concerns about Roy and Stone’s past.

“I can’t imagine why I would concern myself with the distant past HR file of a legislative colleague,” Osborne said.

Rodríguez-Murray and Wheeler have both been vocal in their support for defunding police. They are also part of the progressive Rights and Democracy organization that targeted former Rep. Nicole Klein Knight (D-Manchester) after she complained about Rep. Maria Perez’s anti-Semitic statements.

Wheeler was following Klein Knight out of a committee meeting when she got into a verbal exchange with him, during which she used the n-word several times. She later claimed she was using the word as an example of offensive, and not pejoratively directed at Wheeler, who is African American.

During the ensuing fallout, Rodríguez-Murray decried Klein Knight’s lack of an apology two weeks after the incident and employed an anti-Semitic trope.

“Two weeks without an apology from @RepNicoleK and I’m done expecting one. we kicked the termite nest and uncovered racism permeating further into the party than we could’ve anticipated, and I for one am done wasting my energy on so-called allies,” she wrote on Twitter.

The “termite nest” reference echoes a highly-publicized statement by notorious antisemite Louis Farrakhan who declared, “I am not an antisemite. I am anti-termite.”

Klein Knight herself had been a member of the Criminal Justice and Public Safety Committee until the incident with Wheeler.

House Minority Leader Rep. Matt Wilhelm (D-Manchester) did not respond to a request for comment.

Sullivan said he and the police chiefs who go before the committee work hard to connect with all the members and educate them about the realities of police work. Ultimately, it is the voters who decide who gets to go to Concord he said.

“These are elected folks and their constituents elected them,” he said.

Democrats have replaced the representative who used the “N-Word” on the state House Criminal Justice and Public Safety Committee with the representative who said police are a danger to Black men.

It is yet another fiasco from the fallout of the Rep. Nicole Klein Knight (D-Manchester) incident, which continues to wreak havoc within the House Democratic Caucus.

Klein Knight was called out by Black and Latino progressives after she (allegedly) used the “N-Word” more than 20 times during a State House confrontation with 18-year-old Democratic activist Jonah Wheeler. During the encounter, Klein Knight also called security on Wheeler, who is Black.

Klein Knight, who has remained silent since NHJournal broke the story, was booted from her position on the Criminal Justice committee — which handles issues of policing and law enforcement — at the request of Democratic leaders. In a surprise — advocates for law enforcement call it shocking — move, Democrats replaced her with Rep. Manny Espitia (D-Nashua).

Espitia created a controversy of his own when he said Klein Knight’s decision to call State House security officers to confront Wheeler put the young man in danger because he is Black.

“Rep. Klein Knight represents one of the most racially diverse districts in the state and should therefore feel an even greater responsibility to uplift Black, Brown and Indigenous voices,” Espitia said last week. “Instead, she engaged in degrading, bigoted behavior against a young Black man, eventually calling security on him, despite being fully cognizant of the heightened dangers Black men face in this country in the presence of law enforcement.” [Emphasis added.]

Espitia issued a partial apology in response to widespread criticism.

“A statement I recently made in which I referenced the ‘heightened dangers Black men face in this country in the presence of law enforcement’ has been misrepresented in a news article to imply that I was calling the integrity of our Protective Services personnel into question,” Espitia wrote to his House colleagues. “I apologize for not choosing my words more carefully, and I appreciate you providing me the opportunity to make this important clarification.”

Espitia’s view, that systemic racism among law enforcement makes them a danger to people of color, is the basis of the #DefundThePolice movement supported by New Hampshire progressives. While it is embraced by the New Hampshire Black Lives Matter organization and the NH ACLU, polls show it is not a popular view among voters.

Espitia did not respond to a request for comment.

Now, Espitia sits on the committee that oversees law enforcement policy in the state, though his appointment was news to members of the committee contacted by New Hampshire Journal. Rep. Laura Pantelakos (D-Portsmouth) was surprised to learn of Espitia’s placement on the committee and she is not thrilled with his comment about police.

“I think that’s a stupid statement,” she said. 

Rep. John Burt (R-Goffstown), who also serves on the committee, was likewise surprised to learn Espitia was Klein Knight’s replacement.

“I personally think it’s the wrong pick. We deal strictly with law enforcement issues, if he’s already against law enforcement how can he be impartial on votes?” Burt said.

Hollis Police Chief Joseph Hoebeke, speaking as president of the New Hampshire Association of Chiefs of Police, said Espitia’s comments are disheartening and frustrating. 

“You need to be very careful when you make assertions like that. I don’t think it’s appropriate for public officials to say things like that,” Hoebeke said.

Hoebeke said there is simply no data to prove New Hampshire police present a danger to Black men, and there has been a years-long movement in law enforcement to address community concerns. Instead of repeating the #DefundthePolice rhetoric, Espitia should reach out to law enforcement and engage in a conversation, Hoebeke said.

“We need to focus on relationships rather than make more divisions,” Hoebeke said. “Comments like that don’t help.”

Assistant Department of Safety Commissioner Eddie Edwards, said the state works hard to make sure all people are treated fairly. Edwards is Black and a former New Hampshire police chief.

“As someone with firsthand experience and accountability responsibilities, I believe no state is working harder to make certain all residents and visitors are treated with respect and dignity while interacting with law enforcement,” Edwards said.

Pantelakos would not say if Espitia’s views of law enforcement made him a good pick for the committee. Instead, she deferred to the judgment of House Minority Leader Renny Cushing (D-Hampton), who made the choice.

“I would assume that Minority Leader Cushing felt that (Espitia) could do the job. It’s not always easy to say who should be on the committee and who shouldn’t be on the committee,” she said.

Neither Cushing nor his deputy Rep. David Cote (D-Nashua), responded to a request for comment.