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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.”

Bail Magistrate Stephanie Johnson ignored evidence that Michael Gleason Jr. was dangerous and allowed him to walk free months before he murdered his estranged wife. That was the finding of a court-appointed commission looking into Gleason’s murder of 25-year-old Marisol Fuentes at a Berlin restaurant in July.

The Internal Review Committee appointed by Chief Justice Gordon MacDonald was tasked with reviewing the conduct of court officials involved in Gleason’s criminal cases. It released its final report Monday criticizing Johnson for ignoring the evidence of Gleason’s potential for violence when she rejected the Berlin Police Department’s request that he be detained and instead released the 50-year-old repeat offender on cash bond.

“Implicit in the magistrate’s decision was a determination that it had not been shown by clear and convincing evidence that Gleason posed a danger to himself or to the public. The Committee concludes, however, that sufficient evidence existed to hold Gleason in preventive detention,” the report states.

Gleason murdered Fuentes July 6 inside the La Casita Mexican restaurant in Berlin where she worked. He then took his shotgun into a bathroom and killed himself.

Gov. Kelly Ayotte, who has previously called for Johnson’s resignation, said the case supports her push for the state’s new bail reform law.

“Marisol Fuentes’ murder was tragic and preventable, and the magistrate who made the decision to grant bail to her killer should resign. While we cannot undo that horrific crime, we can and must do better in the future,” Ayotte said in a statement.

“Since I’ve been in office, I have said that the magistrate system should be eliminated, and once the bail law I signed takes effect next month, it will be. I was also proud to sign laws to protect victims and prevent future tragedies with the help of our new Domestic Violence Fatality Review Committee. We will continue to work every day to protect victims and keep dangerous criminals behind bars.”

Executive Councilor John Stephen (R-District 4) said it’s past time for Johnson to resign her position.

“The court’s internal review makes it clear: there was sufficient evidence to hold Gleason in preventive detention, yet he was released. That failure had fatal consequences and must never be repeated,” Stephen said. “I renew my calls for the immediate termination of Magistrate Stephanie Johnson and call on the legislature to further review the Circuit Court judge’s decision to continue bail in whatever context it deems appropriate.”

Johnson isn’t the only official implicated in failing Fuentes. District Court Judge Janet Subers, as well as the Berlin Police Department, are also cited in the report for their collective inaction.

Responding to the public outcry after Fuentes was murdered, MacDonald tasked Associate Supreme Court Justice Melissa Countway and Administrative Judge of the Circuit Court Ellen Christo to form the committee and investigate.

Gleason was charged in April with sexually assaulting Fuentes, kidnapping, and theft. Gleason allegedly stole $8,000 in cash from his young wife during a violent ordeal in their Berlin home. The day after Fuentes went to police, Gleason was caught running away from the couple’s home. At the time of the arrest, Gleason was carrying Fuentes’ cellphone.

There is no recording of the April bail hearing before Johnson, but the committee reports there was enough on the record at that time to find Gleason dangerous and a risk for further intimate partner violence, or IPV.

“Given that there is no transcript or audio recording of the proceeding before the magistrate, it is unknown what information and arguments were presented. There are, however, certain facts that were known at the time of the bail proceeding that are apparent from the affidavit supporting the arrest warrant and the complaints, which were indicative of dangerousness or IPV,” the report states.

Those facts include the age difference between Gleason and Fuentes, the violent nature of the alleged sexual assaults, and Gleason’s alleged efforts to keep Fuentes from reporting the assaults, such as stealing her money and her phone. Johnson’s bail order does not include a stipulation that Gleason prove he did not use the stolen $8,000 to pay his $5,000 cash bail. Her order also failed to include the home address as part of the no-contact provision of the order, according to the report.

A few days later, Gleason was arraigned in front of Judge Subers, who continued Johnson’s bail order despite also having enough evidence to find him dangerous, according to the report. Subers, however, did order that Gleason prove he did not use money he stole from Fuentes to pay his bail.

As the weeks progressed, Gleason was accused of stealing money from Fuentes to pay for his defense attorney, while in an unrelated case, a 17-year-old girl obtained a protective order on July 1 alleging he sexually assaulted her.

Gleason was subject to at least four court orders to relinquish his guns, ammunition, and knives based on the statements Fuentes and the other alleged victim made that he kept weapons in his home and car. But there is no record that the Berlin Police Department ever followed through and took away his guns or other deadly weapons, according to the report.

On at least two occasions, officers claimed that taking away Gleason’s weapons was not applicable to serving the relevant orders. Why Gleason’s guns were never confiscated — including the murder weapon — was not made clear in the report.

Berlin Police Chief Jeff Lemoine acknowledged last month the start of an internal investigation into why his department did not act when it got a report that Gleason was making “concerning comments” days before the murder.

Regardless of the outcome of efforts to hold her responsible, Johnson is going to lose her job as magistrate. The new bail law does away with the magistrate’s position altogether. Magistrates were intended to take pressure off judges and conduct bail hearings on nights and weekends.

Johnson, a private attorney married to state Rep. Erik Johnson (D-Strafford), was appointed to the position last year under a since-repudiated bail reform law backed by former Gov. Chris Sununu.

The Committee’s report highlights several gaps in the judicial system when it comes to sharing information and providing representation for domestic violence victims. Stephen said it’s time to close those gaps.

“Public safety must come first. Every risk indicator — protective orders, stalking findings, firearms access — must be in front of the judge before release is considered, and all tools must be available for immediate reconsideration of bail as new facts emerge,” Stephen said.

When Michael Gleason Jr., 50, appeared before Bail Magistrate Stephanie Johnson in April on felony charges of sexual assault, kidnapping, domestic violence, and theft against his ex-wife, she let him out on $5,000 cash bail.

On Sunday, Gleason tracked down his ex, 25-year-old Marisol Fuentes, working at La Casita Mexican restaurant in Berlin, and gunned her down before turning the shotgun on himself.

Now, a state representative wants Johnson out.

Rep. Lori Korzen (R-Berlin) is calling on Johnson to resign from her post. On Thursday, she released a letter she sent to the magistrate urging her to step down.

“The bail system exists to balance the rights of the accused with the imperative of public safety. In this instance, I believe that balance was not achieved, and the result was a preventable tragedy,” Korzen wrote.

“Our community places its trust in the judiciary to exercise prudent judgment, especially in cases where there is a clear risk to individuals and public safety. When that trust is broken, the repercussions are felt far beyond the courtroom; they are measured in lives lost and families forever changed.”

The gruesome murder-suicide has hit the Berlin community hard. During Wednesday’s Executive Council meeting, which was held in Coos County, Councilor Joe Kenney spoke about the crime.

“People ask me how could this happen to a vivacious, young 25-year-old who had everything to live for and had in front of her, and it was all taken away because of a court system that basically give a limited bail amount to this estranged husband.”

Gov. Kelly Ayotte told the Council the incident was more proof the bail reform fix she championed was needed. Asked by NHJournal if she believes Johnson should resign, Ayotte pointed out, “The stronger bail law I championed eliminates the magistrates—and rightly so.”

Ayotte was more explicit in February when she criticized Johnson’s decision to release a stabbing suspect on personal recognizance. At the time, Ayotte used her budget speech to comment on the story and pitch for the new bail law.

“What happened in Manchester last Friday night is completely unbelievable, when an individual accused of repeatedly stabbing a complete stranger, and who has a prior conviction for domestic violence, is allowed to walk free by a magistrate. I cannot emphasize this enough,” Ayotte told the state legislators listening to her speech in the House chamber. “Send me legislation to fix this once and for all.”

Today, Korzen says Johnson needs to resign.

“Our community deserves leaders who act with the utmost vigilance and responsibility, particularly in matters where lives are at stake,” Korzen said. “My deepest sympathies remain with the family of Marisol Fuentes and all those affected by this senseless act. I urge you to consider the impact of this decision and to take the necessary steps to help our community heal and move forward.”