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Wrongful death suit vs. Labarre to go forward
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By JASON SCHREIBER
Union Leader Correspondent
Wednesday, Oct. 28, 2009
BRENTWOOD – The town of Epping and two members of its police department could be held liable for the death of Kenneth Countie because they were allegedly aware of abuse by Sheila LaBarre but failed to intervene before she murdered him, a judge has ruled.
Rockingham County Superior Court Judge Kenneth McHugh denied a motion to dismiss a wrongful death suit against the town and police Detective Richard Cote and Officer Sean Gallagher, who was formerly a sergeant.
"Assuming the plaintiff's facts as true, a reasonable juror could find that the town of Epping, by the inaction of its officers, enabled Sheila LaBarre to detain, abuse and eventually murder Kenneth Countie," McHugh wrote in his ruling, issued Friday.
The ruling came eight months after the suit was filed by Charles J. Bowser Jr., an administrator for Countie's estate.
The suit accuses police of failing to protect Countie, 24, from LaBarre's abuse in the weeks before she killed her former lover and burned his remains in the front yard of her Epping farmhouse in March 2006.
LaBarre is serving life in prison for the murders of Countie and another man, Michael Deloge, 38.
►UnionLeader.com coverage of the Sheila LaBarre case
The police department has argued that Countie's death was not foreseeable, that its officers were in no way responsible and that they are protected by official immunity.
Charles Bauer of Concord, the police department's attorney, said he's confident that police will not be found responsible.
"I think it's important for readers to understand that the court is not saying that the town or the two officers were responsible for the death of Mr. Countie," Bauer said. "All it's basically saying is that based on the allegations in the lawsuit that the judge can't dismiss it at this time."
The judge dismissed Police Chief Gregory Dodge and Lt. Michael Wallace as defendants in the suit.
Kenneth Countie was photographed at the Epping Walmart on March 17, 2006, riding in a cart holding two fuel containers. Countie appeared bruised and sickly. Days later, he was dead. (COURTESY)
The suit hinges largely on an incident at the Epping Walmart on March 17, 2006. Police were called to the store after LaBarre, who was pushing a sickly Countie in a wheelchair, became unruly.
Cote and Gallagher responded to Walmart and found that Countie had several visible cuts, burns and bruises on his body. His hand was disfigured and swollen, his skin was ashen, and he was reluctant to speak.
Countie was carrying two large plastic gasoline containers on his lap while sitting in the wheelchair.
When Gallagher and Cote tried to ask Countie whether he needed help, LaBarre told him not to speak to the police. The officers eventually left the store.
The next day, Cote contacted Countie's mother, Carolyn Lodge, and told her about Countie and what he had seen, according to Judge McHugh. Several days later, Cote called her again and told her to call for an ambulance for her son, McHugh said in his ruling.
"If after speaking to Countie in Walmart the policemen believed that he was not a victim of abuse, their decision would fit squarely within the protection of official immunity. However, here the officers saw evidence of abuse right in front of them and failed to intervene . . .," McHugh wrote.
The judge also referred to a phone call LaBarre made to Gallagher on March 24, 2006, in which she played a tape recording. On the tape, she identified herself as a justice of the peace and then interrogated Countie about allegations that he raped several children in Massachusetts. Countie was then heard vomiting in the background.
No officer was dispatched to the home to investigate that night, but 16 hours later, Gallagher and Cote drove to the property to perform a wellness check and found that Countie was dead.
If the allegations in the suit are true, the judge wrote, the town had a "statutory duty to protect Countie from further abuse once officers encountered him in Walmart. A reasonable juror could find that, but for the town's failure to intervene on Countie's behalf, Countie would not have been murdered. Furthermore, by allowing LaBarre to control and detain Countie when police knew or should have known that Countie was in danger, they appeared complacent in his abuse and put him in even greater danger."
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YOUR COMMENTS
I don't recall any bad words in my comments but they never wound up being published either.
It's disgusting that all of you Monday morning quarterbacks can read one article and have the audacity to make comments on here blaming the parents. If any of you watched the trial, read the transcripts or followed the situation at all you would know the parents tried repeatedly to get to their son to be stonewalled by both Sheila and the police who protected HER.
Perhaps if she never brought him to Walmart, caused an incident and flaunted his horrific injuries for all to see - including these police officers - maybe the police could get away with saying they did all they could do. My problem isn't only with these two officers who turned their back on Kenny and allowed her to finish what she started - but the rest of the force that allowed Sheila to go on and on for decades acting this way. She only got caught in these two murders because of his family's vigilance in trying to save him. Michael DeLoge's mom never would have had the sad closure to her sons disappearance if Kenny's family didn't try so hard to get him away from her
If it were a woman in the wheelchair or a dog - they would be alive today because they cops would have intervened. Can you imagine being Kenny in that wheelchair with the police right there and being so sick and injured that you can't even speak .. probably thinking you are finally going to be saved .. only to watch the police WALK AWAY?? What kind of message does that give to any abuse victim?? It give the abuser a heck of a lot of power though doesn't it.
There is no excuse for this ending. This should NEVER have happened and hopefully will never happen again.
- Melissa, Nashua
Well you didn't print my last comment ( no bad words). Is this newspaer a little bias, perhaps ?
I think everybody wants to give the Police the night off !
To protect and serve, doesn't mean let the parent go up against Sheila first and brush this off " Sheila being Sheila". Makes you wonder what she might have over them !!!!
- Tommy 59, Brentwood
Please.... The individual officers in this case should not be taking the blame for this monster Sheila. These two officers did their jobs to the full extent of the law. Do you think that that police should have the right to just make a person who is not under the influence of outside substances, or legally declared incompetent to go with them, or force them to seek medical help. Everyone has rights here!! Countie was apparently competent enough to have left home and live on his own.If his mother suspected abuse then she should have made an official complaint. The police protect and serve, they don't babysit for adults, deemed capable!!! These officers names should be dropped from the suite, I hope their documentation is mint, so they can go own with their careers!!
- Kelly, Manchester,NH.
It's funny, I know several people that wrote on this blog site praising the family of Kenneth Countie and all I see is the negative ones bashing the family....What gives??? Is this how you do things, remember, as I'm already sure you're aware of. "the poor families read these blogs, I'm sure....Haven't they suffered enough!!!! No one, but not one knows, what the families did or didn't do, but them...People,,,,,take one minute to walk in their shoes and tell me, would you want to read this in the blogs....Kenny Countie Sr and Carolynn Lodge, I aplogize for peoples ignorance..Union Leader...you should be ashamed of yourselves for only printing the horrible ones....
*** Editor's note: Only one comment defending the family was submitted in response to this story. It was not posted because it contained crude language. ***
- Marc Wilson, Brentwood, NH
I agree with everyone that mentions his family and what they did (or better, failed to do) to help their son. It is the duty of law enforcement to 'Serve and Protect', not to take care of the general public. There are some very sick people out there and the woman that murdered these men is on top on the heap. If all of these murderers could be 'profiled', then there would be no murders ...not likely. BTW, my house got vandalized too. I called the police to let them know so hopefully they could be caught before they did it to someone else's house. Unfortunately, that never happened. But, I did not expect that the police could do anything more than be informed. There are always going to be morons that commit random acts of stupidity (vandalism, not murder which is true evil). Keeping the police informed is the only way to deter them.
- seymour, Framingham, MA
Give me a break...why didn't the parents get involved way before any of this could take place??? Countie had a mental handicap, as a parent I would certainly be looking out for his well being! And as Cheryl from Manchester points out, they could have easily had the police get involved well before any of this happen.
Funny...no on asking them that question!
As tragic has this was, I'm rather trouble by the the parents motives too and I hope thier reason are for their son and not for the green!
- Mike, Epping
I thought I read somewhere that Countie had a cognitive deficit...mentally challenged..or something. The family would have been able to do something if this was the case, ultimatley the police could have saved his life.
- Cheryl, Manchester
Even aside from the fact that the courts have been mostly consistent in ruling that individuals have no right to police protection, I don't see why the town and poice are being sued. Per this article, the Detective and officer didn't witness any abuse or assault, and Countie wouldn't make a complaint. It doesn't look like there was much the police could do legally. But Cote _did_ make a point of contacting Countie's mother (who would have more legal standing to have her son removed from LaBarre). Apparently she did not take such action, and Cote had to call her again to suggest she get an ambulance for her son.
Is that a fair summary?
LaBarre killed Countie. Don't blame the police.
- Carl Bussjaeger, Lyndeborough
I'm curious to know what people think the police should have done. If Countie does not tell the police that Labarre assaulted him, and Labarre does not admit to it, then there is no evidence to make an arrest. And the police cannot force a victim to get a restraining order or leave their home if they do not want to.
- Alex, Claremont
TO D.MORRIS FROM TRASHUA:
You say we live in a society where it's always the other one's fault, or people blame someone else, instead of living up to there actions. I can't help but notice you say all this, while blaming the parents. If the police would have done there job in wal-mart and taken action, this could have been avoided. I am willing to bet if the roles where reversed (police seeing a women with cuts, and marks on her body) and when asked about it, her boyfriend barked "don't talk to the police" the police would have done something. I am not saying the police are to blame for his death, but they could have done something to help prevent it. In no way is it the parents fault. Practice what you preach my friend!
- Chris, Manchester
As I remember reading this story months ago the Police once went there and LaBarre pulled one of these men up in front of a winow by the hair and then dropped him back down indicating that she believed he was OK. At that point and after the Wal mart incident there should have been further investigations to ENSURE the welfare of thos emen living there. I believe the town bares a lot of responsibility in this matter.
- BA, Derry
Seriously? At the end of the day, this monster was the one who killed Countie. Police are only allowed to do so much and even if they had interviened that night at Walmart, Countie was an adult and probably would've ended up back at LaBarre's home..and still end up dead. He was confused and being mind controlled. This story is sad but please, lets just prosecute who is do for it and move on.
- Rick, Plaistow
As a foirmer resident and homeowner in Epping, it does not surprise me that this scenario existed and continues to draw attention. Our home was vandalized and we were initimidated by local punks and the attitude of the police was "no one was hurt so get over it, these folks have rights too."
- Richard, Manchester
I would like to know what actions the family took as they were also aware of their son's condition. How about taking some responsibility for allowing their disabled son live with this monster? Of course not, we live in a society where it's always the other one's fault. No one takes personal responsibility anymore. These parents knew of their son's history, they should have taken action.
- D. Morris, Nashua
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