Tuesday, December 14, 2010

Nashua, NH: Report: Man protective of girlfriend

By ANDREW WOLFE Staff Writer
NASHUA – Brandon Gaudette died trying to protect his girlfriend from her ex-boyfriend, who had threatened previously to kill them both, according to newly released police reports on the case.

Brandon Nye, 19, of 51 Major Drive, Nashua, pleaded not guilty to charges of first- and second-degree murder at his arraignment Friday in Hillsborough County Superior Court, and he remains jailed, held without bail.

Nye admitted to stabbing Gaudette, after first claiming to have blacked out, according to the affidavit police prepared for the warrant supporting his arrest. The affidavit had been sealed, but was released Dec. 10 at the Telegraph’s request.

Nye’s lawyers, public defenders Ed Cross and Bonnie Howard, have raised concerns about his mental health, and it’s likely that a judge will be asked to decide whether Nye is mentally competent to stand trial.

Police claimed that Nye stabbed Gaudette, 21, to death during a scuffle at 74 Ridge Road, the home of Nye’s ex-girlfriend, Erin Allwood, on Aug. 23.

Nye had persisted in calling, texting and visiting Allwood after she broke up with him, after a two-year relationship, she told police. Nye had learned that Allwood was dating Gaudette and had threatened previously to kill her, or him, she told police.

Nye visited with Allwood for about half an hour earlier in the afternoon on Aug. 23, asked her about her relationship with Gaudette, and left saying that he was upset because they were no longer together, she told police.

Gaudette came to the house later that afternoon to pick up Allwood, to go out for the evening, she told police. About 4:30 p.m., as they were leaving her room on the second floor and getting ready to leave, Nye came rushing at them from the top of the stairs. They hadn’t heard Nye come into the house, Allwood told police.

Gaudette stepped in front of Allwood as Nye ran at them, and he and Nye began fighting with their fists, Allwood told police. Allwood watched as they fought, and saw Gaudette suddenly grow limp, and a red spot appear on his chest, police said. Nye had blood spattered on his face, and a knife in his hand.

Allwood took out her cellular phone to call 911, but Nye took it from her, and insisted she call his father first, police said. Nye told his father he had killed someone and asked his father to take care of Allwood, she told police.

Nye’s father was incredulous and asked to speak with Allwood, who confirmed that Nye had killed Gaudette. Allwood recalled hearing Nye tell his father, “I killed Erin’s boyfriend,” and later, “Sorry, dad, I’m not going to jail, my life is going to end here.”

Once Nye gave her phone back, Allwood called 911 at his request, and then sat down with Gaudette on the floor, holding his head in her lap, she told police.

Nye tried to pull her away, saying, “He’s gone,” she told police, and then sat down next to her and cut his wrist with his knife, police said. Allwood took the knife – which turned out to have come from her kitchen – and then went downstairs and outside, where she met police.

Nye was brought to St. Joseph Hospital, where he was treated for his self-inflicted wound. Detectives Daniel Archambault and Robert MacLeod spoke with him there, and asked what had happened. Nye told them at first, “I don’t remember. I blacked out. I remember going upstairs.”

Asked what he had told his father on the phone, however, Nye said he had apologized, and told his father that he’d stabbed Gaudette.

Gaudette was a Nashua High School South graduate, who worked as a security guard for UPS and aspired to become a Marine and eventually a police officer, his family said.

Nye originally was charged with second-degree murder, but grand jurors indicted him last month on first-degree murder, as well. The charge carries a mandatory sentence of life in prison, without chance for parole.

A psychiatrist who examined Nye on Oct. 6, Dr. Daniel Coniskey, concluded Nye was not able to adequately understand the charges against him or participate meaningfully in his defense, according to district court records. Records show Coniskey thought Nye would likely get better and be restored to competence with time and treatment, however.

Senior Assistant Attorney General Jeff Strelzin has declined to comment on whether the state’s expert, Dr. Albert Drukteinis, has examined or evaluated Nye, and no hearings on the matter have been scheduled. If a judge finds Nye is not competent, the court could order Nye be held for treatment until his mental health improves, or until he is no longer deemed dangerous.

Brandon Gaudette’s mother, Cindy Gaudette, told The Telegraph after the stabbing that her son and Allwood had reported previously to law enforcement that Nye had threatened them.

“My son’s girlfriend’s ex was threatening him all the time. ... No one ever did anything about it,” she said at the time. “People should really take it seriously when someone’s threatening somebody. … People should take it seriously even when it’s teenagers, because they can be abusive too.”

Andrew Wolfe can be reached at 594-6410 or awolfe@nashuatelegraph.com.

1 comment:

Unknown said...

Why, do they Waite for him to be better, he should be trued now, dragging it out, only hurts the family's, it going to make us have to relive it latter, its so unfair......