Politics & Government

AG Ends Probe of 'Duck-gate'

Attorney General concludes investigation into Nashua state representative's killing of five ducks outside the Crowne Plaza.

New Hampshire Attorney General Joseph A. Foster announced the conclusion April 24 of the investigation into State Rep. David Campbell in connection with him killing five ducks outside the Crowne Plaza in Nashua late last year.

The investigation also covered the involvement of former Nashua Police Commissioner Thomas J. Pappas Jr., who picked Campbell up after he ran his BMW over the ducks. It was Pappas who called police later to inquire if it was OK if he and Campbell visited the police station the next day. The Attorney General's report concluded there was not enough evidence to prove beyond a reasonable doubt that Pappas acted with the purpose to hinder law enforcement.

"While Campbell's and Pappas's versions of the events in many regards are simply not credible, their actions do not give rise to criminal violations," the Attorney General's report concluded, in part.

Campbell declined to be interviewed through the investigation, but described some of his statements to others on Dec. 23, 2013 as "untruthful."

"Based on the Attorney General's review of the evidence, including a review of the scene and discussions with the Nashua Police, the Attorney General concludes that the Nashua Police's decision not to bring a reckless driving charge was well within their prosecutorial discretion," according to the report.

Campbell, an attorney, pleaded no contest to a charge of illegal taking of waterfowl. At that time, he issued this statement: "I apologize and ask forgiveness from those I have offended and from others that may judge me solely on the basis of this very unfortunate accident."

Gerald R. Prunier, an attorney representing Campbell, issued a press release April 24 describing the Attorney General's investigation as a "fishing expedition."

Below is that press release in full:

My client, David Campbell, stands behind the several apologies and statements he has made regarding the incident of December 23, 2014. He fully cooperated with the investigation by the Nashua Police Department, and was issued a violation to which Mr. Campbell pleaded no contest, and paid the court ordered restitution and fines. He made a voluntary contribution to New Hampshire Audubon. 

Because Mr. Campbell’s friend and personal attorney Thomas Pappas was also a Nashua Police Commissioner, the Attorney General launched a probe into whether there was any wrongdoing regarding the police investigation of the incident. My client, on the advice of his criminal attorney, Eric Wilson, declined to be interviewed because Mr. Campbell’s case had already been adjudicated. The Nashua Police investigation was proven to be professionally conducted and thorough. 

However, the Attorney General’s investigation turned into an exhaustive and unproductive fishing expedition into Mr. Campbell’s personal life. What the investigation and report totally fails to take into account in the evening’s events, is the role of my client’s chief accuser, Mr. James Murphy. 

Mr. Murphy was a Southwest Airline Pilot on layover at the Crowne Plaza hotel, where he had stayed before. The other witnesses at the scene were primarily comprised of his flight crew. Mr. Murphy and his crew were improperly feeding wild ducks in the driveway of the hotel at 10 o’clock at night in front of a sign that says: “Please Do Not Feed the Waterfowl.” The hotel staff confirmed with Police that the roadway was not a one-way. After Mr. Campbell stopped his vehicle and got out of his car, he was immediately confronted by a highly agitated and screaming Mr. Murphy, who came within inches of his face, cursed at him and shouted that “they were feeding those ducks.” 

Mr. Murphy continually yelled, harassed and followed my client. He shouted “Oh my God, he’s a State Senator.” Mr. Campbell saw Mr. Murphy photograph his license plate, from which he was aware that he could obtain his personal information, including his home address. At the time, my client had no idea who Mr. Murphy was, where he lived, or what he was capable of. Given his highly agitated and threatening disposition which included “I am going to make you hurt like the ducks,” several assertions of his being “an ex-Marine,” and his statement that my client was going to be his “mission,” Mr. Campbell told the Police he was concerned for his safety, feared a physical altercation, and walked across the parking lot to his office building. 

The investigation also failed to mention that on the day after Christmas, Mr. Murphy sent out inaccurate and defamatory emails to the House Republican Leader and several New Hampshire media outlets calling my client “a senior Democrat”, signing it as “a concerned citizen.” 

The evidence shows that Mr. Campbell was not impaired by alcohol, but that he was very upset about running over the ducks, and concerned for his safety that evening. His subsequent actions are consistent with those concerns. My client was completely truthful with the Nashua Police, although the Attorney General’s report does not fully disclose all the statements he made. 

Attorney General investigators chose to pursue a line of questioning of witnesses, which indicated another pre-determined conclusion. This investigation and report seems more aimed at destroying Mr. Campbell’s reputation than the pursuit of justice. The fact that over a dozen of Mr. Campbell’s friends were interviewed shows the extent of the inquiry, which produced no conclusion of illegal conduct. 

There are 115 unsolved murders in New Hampshire. This report regarding my client, consumed over a hundred hours of the State’s limited investigative resources, and thousands of taxpayers’ dollars, and calls into question the priorities of the Attorney General’s office.


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