AG: No Jail Time for Guard Who Assaulted Inmate at Men’s Prison; Victim Not Named

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Nancy West photo

New Hampshire State Prison for Men in Concord

Editor’s Note: The Attorney General’s Office is frequently using only initials instead of naming victims in news releases. In past years, initials were usually reserved for juveniles or sexual assault victims. Attorney General John Formella’s spokesman said: “The practice of using initials for victims is consistent with RSA 21-M:8-k requiring that victims are treated with fairness and respect for their dignity and privacy.” Other state departments and NH Courts are also sometimes using initials instead of names in official court records even when they are adults and not victims of sexual assault. InDepthNH.org believes this practice violates the state’s right-to-know law RSA 91a and the New Hampshire Constitution, is monitoring the situation and considering legal action. — Nancy West

Attorney General John Formella’s press release March 21, 2024:

CONCORD: – Attorney General John M. Formella announces that former New Hampshire Department of Corrections Officer Theophilus Osabutey, 41, of Laconia, New Hampshire, has pleaded guilty to class A misdemeanor Simple Assault, in violation of RSA 631:2-a.

The Complaint alleged that on or about November 4, 2022, Mr. Osabutey knowingly caused unprivileged physical contact with E.S. by striking E.S. on or about his head, face, and/or body at the New Hampshire State Prison for Men, when Mr. Osabutey was at the time an on-duty law enforcement officer with the New Hampshire Department of Corrections and E.S. was an inmate at the New Hampshire State Prison for Men. 

Pursuant to a fully negotiated plea agreement, Mr. Osabutey was sentenced to twelve months in the House of Corrections, all suspended for a period of two years.  Mr. Osabutey was also ordered to complete fifty hours of community service and to complete an anger management evaluation and any recommended treatment.  In addition, Mr. Osabutey agreed to surrender his corrections officer certification, and to not seek further employment in law enforcement or corrections.  He also agreed to not contest his placement on a national registry of decertified officers or on the New Hampshire Attorney General’s Exculpatory Evidence Schedule (EES). 

If Mr. Osabutey violates any of the above conditions within two years of the date of sentencing, the State may seek to impose the suspended portion of his negotiated sentence.

This case was investigated and prosecuted by the Attorney General’s Public Integrity Unit, with the assistance of the New Hampshire Department of Corrections.  The Public Integrity Unit investigates and prosecutes allegations of criminal conduct committed by state officials and law enforcement officers in the State of New Hampshire.

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