For Immediate Release
May 24, 2010
Assistant Attorney General Karen E. Huntress
(603) 271-3671 or (603) 419-0124
New Hampshire Attorney General Michael A. Delaney and Manchester police Chief David Mara announce that a Hillsborough County Grand Jury has returned murder indictments in connection with a homicide that occurred on April 24, 2009, in Manchester, New Hampshire.
Gary Roy (age 52) has been indicted on three alternative counts of murder for causing the death of Arlene Lopata-Houle (age 50). The murder charges include one count of Capital Murder for causing Lopata-Houle's death before, after or while engaged in the commission of Aggravated Felonious Sexual Assault.
Under New Hampshire law, six different types of murder may be charged as Capital Murder. In addition, depending on the facts, the State may in some instances of Capital Murder seek the death penalty. Here, while the facts of this case fit the legal requirements of Capital Murder, the facts do not support seeking the death penalty. That is because the evidence is not sufficient to prove the required statutory aggravating factors beyond a reasonable doubt.
Therefore, although the murder charges in this case include a Capital Murder charge, the State will not be filing a Notice of Intent to Seek the Death Penalty. Instead, in the event the defendant is convicted of the Capital Murder charge in this case, the law provides for a mandatory sentence of life in prison without the possibility of parole.
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