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Family Sues Massachusetts and Worcester County Over Murdered Couple’s Wrongful Deaths

Three years after Brian and Beverly Mauck were murdered, their families and the couple’s respective estates are suing 15 employees or supervisors of the Massachusetts Department of Correction, the Masachusetts Commonwealth Fusion Center, and Worcester County District Attorney’s Office for their wrongful deaths. The Maucks were fatally shot in their home by Daniel Tavares, Jr. on November 17, 2007. Now, their family is seeking over $20 million in damages.

Tavares, who was the couple’s neighbor, had been released from a Massachusetts prison just five months prior to their murders. He had just finished serving 16 years for murdering his mother.

Tavares later admitted that he killed the Maucks because he thought that Brian owed him $50 for a tattoo. He has since pleaded guilty to the Maucks’ slayings.

Tavares shot Brian, 30, in the temple and in the back of his head. He shot Beverly, 28, multiple times at close range. He is serving a life term in prison without the possibility of parole.

An investigation after the couple’s murder revealed that Massachusetts corrections officials could have kept Tavares in prison for almost another year if only they had documented his two assaults on others while behind bars. More than 100 serious disciplinary complaints were filed against him while he was serving the first murder sentenced.

After Tavares fled to Washington State, an arrest warrant was issued but it could only be enforced in Massachusetts’ neighboring states. Investigators also determined that Massachusetts authorities did not turn Tavares over to the state of Florida, where he had an outstanding warrant. They also failed to let Washington authorities know that Tavares had moved there.

The wrongful death lawyer for the Mauck family filed this lawsuit in Washington because of statute of limitation restrictions. The family filed a tort claim in Massachusetts last year seeking $16 million to $20 million.

Family of slain Washington state newlyweds suing Mass. officials, Telegram.com, November 16, 2010
Family of slain Graham couple seeks $20M over killer’s early prison release, The Seattle Times, November 11, 2010
Massachusetts to be Sued for Wrongful Death of Couple Murdered by Convicted Killer Tavares, Boston Injury Lawyer Blog, March 9, 2010

Related Web Resources:
Massachusetts Department of Correction

Massachusetts Commonwealth Fusion Center

Worcester County District Attorney’s Office