State reaches $10 million settlement with YDC victim – pending approval from NH Legislature

CONCORD, NH   — The Attorney General’s Office has reached a $10 million settlement agreement with Michael Gilpatrick, the Nashua man who alleged he was gang-raped by Youth Development Center employees when he was 14-years-old in 1998.

The settlement, however, is contingent on approval by the Legislature.

“If the legislature does not approve the settlement, the deal is off and we go to trial on Aug. 4,” said Defense Attorney David A. Vincinanzo in a prepared statement.  “We have a very compelling case and a verdict in the high 8 figures is probable.”

Gilpatrick’s civil lawsuit against the state was set for trial on March 3.  That was postponed, however, after the settlement agreement was reached. The agreement was signed March 5, 2025 and filed in Rockingham County Superior Court.  Under the agreement, the state admits no liability.

The $10 million is four times the maximum amount abuse victims can receive through the state’s settlement fund.  And it is $28 million less than a jury awarded last year to David Meehan, whose lawsuit was the first to go to trial.  The state disputed that $38 million jury award, arguing state law calls for a maximum payment of $475,000 per count.  The lower court agreed with the state and Meehan appealed.

“We are awaiting a briefing schedule, so it will be a while before arguments or a decision,”Vicinanzo said,

Gilpatrick, now 41, was 14 when a judge ordered him detained at YDC.  He alleges he was sexually and physically abused by 10 employees at the Manchester juvenile detention facility.  Four of them were criminally charged.

They are:

• Bradley Asbury, 70, of Dunbarton, the house leader at the time, who was convicted of being an accomplice to rape for holding down Gilpatrick on a stairwell.  He was sentenced to 20 to 40 years in prison.
• James Woodlock, 60, of Manchester, who also allegedly held him down.
• Jeffrey Buskey, 55, of Dorchester, Mass., accused of raping him.
• Stephen Murphy, 58, of Danvers, Mass., who also allegedly raped him.  His trial ended in a mistrial.  The state is to retry him next January.

Asbury was the supervisor of East Cottage where Gilpatrick lived, and Stephen Murphy, a youth counselor

Gilpatrick testified against both Asbury and Murphy.  He also testified at the civil trial brought by David Meehan.

He was the second person to go public with allegations of abuse by YDC staffers.

Manchester Ink Link reached out to the state for comment about the proposed settlement but the attorney general’s office declined comment.

“As this is still pending litigation until the settlement is approved by the Legislature we would not comment,”  said Michael Garrity, spokesman for the Department of Justice’

Vicinanzo said in New Hampshire jurors “really dislike child sexual abuse, and even more so when the State does allows it to kids in its custody.   So, if the case had not settled, a verdict could easily have been in the range of a $40+ million verdict, which with interest would have been about $50+ million, as we saw in the similar case of David Meehan last year ($38M on its face, but $47M and rising with interest), now on appeal.”

He said the state came in with a realistic offer before trial.

“Mr. Gilpatrick assessed his rehabilitation and family needs and agreed to resolve it for a flat $10 million, lump sum with no interest,”Vicinanzo said.

“A very important factor that convinced him to waive trial and settle for a fraction of the case’s value was the sincere apology for the abuse conveyed by the associate attorney general. That simple act of human decency moved Mr. Gilpatrick to tears, saved the State millions, and perhaps tens of millions, of dollars, by putting him in mind of settlement instead of more fighting.  He wanted the State to show some accountability for its horrendous conduct and empathy for his suffering,” the attorney said.

If they ultimately go to trial, Vicinanzo said, “We have a very compelling case and a verdict in the high 8 figures is probable.”

Manchester Ink Link as a practice does not identify victims of sexual abuse but because Gilpatrick went public with his allegations, Ink Link is identifying him.