Released by: John M. Formella, Attorney General
Subject: Brian Rutherford Sentenced to 15 ½ Years in State Prison on Drug, Firearms, and Witness Tampering Charges
Date: March 3, 2023
Contact: Michael S. Garrity, Director of Communications
Danielle H. Sakowski, Senior Assistant Attorney General
Chief, Drug Prosecution Unit
(603) 271-3671/ email@example.com
Attorney General John M. Formella, United States Drug Enforcement Administration Special Agent-in-Charge Brian D. Boyle, State Police Colonel Nathan Noyes, and Bedford Police Chief John J. Bryfonski, announce that on March 3, 2023, Brian Rutherford, age 25, of Bedford, New Hampshire, pleaded guilty to one special felony count of conspiracy to sell fentanyl (subsequent offense), five counts of felon in possession of a firearm, and six counts of witness tampering and was sentenced by the Hillsborough County Superior Court (Northern District) to a total of 15 ½ to 31 years stand committed in the New Hampshire State Prison. On the conspiracy charge, the defendant received a stand committed sentence of 14-28 years. On the firearms charges, the defendant received sentences of 3 ½-7 years, to run concurrent to each other and the conspiracy charge. On the witness tampering charges, the defendant received sentences of 1 ½-3 years, to run concurrent to each other but consecutive to the conspiracy and firearms charges.
The evidence in this case established that between January of 2018 and June 27, 2019, the defendant conspired to traffick in kilogram-level quantities of fentanyl, which he sourced from Massachusetts and distributed in the Manchester and Bedford areas. Over the course of the investigation, investigators seized 952 grams of fentanyl that was in transit to Mr. Rutherford. On June 27, 2019, a search warrant executed at Mr. Rutherford’s Bedford residence resulted in the seizure of 447 grams of fentanyl, five firearms, and other instrumentalities of drug distribution. Following his indictment on these charges, Mr. Rutherford, through mail and a phone call, endeavored to have a friend and family members testify falsely at his trial on the drugs and firearms charges and/or to recant prior statements made to investigators.
The investigation and resolution of this case was the result of the collaborative efforts of the New Hampshire Attorney General’s Office, the United States Drug Enforcement Administration, the New Hampshire State Police, and the Bedford Police Department.