Medford Man Denied Parole For 1994 Brutal Murder Of His Teenage Girlfriend

NATICK - A 43-year-old former Medford man who has spent two decades in prison for the 1995 murder of his 17-year-old girlfriend was denied parole last month after the state Parole Board ruled Neil J. Niland still can't explain why he shot his girlfriend in the face as she slept feet from their baby daughter.

On May 31, 1995, a Middlesex jury found Niland, then 21, guilty of second-degree murder in the June 26, 1994 murder of his girlfriend, Melissa Herlihy, the mother of his baby. He was sentenced to life in prison with the possibility of parole.

The facts of the case during the early-morning hours of June 26, 1994, Niland intentionally shot Herlihy in the face, at close range with a rifle while she in lay in bed sleeping with the couple's infant daughter a few feet from the bed.

Prosecutors allege that the couple argued twice before the shooting and that Niland said he spend the day before drinking alcohol and using cocaine.

After receiving 911 calls from Niland and one of his sisters, Medford police and emergency personnel responded to the couple's apartment. The victim was taken to Massachusetts General Hospital where she died on June 29, 1994 without ever regaining consciousness. She died as a result of a gunshot wound to her head.

During his third parole hearing on Aug. 23, 2016, Niland expressed sorrow and accepted responsibility for the murder. He told the board that he is the product of alcoholic parents and the youngest of 12 years who received neither guidance nor support from his parents.

Niland explained that he began drinking and smoking marijuana at age 12, graduating to a cocaine habit by age 17 and dropping out of school in the 11th grade. He met Herlihy, then 15, at age 18 and she became pregnant a year later.

During their turbulent relationship, Niland told the board he cheated on Herlihy and stole money from one of two jobs to feed his cocaine habit. He was "terrified'' of becoming a father and didn't want the responsibility.

He told the board, "everything in my life at that time was focused on myself - I did not care about anything, I just wanted to have a good time.''

Board members noted that it took Niland years to come to terms with the evidence that showed shooting his girlfriend was not an accident. At his 2014 parole hearing, Niland finally acknowledged that Herlihy's death was not an "accidental shooting,'' but rather the result of him pointing a rifle at her head and pulling the trigger.

Niland admitted he was high on cocaine and alcohol after a night of binge drinking and drugging.

When a board member asked Niland a basic question: "Why did you shoot her?''

Niland responded that he wasn't planning to shoot or kill her. "I just shot it...I wasn't thinking when I pulled the trigger.''

Board members expressed their concern that Niland couldn't provide a direct answer to the question, adding it appeared he was trying to reconcile his admission to shooting Herlihy at close range "but without any intent to kill her.''

Members also noted they were concerned that Niland failed to adequately address the issue of domestic violence in his relationship with the victim and that during his first decade in prison he did not want to change or participate in any programs.

Niland told the board he expected to spent the remainder of his life in prison. His attitude changed when he began to participate in some programs that helped him see he could be rehabilitated. While acknowledging his participation in programs, the board noted he has had two recent disciplinary reports.

The Parole Board heard from multiple supports of Niland's at the hearing and considered testimony from the victim's sister and Prosecutor Adrienne Lynch, both opposing his release.

While the board denied Niland's parole, they allowed him to reapply in two year, rather than the normal five years, to see his progress in his programs.