Published DateFRANLKIN – On the day he was scheduled to stand trial for operating a motor vehicle after suspension, state police filed a drug charge yesterday morning against the Belmont man whose mother and brother were found chopped to death on May 24 in the Sunset Drive home the three shared.
To date, no one has been charged in connection with the killings.
Shawn Carter, 31, of 20 Sunset Drive is charged with one count of sales of a narcotic drug from an offense he allegedly committed in March of 2012. Bail on the new charge is $10,000 personal recognizance.
Judge Edward "Ned" Gordon of the 6th Circuit Court, Franklin Division ordered the current $200 cash-only bail order on the traffic charge be continued until July 14. He continued the bail order after N.H. State Police Prosecutor Ryan MacFarland argued he hadn't had time to gather the appropriate affidavits from police for the be-on-the-lookout alert that was used to justify the traffic stop in which he was detained hours after the grisly murder scene was discovered. Gordon also ordered $10,000 personal recognizance bail on the new drug charge.
Affidavits in the drug charge filed yesterday allege Carter sold 2.7 grams of cocaine to an undercover state trooper in Tilton on March 14, 2012. Results from the state lab came back positive on March 19, 2012 and the officer said he was able to identify Carter from an older booking photo.
The affidavit supporting the arrest warrant was signed on May 31 by Judge Jim Carroll after a telephone conversation between a N.H. State Trooper. The newest charge complaint was dated June 11, 2013.
Public Defenders Jesse Friedman and John Bresaw said they hadn't seen the new affidavit until they arrived in court yesterday afternoon and had not had a chance to talk to Carter. After a two hour recess, Carter returned to court.
Friedman and Bresaw entered no plea to the drug charge objecting to the timeliness of the charge, Gordon said he would not impose additional cash bail because the state waited 15 months to bring forward the drug charge and if Carter was so dangerous as to impose cash bail, then he should have been arrested after the crime.
MacFarland said drug cases take time and often involve multiple sales, however he didn't say that was the situation Carter's drug charge.
Friedman and Carter also argued yesterday the operating after suspension charge should be dropped because the state had yet to provide them with the affidavit supporting the probable cause, or legal reason, for the BOLO, despite the trial date of yesterday issued by Judge Jim Carroll of the 4th Circuit Court, Laconia Division on May 28 – the day Carter first appeared in court.
Although Carter's traffic stop occurred in Tilton, his initial court appearance was in Laconia because there was no district court judge sitting in Franklin on May 28. The traffic case returned to its proper Franklin jurisdiction yesterday.
Friedman made verbal motions to suppress the evidence and dismiss the traffic violation, which if granted would likely result in the case being dismissed. He argued that two weeks after police stopped Carter on Route 3 there is still no reason proffered by the state that would justify the BOLO, the reason police stopped Carter.
He said his client was indigent and disabled and being held on cash bail for a traffic violation. Friedman said MacFarland submitted 31 pages of material supporting the traffic charge but nothing that warrants the traffic stop.
"(Why can't you) get an affidavit explaining a BOLO?" Gordon asked MacFarland.
He said the traffic violation was only 14 days old and since there are multiple police agencies involved – he cited Tilton and Belmont – there are multiple reports he had to gather and he hasn't had the time. "Given more time I could," MacFarland said.
"This is no surprise," said Friedman. "I raised this issue at the arraignment. They picked their poison. They chose to arrest him."
"Clearly their intent is not to disseminate information," Friedman continued, adding he just got the discovery 25 minutes before the trial.
Gordon denied Friedman's motion to dismiss giving MacFarland and the state until July 14 to prepare for the operating after suspension trial.
July 14 is also the date for the probable cause hearing for the drug charge.
Carter stood silently during the entire proceedings, which lasted most of the afternoon in between other non-related court matters.
It has been two weeks and five days since his mother Priscilla Carter and his brother Timothy Carter were found "chopped," as described by the N.H. State Medical Examiner, to death in their Belmont home.
Belmont Police had responded to a well-being check just after 11 a.m. and made the gruesome discovery. At 2 p.m. Carter was stopped by Tilton and Belmont Police and taken into custody without incident.
Although officials from the N.H. State Police, Division of Major Crimes remained on the secured scene for five days, no further information has been released regarding the double homicide.
No one has been charged with any crime in connection to the killings, nor have police identified "persons of interest."
Within a week of discovering the murders, Belmont Police said on a Twitter feed that there is no cause for alarm for the general public.