By GAIL OBER, LACONIA DAILY SUN
LACONIA — Belknap County Assistant Attorney Carley Ahern said Thursday she would not be offering immunity to an as-yet unindicted co-conspirator in the state's case against Tyler Twombley, who is one of three men who allegedly entered a Harvard Street home on June 25, 2014 and injured one of three men who were in the home at the time.
A gun was fired by one of the three and one man was taken to the hospital with what police said at the time was a minor head wound. At the time, police said they only knew the victim had a head wound but didn't know if he had been shot or hit with something.
Following a hearing last week in Belknap County Superior Court regarding the possible testimony of Joshua Pike of 103 Blueberry Lane against Twombly in his upcoming trial, Ahern told the court in writing Pike was not on her witness list and would not be granted immunity.
It is not known if he will be called to the stand by Twombly's attorney, Mark Sisti.
Twombly, formerly of 281 State St. in Concord, was indicted in September of 2015 for robbery, conspiracy to commit robbery, and two counts of burglary.
The state alleges he was one of two men who entered the Harvard Street home with the intent of stealing drugs and/or money at 4:15 a.m. Awaiting trial, which is scheduled for opening arguments on April 11, he is being held in the Belknap County House of Corrections on a total of $100,000 cash-only bail.
As to Pike's alleged role as co-conspirator, he was charged earlier this month with one count of conspiracy to commit armed robbery, one count of conspiracy to commit burglary and one count of conspiracy to commit first-degree assault. Paperwork for the 4th Circuit Court, Laconia Division indicated the judge found probable cause behind the charges and Pike is being held on a total of $35,000 cash only bail, however some of that could be for a recent, but different, arrest.
According to police affidavits filed with the court to support Pike's arrest, the two uninjured witnesses who are the homeowner's son and a friend of his, said they were in the home when Pike came to the door and knocked. The homeowner's son said he let Pike in and told him to lock the door, which he did.
The homeowner's son told police that Pike had been to the home earlier that week and had noticed between $2,500 and $4,000 in cash that was on a desk. On the night in question, he told police that Pike informed them he had just been in a bar fight and someone was after him.
About three of four minutes after letting in Pike, there a second knock at the door. Affidavits filed with the court said Pike allegedly looked outside and let in two men who were wearing bandanas over their faces. One of the two had what was described to police as a small, revolver-type handgun that a witness said was initially pointed at Pike but was almost immediately pointed at the owner's son and the man who was injured. The owner's son said he ran upstairs and jumped out the window.
Two detectives interviewed the three men separately, including a hospital interviews with the one who was wounded, and police affidavits said all three gave similar accounts. The wounded man said the one with the gun ordered him to empty his pockets and then he heard a gunshot and felt a severe pain in the back of his head.
The third man said he was headed to the upstairs bathroom and heard the gun fire. He said he feared the bullet would go through the floor and he jumped out the window and saw two men running from the house.
This witness told police that he knew Pike was friends with someone whose name began with "T" and that he had seen Pike and Twombly together earlier that evening on Harvard Street.
Police affidavits said a third detective interviewed Pike who told him that when he opened the door he saw one of the men who was wearing all red with a red bandana over his face. He told the detectives that when the two entered, one was brandishing a gun and that he thought he heard the gun hammer being pulled back.
Affidavits said that Pike told the detective he was at the home to use drugs because he knew drugs would be there. He also admitted to being friends with Twombly. Police said that Pike admitted to the detective that "on a few occasions he has robbed drug dealers because he believes they are bad people."
As of Thursday, Pike had not been indicted.
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