Barnstead man faces third DWI charge

LACONIA — Barnstead Police charged a Chichester man with his third charge of driving while intoxicated after the driver crossed the yellow line after a rapid deceleration on Suncook Valley Road Sunday night.

Paperwork obtained from the 4th Circuit Court, Laconia Division said that Kyle Drouin, 28, was convicted of DWI in 2007 and in 2015.

Police said that when they approached Drouin, the pupils of his eyes were the size of pinpoints, he slurred his speech and his eyes were glassy and bloodshot.

The officer asked Drouin to blow into his interlock device and his blood alcohol level registered as zero.

When asked why his eyes appeared the way they did, Drouin told them he had taken some medication and handed them two empty medication bottles.

Drouin consented to a field sobriety test but had a difficult time maintaining his balance once out of the car. He told the police he didn't wear glasses, that he had major knee surgery and a brain injury that affects his balance.

The police performed a "horizontal gaze nystagmus" test on Drouin and he allegedly showed six clues of intoxication. They also said he couldn't perform the walk-and-turn test, the one-leg stand test, and was unable to touch his nose with his finger.

Drouin refused to take a blood test, which is his right, and was placed under arrest. He didn't have a passenger and said he had nobody to pick up his car so police had it towed by a local contractor. The inventory search revealed a plastic bag filled with a green leafy vegetative matter and a burnt pipe that smelled like marijuana. The search stopped and the car was towed to Tilton so Barnstead Police could apply for a search warrant.

Drouin is also charged with possession less than one ounce of marijuana and transporting less than an ounce of marijuana in a vehicle, both of which are misdemeanors.

He was held overnight in the Belknap County House of Corrections and has since posted bail.

– Gail Ober

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‘Reckless,’ no charges

County Attorney says Belmont officer who fired gun at fleeing car will not face court

By GAIL OBER, LACONIA DAILY SUN

LACONIA — An officer who fired five shots at a fleeing car on Oct. 28 will not face criminal charges, said Belknap County Attorney Melissa Guldbrandsen. Nevertheless, Guldbrandsen did say the force used by Belmont Police Officer Patrick Riley was not in proportion to the possible threat future harm posed by the driver, Hayden Moon.

Guldbrandsen said filing a criminal charge against Riley for reckless conduct with a deadly weapon would be difficult, if not impossible, to prove in court.

Guldbrandsen said that to bring criminal charges against Riley for reckless conduct with a deadly weapon would mean that the state would have to prove beyond a reasonable doubt all of the elements of the crime and that the defense would undoubtedly and realistically argue that a portion of state law that says "whenever a law enforcement officer reasonably believes (an) arrest is lawful and there is no other means of effecting the arrest," deadly force can be justified.

Riley was on routine patrol in the early morning hours of Oct. 28 when he came upon Moon, who was parked on South Road with his engine running and his headlights on. Riley approached the car and asked the driver for some identification and Moon allegedly responded that he was waiting for his friend, "Hayden." Shortly thereafter, he admitted to his true identity.

Riley returned to his cruiser and verified that Moon was wanted on an outstanding warrant with a condition of $1,000 cash bail. Riley returned to the car and told Moon he was going to arrest him.

Riley also noticed a small canister between Moon's legs that, in his experience, could be used for smoking methamphetamine. Riley, who cooperated with the Major Crimes Division of the New Hampshire State Police during the investigation, said that Moon begged him not to arrest him.

Instead of complying with the arrest, Moon allegedly accelerated at a rapid speed and Riley was caught between the open car door and the moving car. He told investigators that he was dragged about 100 feet, by his own estimate, and suffered a minor leg injury.

After he freed himself, Riley took out his Glock 19 9mm gun and fired five times at the fleeing car, but missed. Moon allegedly abandoned the car and it was found later in Loudon. Moon was arrested on Nov. 14 by Tilton Police conducting a routine traffic stop.

As it applies to Riley, Moon is charged with one count of felony reckless conduct with a deadly weapon, one count of resisting arrest and one count of simple assault.

As of Dec. 16, Riley was still on the payroll of the town of Belmont. He has been on a paid administrative leave since the incident. According to Town Administrator Jeanne Beaudin, Riley is employed by the Belmont Police Department and has been paid $817.60 weekly through Dec. 10, but is no longer on paid administrative duty. She declined to provide any further information regarding Riley's work status, claiming "personnel issues."

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State joins Gilford investigation into severe beating of man

By GAIL OBER, LACONIA DAILY SUN

GILFORD — The New State Police Major Crimes Division is now assisting Gilford Police detectives in the investigation into the circumstances surrounding the severe injuries suffered by a 66-year-old man Sunday evening.

Gilford Police Lt. Kris Kelley said Tuesday that the man remains in critical condition after allegedly suffering punches to his face and neck by Danny Osbon, 30, of 9 Sargent Place.

The victim was found lying outside of a friend's home, also of Sargent Place, with significant injuries and going in and out of consciousness. Kelley said Osbon was located at home and police noticed he had blood on his clothes and injuries to his hand that are consistent with punching someone.

Kelley also said Osbon is a fugitive from justice from Missouri, and Missouri authorities are willing to come from the Midwest to retrieve him. Kelley was unsure of the charges Osbon faces in Missouri. He is being held on an additional $10,000 cash bail for the Missouri warrant.

He said police also found some marijuana in Osbon's possession for which he is being held on $500 cash.

Osbon is being held in the Belknap County House of Correction on $150,000 cash only bail for the second-assault charge.

The victim remains in Dartmouth Hitchcock Medical Center and Kelley said it would be at least two days until he gets an update on his condition.

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