Two men charged with weekend Emerald St. burglary appear in court

LACONIA – Two men were in court yesterday to face charges that they allegedly entered a woman's home at 1:10 a.m. on Sunday. The pair are being held on $3,000 cash-only bail despite an argument by a public defender to dismiss the case.

Public Defender John Bresaw argued yesterday in the 4th Circuit Court, Laconia Division that the affidavit submitted to the court to support cash bail for Kevin L. Gobeil, 20, of Plymouth contained no information that he was one of two men the homeowner woke and saw in her house.

The victim, a resident of Emerald Street, called 911 and told the dispatcher that the two fled when they realized she was awake. She told police one man was white and the other was "darker skinned."

Gobeil, 20, of Plymouth and Michael P. Regan, 31, of 6 Arch Street Apt. 1 in Laconia are both charged with burglary.

Complaints against both men charge them with burglary with the intent to commit theft. By definition, in New Hampshire burglary is a Class A felony if it is committed at night and if someone enters an occupied structure without invite with the intent to commit a crime - such as theft.

Bresaw argued that "white and male" was not sufficient information to arrest Gobiel without a warrant. According to police affidavits, the first responding officer said he heard sounds coming from a heavily wooded area about 300 feet from the victim's residence. He said he got out of his cruiser and announced, "Laconia Police with a K-9, come out with your hands up or I will send in the dog."

The officer said Gobiel came from the tree line with his hands up. When asked, affidavits said Gobiel told the officer that he saw the cruiser and jumped into the woods because he had drugs on him. When questioned about the drugs, the officer wrote in his affidavit that Gobiel seemed confused by the question.

Affidavits said the officer found a backpack and one black and white shoe near the wood line but Gobiel said they were not his. He also told them he was alone.

After a N.H. State Police dog and handler arrived, multiple officers went into the woods and found Regan lying in the mud. He was wearing one black and white shoe and affidavits said he told police the backpack was his. He allegedly said he fell in the mud and hit his head on a rock. He refused medical treatment. Affidavits said he was wearing dark shorts and a dark T-shirt that matched the description given by the woman of the second male.

Bresaw argued Gobiel's arrest failed to meet the standard of "probable cause" for an arrest because there was no identification of his client by the victim and no facts to support the burglary charge.

"At best, we have criminal trespass," Bresaw said.

Laconia Prosecutor Jim Sawyer argued the charges satisfied the probable cause standard for arrest because the victim said she saw two people and two people were found in the immediate area, that he lied to police about being alone and that the shoe and the backpack were directly in the tree line from the house.

Judge Edward "Ned" Gordon ruled that there was probable cause for the arrest without a warrant noting that police are not determining guilt. He said there was sufficient basis for them to reasonably believe that he was committing the offense of burglary and there was "no doubt" that he was in the home because of where and what time he was found.

"In this case it appears the two were in the house at 1 a.m. and were not invited guests," Gordon said, denying Bresaw's motion to dismiss the charges.

Regan initially appeared without an attorney. A bail hearing for him will be held at 10 a.m. this morning.

Gobiel also faces one misdemeanor charge of breach of bail and Regan also faces a second charge of breach of bail.

Man struck by boat while swimming suffered non life-threatening injuries

MOULTONBOROUGH — The 67-year-old man who was stuck by a fishing boat Sunday morning while swimming in Lake Winnipesaukee near Long and Dow Islands did not suffer any life-threatening injuries, an officer with the N.H. Marine Patrol has reported.

Sgt. Crystal McLain said yesterday that Edward Owens, 67, of Framingham, Mass., was stuck by a 18-foot fishing boat operated by Richard Dewling, 48, of Acton, Maine.

Owens was accompanied by a kayaker and Dewling told investigating Marine Patrol officers that he saw the kayaker but didn't see Owens.

Owens was taken to shore by Dewling and his passenger and police and the Moultonborough Fire Department were called. Owens was transported by Stewarts Ambulance to Lakes Region General Hospital in Laconia for treatment.

McLain said the incident is still being investigating and police are asking that if anyone saw it or has any information about it, they should call 293-2037.

$506K surplus for Shaker schools

BELMONT – The head of the Shaker Regional School Board said yesterday that $506,747 of surplus from school year 2014-2015 will be applied to the 2015-2016 school budget.

Chair Sean Embree said the money comes from a $169,372 savings in special education, $148,388 savings in salary and benefits, $97,089 savings in purchased services and $91,897 in excess revenues.

Of the $21 million annual budget, approximately $11 million is raised through local taxes. Belmont raises about 75 percent while the balance of 25 percent is raised in Canterbury.

Business Administrator Debbie Thompson said yesterday that 2 ½ percent of the total surplus or $65,000 was added to the retained surplus fund. She said it now totals $353,028.

Thompson said the $506,000 will be reflected in the December tax bill which comes after the N.H. Department of Revenue sets the tax rates in October or November. She estimates that for each $100,000 of evaluation a Belmont taxpayer will realize $31. For each $100,000 in evaluation in Canterbury, each taxpayer will realize about $27.

In other Shaker Regional School news, Thompson said full-day kindergarten is ready to go for this morning's first day of school. She said that as of last Wednesday 95 students were registered for five classes in Belmont and 15 students were registered for one class in Canterbury.

Over the summer, said Thompson, the district rearranged the Title 1 section and computer lab sections of Belmont Elementary School and hired two teachers for the five classes.