Brian Horvath taking plea deal in 2024 shooting death of his brother

Brian Horvath, accused of fatally shooting his brother in their parents’ home last year, intends to plead guilty to negligent homicide as part of a plea agreement, according to records filed in Belknap County Superior Court. 

Horvath, now 46, was indicted on Nov. 15, 2024, and charged with reckless manslaughter and reckless conduct with a deadly weapon, after allegedly killing his brother David J. Horvath on Sept. 6, 2024. According to his indictments, Brian Horvath caused David’s death when he drunkenly pointed a loaded Ruger EC9 handgun and shot it, striking his brother in the chest. 

Brian Horvath will enter his plea at a yet-to-be-scheduled sentencing hearing. 

"It has been reached," attorney Mark Sisti, who is defending Brian Horvath, said Wednesday afternoon regarding an agreement between Horvath and the state about his charges.

"All parties are in agreement on what the charges and the sentence should be."

After a probable cause hearing in September 2024 in Laconia District Court, Brian Horvath’s case was elevated to Superior Court. He was ordered to be released on his own promise to return to court on Oct. 28, 2024, and ordered not to leave New Hampshire; not to possess a firearm, ammunition or other weapons; to refrain from use of alcohol or drugs; and to submit to pre-trial monitoring.

In July, the court granted his request to remove the requirement that he be monitored electronically. Noting he’d had no issues complying with the conditions of release set by the court, his request states the ankle monitor caused “safety and overall effectiveness challenges while at work.” Brian Horvath is employed as a boat detailer for Diamond Shine, and problems include tripping hazards and difficulty climbing ladders and working with certain tools, according to a supervisor at the company.

On Friday, Brian Horvath submitted notice of his intention to plead guilty to the charges of negligent homicide and reckless conduct under a fully-negotiated plea agreement. He’s represented by attorneys Sisti and Amy Ashworth of Sisti Law Offices, who requested the court reschedule a hearing for mid-to-late November.

Brian Horvath initially entered a not guilty plea and was scheduled to go to trial late this year, with jury selection to begin in November.

According to an affidavit for the warrant for Brian Horvath’s arrest, Gilford Police Cpl. Logan Tomasetti said he responded to the Horvaths' Timber Lane home after police received a report of someone with a single gunshot wound to the chest on Sept. 6, 2024.

Tomasetti, Sgt. Douglas Wall and Officer Angelo Papadopoulos arrived at the residence and Tomasetti, entering first, went into the basement of the home and made contact with Brian Horvath and his father David R. Horvath, 73, both of whom were rendering aid to David J. Horvath, then 47. 

The younger David Horvath did not appear to be breathing and was bleeding from the chest. Tomasetti observed a black Glock handgun on the ground and pointed at his head. David R. Horvath asked Brian Horvath "which one shot him?", to which Brian Horvath apparently replied that it was "the stupid little one" in reference to a smaller, blue handgun found near a couch. Tomasetti observed that Brian Horvath’s speech was slurred and his eyes were bloodshot and glossy.

Brian Horvath told the officer the shooting was accidental, that the handgun went off while he and his brother were showing each other their weapons. He agreed to go to the police station to speak with detectives, and Tomasetti observed him stumbling while walking to a patrol vehicle and again while walking into the station.

Members of the New Hampshire State Police Major Crime Unit and Troop E responded to assist with the investigation. At about 1:30 a.m. on Sept. 7, detectives interviewed David R. Horvath, who said he heard one gunshot in the downstairs area of the home around 10 p.m. on Sept. 6. He went downstairs and found the deceased slumped over in a chair, moved him onto the floor and rendered aid, while another individual called 911. 

Detectives interviewed Brian Horvath, who initially said he was using the bathroom when he heard the gunshot ring out, entering the room at the same time as his father. They later learned Brian Horvath gave a different story to other officers. He then admitted he wasn’t in the bathroom when the gun fired, but actually shot his brother by accident.