Felony deepfake case against Gilford social media star going to trial

The novel case against a Gilford resident accused of creating a deepfake of a police officer is scheduled for trial next summer. 

Jaxen Cole, 21, will defend his case next year, with jury selection scheduled to begin on June 22.

Cole, known for his motorcycle stunts on social media, was indicted in Belknap Superior Court on Sept. 19. County prosecutors accuse him of two felony charges of deepfake fraud, a crime created by the Legislature, which took effect on Jan. 1.

In October, a spokesperson for the Administrative Office of the Courts confirmed this was the first case brought under the new legislation — RSA 638:26-a. 

According to his indictments, Cole is accused of creating, distributing and presenting an audio likeness of Laconia Police Officer John Skehan on Feb. 14, 2025, which constituted a deepfake. Cole pleaded not guilty to the charge, and Attorney Allison Ambrose of Wescott Law, who is defending him, said Wednesday they’re optimistic about their defense.  

“My client intends to prove his innocence at trial. We do not believe the New Hampshire Legislature intended the deepfake statute to apply to Mr. Cole's conduct, which in this case is clearly protected as satire or parody under the U.S. and New Hampshire Constitution,” Ambrose wrote. “For these reasons, we are optimistic about the defense.”

Ambrose declined to discuss whether Cole was offered a plea agreement by the county in the case.

“Because the case is pending, I cannot comment on whether any offers were made or the substance of discussions with the county attorney’s office,” Ambrose wrote.  

“We made Mr. Cole what we believe to be a reasonable offer given the nature of his conduct and he rejected it. It does not appear that this case will resolve via negotiation and will require trial. The state may request a criminal mediation prior to trial, but no decision has been made on that at this time,” said Alexander Smeaton, assistant county attorney, who is prosecuting the case.

Cole allegedly posted a video to his Instagram and Facebook accounts which contained video from Skehan’s body camera, in which the officer’s voice was digitally manipulated into saying different things than were recorded in the authentic video. 

He created the video with the purpose to embarrass, harass or cause damage to the reputation of Skehan, according to the indictment.

The Laconia Police Department declined to release the original body camera footage citing pending court proceedings. According to a criminal complaint authored by Patrol Officer Kirk Goodheart, the incident in question occurred at the Laconia Police Department at 10:46 a.m. on Feb. 14. The footage apparently came from when Cole was arrested for disobeying an officer.

Cole appeared in Laconia District Court on June 26, and was released on a promise to return, and ordered not to commit any crimes and to appear at all court proceedings.

According to the law, the term deepfake refers to video, audio or other media of a person in which their face, body or voice has been altered digitally so they appear to be someone else, say something they never said, or do something they didn’t do.

In New Hampshire, a person is guilty of the felony offense if they knowingly create, distribute or present any likeness in audio, video or any other media of an identifiable individual which constitutes a deepfake for the purpose of embarrassing, harassing, entrapping, defaming, extorting or otherwise causing any financial harm to the reputation of the person. 

Skehan, the officer named in the indictment as the alleged victim, was injured in August last year after Justin A. Spirko allegedly struck him with a vehicle intentionally in The Weirs. Spirko was subsequently charged with attempted capital murder.