Horvath sentenced to 3 years in prison in shooting death of brother

Brian Horvath, 46, was sentenced to up to three years in prison on Monday, in the 2024 shooting death of his brother, David Horvath Jr.

Horvath pleaded guilty to charges of negligent homicide and reckless conduct with a deadly weapon. Superior Court Justice Elizabeth Leonard sentenced Horvath to the New Hampshire State Prison for 1-3 years on the charge of negligent homicide.  

On the charge of reckless conduct with a deadly weapon, Leonard sentenced Horvath to 3-6 years in state prison, suspended for six years. He’s ordered to participate meaningfully in and complete any counseling, treatment and educational programs as directed.

The court imposed no fines or fees. His release is anticipated within one year.

Horvath was represented by Mark Sisti and Amy Ashworth of Sisti Law Offices. On Thursday, Sisti said he thought prosecutors made a good decision in reducing the manslaughter charge to negligent homicide, because “that’s exactly what it was.”

Horvath feels sincerely bad over the killing of his brother, Sisti said.

Horvath was arrested following the Sept. 6, 2024, shooting death of his brother David, and was initially charged with reckless manslaughter — a special felony — and reckless conduct with a deadly weapon. 

In his narrative to support a judge issuing an arrest warrant, Gilford Police Cpl. Logan Tomasetti said he, Sgt. Douglas Wall and Officer Angelo Papadopoulos responded to the Horvaths' Timber Lane residence for reports of someone with a single gunshot wound to the chest. Tomasetti was the first to arrive, and went to the basement, where he found Brian and David Horvath Sr., who were giving first aid to David Jr., then 47. 

Two firearms were present at the scene: a Glock handgun and a smaller, blue Ruger EC9. Brian told officers a round from the Ruger was fired, striking David Jr. He told Tomasetti the shooting was accidental. Officers noted Brian showed signs of being drunk.

Brian said he and his brother were showing each other their handguns at the time his fired, striking David Jr. A short while later, a Gilford firefighter said David Jr. died. Officers took Brian to the Gilford Police Department, where he was interviewed by State Police detectives. 

In September, during a hearing in Laconia District Court, Circuit Court Judge Ryan Guptill ordered Brian Horvath be released on a promise to return to court, and be monitored by Belknap County pre-trial services. 

Guptill found probable cause for the charges at the September hearing, and elevated the case to Belknap Superior Court.

Horvath remained in custody, however, until a bail hearing on Oct. 25, because pre-trial services staff did not accept him into the program. On Oct. 8 — three weeks after Guptill ordered Horvath's conditional release — Sisti and Ashworth wrote to the court, noting Horvath remained in custody, and asked for an amended bail order. 

Leonard amended the language of the previous order from “defendant shall not be released unless he is accepted for supervision by Pre-Trial Services” to "shall be supervised by Pre-Trial Services.”

Horvath was indicted by a Grand Jury in Superior Court on Nov. 15, 2024.

In September 2025, about one year after David Jr.'s death, Sisti and Ashworth reached a plea agreement with Belknap County prosecutors. Horvath had initially entered a plea of not guilty, and appeared to be headed to trial — jury selection was scheduled to begin in November. 

Ashworth filed a notice of Horvath's intent to enter a guilty plea to negligent homicide — a felony — and reckless conduct, dated Sep. 12, following a settlement conference the same day. The indictment was amended and signed by Belknap County Attorney Keith Cormier, and Ashworth, on Nov. 30.