LACONIA — A Barnstead man who was charged with repeatedly shooting at a moving motor vehicle in Alton two years ago, injuring the driver, has been sentenced to prison after pleading guilty to charges, as part of a plea agreement.
Marcos Pagan, 60, of Old Rochester Road, pleaded guilty to a charge of first-degree assault, and a charge of reckless conduct with a firearm.
He was sentenced to 10 to 20 years in prison on the first-degree assault charge. On the reckless conduct charge he was given a suspended 10- 20-year sentence, which was suspended for 15 years on the usual conditions of good behavior and having no contact with the victim.
Pagan had been facing a more serious charge of attempted murder, which Belknap County Attorney Andrew Livernois dropped as part of the negotiated plea. A charge of second-degree assault with a dangerous weapon was also dropped — or nol prossed.
“This is a very appropriate sentence given the seriousness of the charges in the case,” Livernois said Wednesday.
“It was a fair resolution,” Pagan’s attorney, Mark Sisti said, noting that the evidence that Pagan had fired several shots at a moving vehicle was “hard to explain away.” But given the circumstances in the case, Sisti said the prosecution’s decision to drop the attempted murder charge was “appropriate.”
Pagan was arrested on April 28, 2020, after he fired at least seven bullets at the victim’s vehicle, which resulted in the victim receiving “five separate bullet wounds in his body,” according to a pleading Livernois filed in connection with the case.
The confrontation between Pagan and the victim began as a domestic dispute between the victim and members of Pagan’s family that allegedly escalated into an argument outside the Pagan residence just prior to the shooting taking place, according to investigators. The victim drove away from Pagan’s premises. But a short time later Pagan got into his vehicle and soon afterward caught up with the victim’s vehicle as it was driving through Alton. The shooting occurred near the intersection of Hamwoods and Suncook Valley roads.
According to the terms of the sentence, Pagan will receive credit for the two years he has spent in jail since his arrest. In addition he could have 18 months taken off his minimum sentence if he successfully completes an anger program.
The sentence was imposed by Superior Court Judge Elizabeth Leonard during a plea and sentencing hearing on April 25 in Belknap Superior Court.
If Pagan satisfies all the requirements laid down in the sentence, he could be released from prison after six years, assuming his release would be approved by the Parole Board at that time, Livernois explained.
Livernois and Sisti both said that Pagan’s age, and lack of any criminal record were taken into account in reaching the plea agreement. But Livernois added that he had pressed for significant prison time.
“We wanted to make sure that he would be under serious supervision,” he said.
The case initially went to trial late last year. But a mistrial was declared before any testimony was heard because one of the prosecution witnesses became unavailable for several months because of a personal tragedy, Livernois said.