State will prosecute Belmont domestic assault case, investigating elder abuse

CONCORD — A Tilton resident accused in the brutal assault of two elderly victims on Cotton Hill Road in Belmont in October is being prosecuted by the state Department of Justice, a spokesperson confirmed Wednesday morning. 

Nathaniel Kay, 41, of Tilton, faces 10 charges, including assault and domestic violence, kidnapping and criminal restraint, according to court documents. His case was elevated to Belknap County Superior Court on Oct. 22, following an appearance in Laconia District Court.

Kay was ordered held at Belknap County Jail pending trial. Circuit Court Judge David J. Burns found probable cause that Kay's release would be a danger to himself or to the public. 

Though the state DOJ frequently prosecutes murder cases, they also pursue other cases, including those which involve alleged elder abuse. 

“The New Hampshire Department of Justice prosecutes a wide range of criminal offenses,” Senior Assistant Attorney General Bryan J. Townsend II wrote Wednesday. “Within the Department, the Elder Abuse and Financial Exploitation Unit is responsible for handling cases involving the abuse, neglect, and financial exploitation of adults who are 60 years of age or older. Because the referenced case involves allegations concerning the abuse of elderly adults, the Unit has jurisdiction to prosecute it.”

Attorney Eliana Forciniti of Concord firm Cleveland Waters and Bass, who is appointed to defend Kay, was not immediately available for comment on Wednesday. 

In an affidavit sworn by Belmont Police Chief Stephen Akerstrom, Akerstrom said police had evidence Kay committed kidnapping, assault and felony restraint at the house in Belmont, Oct. 14-15. 

The affidavit describes an hours-long assault and, according to the criminal complaints later filed by Belmont Police Prosecutor Derek Gray, Kay committed the crime of second-degree assault when he struck an elderly female victim on the head, causing bleeding to the brain. An elderly male victim also suffered an apparent broken rib and nose. 

Both victims, at various times, had their hands and feet bound by Kay, as they were subjected to beatings and one to strangulation, according to criminal complaints. 

Firefighters were dispatched to the residence just before 5:30 p.m. on Oct. 15, after receiving reports of a fall. One of the victims made the call, telling dispatchers two people had fallen down the stairs. The caller wasn’t sure if the other victim was breathing or conscious. Firefighters arrived at the residence 12 minutes later, and requested police come to the property. 

Akerstrom and Cpl. Patrick Riley arrived, and met an ambulance located at the intersection of Cotton Hill and Province roads, and learned Kay had allegedly assaulted the victims multiple times over a 12-hour period, the last attack occurring just hours before the call to emergency services. 

Kay allegedly punched and kicked the victims, bound them, and dragged them into a garage, where the beatings continued, a victim told police. The victims were then dragged back to the house and beaten, according to a statement to police.

One of the victims apparently convinced Kay to allow them to call 911 over concerns about the other victim’s condition. The victim was told they could make the call, but to tell officers the injuries were caused by a fall. 

Officers met Kay outside of the house, and spoke to him before taking him into custody.