Sheriff in holding pattern as he seeks a way forward

BOSCAWEN — Merrimack County Sheriff Scott Hilliard, dealing with a conviction on a charge of aggravated driving while intoxicated and a call to resign by Gov. Chris Sununu, said he is in a “holding pattern” while he considers whether to appeal the case.

Hilliard said in a telephone interview last week that he was consulting with his attorney to make a decision on whether to appeal.

“Meanwhile, I’m at work and will continue to be at work as much as I can.”

Having lost his driver's license for 18 months — which can be reduced to 12 months if he completes impaired driver counseling — Hilliard is relying on his son to get to work from his Northfield home, and on other personnel if his job requires him to travel. The bulk of his work is administrative, however, and Hilliard intends to fill out his term, which expires at the end of the year.

“I have not made a decision on running again,” Hilliard said. “Right now, I’m focusing on the appeals process and continuing diligently in my assignment.”

He said that, in addition to police administration, a big part of his job includes budget preparation.

Asked whether the criminal conviction is hampering his ability to do his job, Hilliard said he has received positive comments from people and sees completing the job as an obligation.

“I can’t go into a public building without people saying ‘I’m sorry you’re in this situation, but we support you,’” he said. “It’s those people I’m serving.”

Responding to another question, whether he is taking advantage of his position to avoid the consequences of his actions, Hilliard said, “I don’t think I’m taking advantage of everybody. I’ve been encouraged by many of them to continue to see this thing through.”

As for the governor’s call for his resignation, Hilliard said, “I don’t know that the governor’s remarks are in order. Everybody’s entitled to their opinion, and he’s the governor, but I work for the people of Merrimack County. I was at work the following Monday after Aug. 9 [the date of his arrest in Tilton].”

To appeal or not to appeal

Hilliard said weighing an appeal is complicated, and going forward with one could take some time.

Judge James Leary granted a 30-day stay of Hilliard’s five-day period of incarceration to allow him time to decide whether to file an appeal.

“Like any other citizen, I’m entitled to the same constitutional rights,” Hilliard said. Noting that Leary had ruled his arrest by Tilton Police to be unlawful, he said, “My position is the same the state took when they appealed [Leary's] decision to exclude evidence: to seek a review of the existing opinion, or get another.

“I would encourage everyone else in law enforcement, or the average citizen, to exercise their constitutional rights as well.”

Hilliard again apologized for his lack of judgment in driving with such a high blood-alcohol level. “I think no matter who we are or what our position — and I’m not the first public official to be guilty of this, and ask the people’s forgiveness — I’m a human being and I made a mistake.”

He said that, with his nearly 40 years in law enforcement, he has “many attributes” he can still contribute. “I enjoy [the work] and I’ve helped a lot of people over the years. I made a mistake and I’m paying for it.”

Making it better

“Out of something not so good, I can try to make it better,” Hilliard said, noting that he has been called upon to speak to first responders facing similar alcohol-related problems.

“I just received another call today from someone who would like me to talk to other individuals who are talking to first responders in similar situations,” he said.

Hilliard is participating in a weekly counseling program that deals with the stresses of life and career. “I’ve been successful up to this point, and if I can help somebody else, that’s what the man upstairs wants me to do,” he said. “But you have to deal with yourself before you can deal with others.”

Hilliard said dealing with addiction and mental health issues is more complicated for those in positions of authority because they do not have the support systems that others do.

“Not everyone wants to open up their soul like Scott Hilliard,” he said. “I have run into many of my peers who applaud me for being up front with a problem that many are dealing with.”

There are groups at the state level, such as the Governor’s Commission on Alcohol and Drug Abuse Prevention, that schedule panels aimed at addressing some of the problems. Hilliard has participated on a panel about heroin addiction, which took place in conjunction with New Hampshire Public Radio.

Hilliard noted that help also is available locally through Lakes Region General Hospital and other community groups.

There are peer-to-peer teams in many police departments and through the New Hampshire State Police, where officers are trained to help their fellow officers in such situations.

So far, the Merrimack County Commissioners have taken a hands-off position, issuing a statement that maintains they have no say on whether Hilliard can remain in office. They said his future as sheriff is up to him and Merrimack County voters.