Wolfeboro selectboard member may face charges over reservoir visit

WOLFEBORO — Wolfeboro Selectman John Thurston arrived at the town’s police station on Wednesday afternoon after being told he could face a criminal trespass charges stemming from a visit he made to the Upper Beech Pond reservoir, the town’s primary drinking water source.

According to Thurston, the police may be charging him for entering the reservoir property. The reason he was there? To investigate the level of water. What he found were turtles that had been caught in beaver traps.

At the July 1 selectmen’s meeting, Thurston gave a presentation about his June 9 visit to the reservoir to investigate its condition. During the visit, Thurston said he found three turtles in what he believed were beaver traps — two dead from gunshot wounds and one still alive but caught in a trap.

On July 13, Wolfeboro Department of Public Works Director Steve Randall released a statement saying that after reviewing the situation, the town found no violations of laws with the beaver traps.

Thurston said he went to the reservoir to inspect its capacity and containment measures after Randall reported to selectmen that the water level was 13 inches below full capacity. Thurston said he was particularly interested in the reservoir’s condition because of the current water restrictions for Wolfeboro residents.

“The community deserves to be told the truth about the containment of the water reservoir,” Thurston said. Thurston said the conditions he observed suggested the reservoir’s containment measures would be inadequate if it reached full capacity.

He also noted that the town has recently trapped beavers to reduce the risk of Giardia contaminating the drinking water supply. Giardia is a microscopic parasite that causes a type of diarrhea.

But during his July 1 presentation, Thurston said the reservoir’s water treatment process eliminates the risk of Giardia. He also said turtles help keep the reservoir clean by scavenging dead fish and decaying organic matter and aquatic vegetation. 

According to Thurston, he first learned of the potential charge during a July 8 phone call with Wolfeboro Police Detective Joe Shanks about an unrelated matter.

Thurston said Shanks asked him to come to the police station, but Thurston asked whether they could discuss the matter by phone instead. Shanks then asked Thurston several questions about his visit to the reservoir. Thurston said he answered two questions before telling Shanks he would not answer any more without an attorney.

At 7:27 a.m. Wednesday, Thurston said he received another call from Shanks requesting that he come to the police department to be personally served with a summons because the town wanted to charge him with criminal trespass.

According to Thurston, Shanks said that if he did not pick up the summons in person, a warrant could be issued for his arrest and he could be detained during a traffic stop.

Thurston said he suggested that Shanks come to the selectmen’s meeting scheduled for that evening, but Shanks replied that he did not want to make a spectacle of the situation.

Thurston arrived at the police station shortly before 2 p.m. Wednesday, where a small crowd of Wolfeboro residents had gathered, some carrying signs in his support. Several residents expressed disappointment with how the town handled the matter.

“He’s just doing his job,” local businessman Paul Zimmerman said.

Wolfeboro resident Hannah Seibel, who said she is seeking accountability for the animal trapping, also attended.

Seibel said she submitted a right-to-know request under RSA 91-A on July 7 seeking information about the trapping. Under New Hampshire law, public bodies have five business days to respond by providing the requested records, explaining the denial or providing a timeframe for fulfilling the request. Seibel said she has not received a response.

Police Chief Christopher Warn came outside to speak with Thurston privately. Warn told Thurston that after reviewing Shanks’ summons, he believed it was incomplete.

As a result, Thurston was not formally charged Wednesday and was not given a court date.

Instead, the case will be reviewed by a judge, who will determine whether probable cause exists to move forward with the charge.