Theft charges dropped but restitution could be $650k

OSSIPEE — Though police recovered $649,000 that allegedly belonged to a Bartlett woman, who said the Vietnamese man who lived in her house for several years took it, in a plea deal, Minh Phuc Tran, 29, didn’t have to admit that he stole it.

The North Conway resident pleaded guilty in Carroll County Superior Court on Thursday to felony criminal mischief and misdemeanor breach of bail after admitting he damaged the woman’s safe and later contacted her despite a no-contact order, according to court proceedings.

A judge is holding a restitution hearing to determine what he may owe. That hearing began on Friday and has not been concluded.

Tran entered the pleas Dec. 12 in Superior Court in Ossipee. Prosecutors said Tran purposely damaged a woman’s safe belonging causing more than $1,500 in losses, a felony. He also pleaded guilty to a misdemeanor violation of bail conditions in a separate case by sending the victim a Facebook message despite an order prohibiting contact.

Deputy County Attorney Kim Tessari told the court that the charges were reduced from a larger set of original allegations, including now dropped charges of theft, and that the negotiated plea to a felony criminal mischief charge and the misdemeanor level violation.

Under the agreement, Tran received a 12-month jail sentence on the misdemeanor, with 365 days credit for time already served. She said he intends to go back to Vietnam, and that’s why probation wasn’t added.

On the felony count, Judge Mark Attorri also sentenced Tran to three to six years in the New Hampshire State Prison but suspended the sentence for four years. Tran must remain on good behavior, have no contact with the victim and comply with any treatment required by corrections officials. He was given 68 days of pretrial confinement credit. Attorri warned Tran that violating the terms could trigger the suspended prison sentence.

The victim, who owns a local business, submitted a statement through attorney Robert Carey of Orr & Reno. In her statement she described emigrating from Vietnam, working for years to open her business, and saving cash tips and gifts for her family’s future. She said Tran had lived in her home for several years before allegedly stealing her safe, jewelry, passports and cash on Oct. 1, 2023, and leaving a note claiming he was fleeing to Vietnam. She also said Tran used her identity to obtain loans, damaging her credit.

Tran was arrested at Logan Airport before boarding an international flight.

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Theft charges dropped but restitution could be $650k

“I have worked very hard to make a good life for me and my children, to become a good U.S. citizen, and never had to deal with the police for any reason until this happened to me, and I am grateful for the support of the Bartlett Police Department,” said the statement.

“I think Minh should be punished for what he’s done and sent to jail, not back to Vietnam, where he would love to go, so he can live through life and not have to pay for what he’s done.”

Tessari said police had preferred a harsher penalty but the state balanced their position with the risks and complexities of a trial. Defense attorney Taylor Gailliot noted that Tran had no prior criminal record and had already spent more than a year in jail after his 2023 arrest.

Attorri accepted the jointly recommended sentence.

“I think given all the complex circumstances of this case and the rather lengthy period of confinement that Mr. Tran has already completed, I think that these are reasonable sentences,” said Attorri.

After the sentencing Friday, Attorri held a restitution hearing that was continued to a later date due to the late hour Friday.

During that hearing, the victim said she believes the approximately $649,000 cash along with jewelry recovered by police belong to her.

Bartlett officer David Courville described the department’s efforts to find the money. He said Tran told police that the victim broke his heart and that’s why he left. Tran said he could return $100,000-$150,000.