By Michelle Kim

 

WEARE – The Weare man who attacked the 17-year-old boyfriend of his 15-year-old daughter pleaded no contest to a Class A misdemeanor assault and received a suspended sentence of one year in jail.

The 38-year-old Weare man, dressed in a suit, appeared at the Dec. 27 plea hearing at Goffstown District Court to enter a plea of no contest, accompanied by his wife and his attorney, Eric Wilson of Nashua, who declined to comment on the case.

With the plea, the defendant waived his right to appeal and to a trial by jury.

He was sentenced to one year in the Hillsborough County House of Corrections, suspended for a year contingent on good behavior and no contact with the victim for one year. He was also required to pay $50 in restitution to the victim’s family for out-of-pocket medical expenses from the victim’s injuries, which required two stitches.

The defendant asked about distance requirements, since he said his work took him on the road that passed the victim’s parent’s house. Judge Paul Lawrence said the no contact requirement did not have distance specifications.

Any violations of the terms of the agreement would allow the state to enforce the suspended sentence, according to Weare prosecutor Lt. Mark Bodanza.

The defendant was originally charged with a simple assault Class B felony, which carries a maximum penalty of seven years imprisonment and a fine of up to $4,000.

Bodanza said he had consulted with County Attorney Marguerite Wageling and attorney Skip Campbell, representing the 17-year-old student, and said the deal was acceptable to the parties involved.

“Given the circumstances, it’s the best disposition we could have in this case,” said Bodanza.

The prosecution also offered a plea deal to the 17-year-old Henniker student, the terms of which they declined to disclose. Calls to Campbell’s office were not returned by press time.

The student had originally been charged with a Class A sexual assault misdemeanor, which carries a maximum penalty of one year in jail and a $2,000 fine.

The student’s hearing was scheduled for Jan. 3.

The conviction closes the possibility of criminal cases against the Weare man regarding the incident, although the possibility of civil action remains for up to three years, said Bodanza.

Both the Weare man and the Henniker student can petition the court to have their convictions annulled after three years.

The Weare man was previously convicted in 1987 of two counts of simple assault misdemeanors in Hillsborough Superior Court for the assault of a 12-year-old and 10-year-old boy. He was 17 at the time and was sentenced to 30 days suspended jail time and paid a $200 fine.

The present cases originated when the Henniker teen and the 15-year-old girl, who had been seeing each other secretly since June because the girl was not allowed to date, both admitted to leaving school on Sept. 10 and having sex at the 17-year-old’s parents house.

The girl’s father attacked the boyfriend in the parking lot of John Stark Regional High School after being told by his daughter that she had been raped. The girl later said that statement was false.

The age for legal sexual consent is 16. Had the Henniker teen been more than three years older than the girl, he could have faced a felony charge.