Weare News : crime

Man arrested for cop attack plot

Goffstown Editor — Wed, 30 Jan 2008 21:18:00 GMT

Police arrested a Weare man Sunday night, Jan. 27, after learning he allegedly intended to assault a Weare officer after being paid, according to court documents.

Mark E. Yphanitis, 47, of 186A Concord Stage Road, was arrested and charged with conspiracy to commit simple assault on a police officer, a Class A misdemeanor, and felon in possession of a deadly weapon, a Class B felony.

Weare police were first alerted on Friday, Jan. 25, when Weare resident Robert Phelps, 88, came to the station and told them that Yphantis would try to assault officer James Carney, a 15-year veteran of the Weare Police Department.

He stated that Yphanits was “training” and that he was in fear of Yphantis, according to the police affidavit prepared by Carney.

Earlier in the month, around Jan. 5, Yphantis asked Phelps, who had previously employed him for handiwork on his properties, for assistance after losing his job.

Phelps told police he had given Yphantis $700. A relative described the money as a loan and said Yphantis hadn’t asked for such assistance before. Phelps said that Yphantis believed it was to assault Carney, although Phelps denied that it was for an assault.

The two had talked about Carney, and Yphantis described how he was going to catch Carney off guard, running him off the road and “striking him in the head with his elbows,” according to the affidavit.

The two men were familiar with Carney from an incident of attempted homicide that occurred on Phelps’ property in 2007.

Yphantis had been a witness in the incident, cooperating with police and the investigation. Carney had been one of the first responders on the scene and brought Phelps away from the crime scene. In the process, Phelps fell, receiving a cut on the arm, and was upset with Carney at the time for treating him unfairly, according to the police affidavit. At the time, Yphantis told Phelps that he could “handle Sgt. Carney.”

On Saturday evening, Jan. 26, police had Phelps call Yphantis and offer $2,000 to “deal” with Sgt. Carney. Yphantis’s girlfriend answered the phone and said he would contact Phelps in the morning.

When Weare police arrested Yphantis at his home on Sunday, Jan. 27, shortly before 11 p.m., after the issuance of an arrest warrant, they found a 14-inch Bowie knife under his mattress and charged him with felon in posession of a deadly weapon.

Yphantis had been previously convicted of a second-degree simple assault felony in 1998 for pushing a female associate down the stairs, causing her to break her hip, and eventually served time in state prison, according to court documents at the Hillsborough County Superior Court.

Yphantis was arraigned Monday morning, Jan. 28, in Merrimack District Court with bail set at $10,000 cash or corporate surety. He has a probable cause hearing scheduled for Goffstown District Court on Tuesday, Feb. 5.

Police did not charge Yphantis with criminal threatening because some variables weren’t applicable to the situation, said Detective Lou Chatel. He said Carney is working on a normal schedule.

No jail time for father in school assault

Goffstown Editor — Wed, 02 Jan 2008 19:37:00 GMT

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.

Rape trial delayed

Goffstown Editor — Wed, 28 Nov 2007 22:09:00 GMT

BY MICHELLE KIM
The trial of the 17-year-old assaulted by his 15- year-old girlfriend’s father at John Stark Regional High School was postponed until Jan. 3 to determine if there were issues of self-incrimination for the victim.

The trial of the 17-year-old assaulted by his 15- year-old girlfriend’s father at John Stark Regional High School was postponed until Jan. 3 to determine if there were issues of self-incrimination for the victim.

The boy was charged with a sexual assault misdemeanor after the girl’s family learned the two had sex.

Weare prosecuting attorney Lt. Mark Bodanza, who said he has the discretion to continue with the charges, spoke with the victim and her family recently and they expressed the desire to see the case prosecuted.

The 15-year-old gave a statement to police that she had been raped and later said that report was false, according to court documents. Making a false statement to police can carry a penalty of up to a $2,000 fine and a year in jail if charged as a Class B misdemeanor and a $1,000 fine if charged as a Class A misdemeanor, according to Weare police.

The victim and her mother appeared at Goffstown District Court on Tuesday, Nov. 27, with their lawyer, Barbara Landry, of Amherst, who specializes in family law. The prosecution is still determining whether to apply for immunity for the victim, which can only be granted by the county attorney or state Attorney General, because of Fifth Amendment issues against self-incrimination.

The father of the 15-year-old girl faces a probable cause hearing for simple assault, a Class B felony, at Goffstown District Court on Dec. 18. The father has pleaded guilty to assault misdemeanors in the past, according to court documents.

In 1987, he was found guilty on two counts of misdemeanor simple assault in Manchester District Court. The incident occurred on May 17, 1987, involving a 10-year-old boy and 12-year-old boy. He was 17 at the time and was described as striking them several times with his fists.

He appealed and then pleaded guilty to the charges in Hillsborough Superior Court, and was sentenced a total fine of $300, $100 of which was suspended, and 60 days at the Hillsborough County House of Corrections, which was also suspended.

He was also convicted of receiving stolen goods in 2001.

The 17-year-old Henniker boy and the 15-year-old girl, who had been secretly seeing each other, left school grounds the morning of Sept. 10 and later admitted to having sex at his parents’ house.

The girl’s father allegedly assaulted the boy in the school parking lot after being told his daughter had been raped.

The 17-year-old had injuries requiring stitches and the father was charged with a Class B felony, simple assault. Because the girl is younger than 16, consent cannot be legally given. The 17- year-old was charged as an adult with a misdemeanor because the two are less than three years apart.

In court – Man, student face charges after Weare school assault

Goffstown Editor — Wed, 17 Oct 2007 20:51:00 GMT

BY MICHELLE KIM

The man who attacked the 17-year-old boyfriend of his 15-year-old daughter after learning the two had sex was arraigned and charged with a simple assault, Class B felony, in Goffstown District Court Tuesday, Oct. 16. The boyfriend was charged as an adult with a Class A misdemeanor on Oct. 9, according to Weare police.

The 38-year-old Weare man appeared in court with his wife and son but had no legal representation.

Answering the judge in soft, single word answers, he responded that he understood the terms.

Because he faced a felony charge, no plea was taken. A simple assault, Class B felony carries a maximum charge of 3.5 to 5 years in prison and $4,000 in fines. The man posted a personal recognizance bail of $500, which required him to have no contact with the daughter’s boyfriend, who lives in Henniker.

When asked by a reporter whether he would handle the situation in the same way again, given the chance, the father replied “No comment.”

The 17-year-old, a student at John Stark Regional High School, was released on a $5,000 personal recognizance bail, according to Weare police.

As a 17-year-old in a criminal case, he is automatically treated as an adult, said Detective Lou Chatel, and is charged with a misdemeanor in accordance with state law because he is less than three years older than the girl.

Also by state law, consent cannot be given below the age of 16.

If convicted, the teen could face up to one year in prison and a fine of up to $5,000. He would not need to register as a sex offender but he would be required to list the misdemeanor on school and job applications for three years, after which he could petition the court to have it removed from his record, said Chatel.

The teen and his girlfriend admitted to leaving school the morning of Sept. 10 and having sex at a parent’s house. School officials noticed the girl’s absence and notified her parents after she failed to respond to a school-wide page. His mother also told police the two may have gone to his Weare residence, according to court documents. The students later returned to school through separate entrances.

The mother of the girl told police around 1 p.m. she wanted to file a report that her daughter had been raped and was advised to take her daughter for a medical examination and to return to the station for an interview.

At approximately 2:50 p.m., the girl’s father called police to inquire about the case. Ten minutes later, he assaulted the 17-year-old in the parking lot of the school as he was picking up his other children. The boyfriend suffered bruises and cuts that required two stitches to his face. The father was arrested without struggle and charged with simple assault Class B felony because of the extent of the injuries, said Chatel.

The teen had permission to leave school grounds, but the girl did not and she was given an in-school Saturday suspension for her unexcused absence. After the incident, she and her siblings transferred to another school.

A restraining order was taken out in the daughter’s name against the teen on Sept 21.

The couple had known each other since last June and had been seeing each other covertly because her parents did not allow her to date, according to the affidavit filed with court documents.

Prosecutor Lt. Mark Bodanza said the Weare Police Department had seen quite a few sexual assault investigations this year, where parents discovered teen couples had had sex. “But not to the extent where the father attacked the boy,” Bodanza said.

“The key here is that, although disturbing to the parent, they can’t take the law into their own hands,” said Chatel. “It just further traumatized the family.”

The teen is scheduled to go to trial Nov. 27 in Goffstown District Court.

The father is due to appear for a probable cause hearing Nov. 6 in Goffstown District Court.

Student attacked by girlfriend’s dad at school

Goffstown Editor — Thu, 27 Sep 2007 00:24:00 GMT

BY STEVEN ANDREWS

A 17-year-old student was attacked by his 15-year -old girlfriend’s father at John Stark High School as school let out after the man learned the pair had sex earlier in the day, according to police.

The Monday, Sept. 10, incident left the boy bruised and in need of stitches, while the father, from Weare, was charged with simple assault, a Class B felony.

The boy may soon face more punishment, as Deputy Chief of Police William Quigley said there is a “pretty good” chance he will face charges of sexual assault.

Since he is less than three years older than the girl, the charge will be a misdemeanor. It is not known whether he will be charged as a minor or adult.

According to Principal Michael Turmelle, the boy, who lives in Henniker, had permission to be out of school that day. When administrators noticed the girl was not at school, her parents were immediately notified.

The students met at one of the parents’ homes and had sex, police said. When confronted by her parents, the girl, who is underage, told them about the sexual encounter.

This led the father to the schoolyard confrontation, attacking the boy at about 1:30 p.m.

The attack only lasted about a minute, according to police, until school resource officer William Duffy was alerted by several students who witnessed the incident.

“We’re in lockdown all day long, there’s only one way into the school,” said Turmelle. “But at dismissal there’s a couple hundred parents picking up kids, I don’t think there’s anything anyone could do to prevent this.”

Police said the man was very cooperative when detained, and did not deny the attack. They also said they were unaware of any previous arrests or violence on his record.

His name has not been released, since it would make identifying his daughter easier, according to police.

Turmelle said that neither student has a history of unexcused absences, but the girl faces an in-school Saturday
suspension.

Shooting victim still in hospital

Goffstown Editor — Wed, 27 Jun 2007 20:59:00 GMT

BY JOHN DONATI

One Weare man is being held on $1 million cash bail while another, his alleged victim, remains in the hospital after a shooting onJune 19.

Thomas R. Lagerbloom, 58, of 716 Reservoir Drive, was arraigned Wednesday, June 20, in Goffstown District Court on charges of attempted second-degree murder, first-degree assault and theft by unauthorized taking.

He stands accused of shooting Jeff “J.T.” Hebbeln, 47, of 30 Merrill Road in Weare, in the chest with .32 caliber handgun, according to Goffstown District Court records.

Each of the three charges carries penalties of 7-1/2 to 15 years in prison and up to a $4,000 fine.

Lagerbloom is being held at the Hillsborough County Jail, Valley Street, Manchester, pending a July 3 probable cause hearing scheduled at Goffstown District Court.

According to the court records, the court determined the defendant’s release “will endanger the safety of the defendant or of another person in the community,” resulting in the high bail conditions.

A supporting affidavit was filed the day of the arraignment by Lt. Mark Bodanza of the Weare Police Department.

On June 6 at 1:37 p.m., Weare officers were sent to the 30 Merrill Road residence following the report of a shooting. Bonnie Raymond, 48, of the same address, made the 911 call, and is Hebbeln’s fiance, records show.

Sgt. James Carney and officer Jonathan Quigley, arriving first on scene, approached the residence with weapons drawn. They saw three men on the ground – Hebbeln, Lagerbloom and another man, Jeff Kablik, 37, also of Weare, in front of a barn adjacent to the residence.

According to the records, Randy Blodgett, an eyewitness to the shooting, was interviewed by Weare police officer Robert Harvey.

Harvey told police Lagerbloom pulled up in a 1989 gray Volvo wagon. Blodgett said Lagerbloom stated, “I am going to shoot that guy,” and drew the handgun from the small of his back. Blodgett warned it wasn’t worth it, but watched as Lagerbloom shot Hebbeln.

Hebbeln then grabbed Lagerbloom, and the two began to struggle. When Kablik intervened, Blodgett went for cover, fearing that he too would be shot, records show.

The arriving officers observed Kablik applying pressure to Hebbeln’s bleeding chest, while simultaneously restraining Lagerbloom, also on the ground.

They were separated, and Hebbeln said “Tom” (Lagerbloom) shot him. The handgun was taken by Weare Police Detective Louis Chatel, after he arrived on scene. He joined Quigley in administering emergency first aid to Hebbeln, records show.

Carney handcuffed Lagerbloom and began to ask questions, noticing a large fresh blood stain on him.

Records show that Lagerbloom “spontaneously” told the sergeant he had shot Hebbeln, and that it was a “long story.”

Hebbeln was transported to Concord Hospital. Hospital staff determined after testing that Hebbeln had suffered a single gunshot wound to the left side of his chest, exiting out the back side of his right shoulder, records show.

Concord Hospital did not confirm Hebbeln was still being hospitalized.

It was later learned during an interview by Weare Police officer Robert Peterson that Lagerbloom allegedly stole the handgun from his father, Philip Lagerbloom of 716 Reservoir Road, who reported the gun as missing and that his son did not have permission to take it, records show.

The incident stemmed from an altercation between the two men days earlier, on June 18. Mark Yphatis, another witness in the case, said Lagerbloom was employed to build a shed on the property owned by landlord, Robert Phelps. Phelps had given Lagerbloom permission to work and stay in a trailer on the property.

Phelps would later ask Hebbeln to lock the trailer, denying Lagerbloom access, because he was upset with him.

An altercation between Hebbeln and Lagerbloom ensued when he returned to retrieve tools. Hebbeln, responsible for the tools on the job site, denied his request, resulting in a shoving match, according to the court records.

The next day, June 19, Kablik told Hebbeln that Lagerbloom had left a threatening message on Yphatis’s answering machine, but Hebbeln is said to have dismissed it as “foolish talk due to excessive alcohol consumption,” records show.

The answering machine was turned over to police. Officer Harvey listed Lagerbloom’s message as saying, in part, “Hey Mark, Tom here,” he continued, “but if I have to deal with that son-of-a-*** tomorrow I’m going to kill him. Enough said. Take care. Bye.”

The shooting occurred the following day.

Weare Police Chief Gregory Begin confirmed that the incident is under investigation, and that information would be released in accordance with New Hampshire Attorney General’s Office protocols.

Lagerbloom is also currently out on personal recognizance stemming from an April 19 arrest in Goffstown for driving while intoxicated.