BY DARRELL HALEN

Prosecutors have dropped an assault charge filed against a Salem man, saying he acted in self-defense when he shot his Windham stepbrother last month.

Frank Meisel, 42, of 7 Cluff Road, Salem, fired a single shot from a .38 revolver when David E. Richardson swung a club at his head, according to a statement issued by Rockingham County Attorney James Reams.

Richardson, of 22 Roulston Road, Windham, had earlier made threats to harm Meisel, said Reams.

The shooting occurred on March 1 at Windham Auto Body at 47 Roulston Road in Windham.

Earlier in the day, Richardson was drunk when he went to the auto body shop and got into a fight with Meisel, said Reams.

Neither man suffered injuries and did not want to press charges against the other when Windham police responded to the first altercation, according to Reams.

A witness at the auto body shop saw both fights. Richarson, who underwent surgery at a Boston hospital, has refused to release medical records and was uncooperative with investigators, according to the statement.

“As the details began to emerge from the interviews, the Windham Police Department and the New Hampshire State Police worked tirelessly to reach the truth of the shooting, and the preliminary conclusion was that the evidence and the witnesses corroborate that Meisel acted in self-defense,” Reams said in the statement. “However, given the refusal of the victim to cooperate, we can not justify putting further resources into this case.”