BY
JENN McDOWELL
More than three years after
he allegedly assaulted a checklist
supervisor in Windham, a
former state representative and
town selectman will face a trial
for felony assault of a town officer.
Christopher Doyle, 30, of
Windham, is accused of striking
Gail Webster, a supervisor
of Windham’s checklist, when
she attempted to intervene in an
altercation related to his loss in
a re-election vote for selectman
at the polls on March 8, 2005, at
Golden Brook Elementary.
After numerous delays, a
Supreme Court appeal of his indictment
and several changes of
counsel, Doyle’s trial was set to
begin on Monday, Sept. 29.
When Doyle failed to appear
at a pre-trial hearing on Thursday,
Sept. 18, a warrant was issued
for his arrest.
Doyle was arrested on Thursday,
Oct. 1, after he walked into
an FBI office in Lowell, Mass.,
inquiring about federal election
laws. When an FBI agent determined
there was a warrant out
for Doyle’s arrest, he was turned
over to Plaistow police.
Doyle’s bail hearing was
scheduled for Wednesday, Oct. 8,
in Rockingham County Superior
Court. A new
pre-trial hearing
has been
set for Wednesday,
Nov. 19, at
9 a.m., and his
trial is set to begin
on Monday,
Dec. 1.
According
to court documents,
Doyle filed a written motion
with Superior Court to recall
the warrant issued for his arrest
on Monday, Sept. 22, saying he
did not receive notification of
the pre-trial hearing he missed.
That motion was denied.
Doyle’s latest attorney filed
a motion to withdraw from the
case at the Sept. 18 pre-trial hearing,
saying Doyle had not paid
him for his services.
Londonderry police began
looking for Doyle after he called
the station on Sept. 29, saying
he was going to turn himself
in. Doyle’s parents live in Londonderry,
but Doyle failed to
turn himself in that day, prompting
the search.
After the polls closed on
March 8, 2005, Doyle’s father
Edward Doyle, allegedly got into
an altercation with Windham
Selectman Bruce Breton over his
son’s loss of his seat.
Webster, 62, allegedly tried
to intervene and went to find a
police officer.
According to a police affidavit
including witness accounts,
Webster tried to go into the hallway
where the argument was
taking place and Doyle, then 27,
tried to prevent her from doing
so by pushing her.
The felony assault charge alleges
Webster, a town official as
checklist supervisor, was assaulted
while discharging her duties.
At the time, Webster was also
running for cemetery trustee.
Doyle filed to dismiss his indictment
on the felony charge
in February 2006, which a Rockingham
Superior Court judge
denied.
In September 2007, an appeal
of Doyle’s indictment went to
the state Supreme Court, where
Doyle’s then-lawyer Michael
Ricker argued Webster’s status at
the time of the assault as a candidate
for office negated her town
officer status, therefore making
the felony assault charge void.
Assistant Attorney General
James Kennedy argued in that case
that while Webster should have
been temporarily replaced as checklist
supervisor in light of her candidacy,
she wasn’t, and was, indeed,
functioning as a town official.
A Supreme Court judge ruled
Webster would have retained
her title as checklist supervisor
even if she had been temporarily
replaced.
The court agreed with Doyle
that Webster should not have
been performing her checklist
duties at the time, but said the
town was not aware of her disqualification
until after Doyle’s
indictment.
The court also said even
though it may have been a conflict
of interest, Webster was
functioning at the time of the assault
as the checklist supervisor,
supporting the assault charge
under state law.
Doyle was offered a plea
bargain in October 2005, which
would have downgraded the
charge to a misdemeanor. Pleading
guilty to that charge would
have given him a one-year suspended
jail sentence, and he
would face no jail time or probation
provided he stayed out of
trouble for two years.
Under the bargain’s terms,
he would have had to apologize
to Webster, perform 100 hours
of community service, get into
an anger management treatment
program, give up any town offices
he held and be prevented
from holding any public office
for two years.
At the time, he was
offered the deal, Doyle chaired
the town’s Zoning Board.
Doyle initially accepted the
agreement, but later changed his
mind. He now faces fines and a
three-and-a-half- to seven-year
sentence.