Submitted: May 8, 2019
J. MacDonald, attorney general (Elizabeth C. Woodcock,
assistant attorney general, on the memorandum of law), for
M. Rothstein, deputy director public defender, of Concord, on
the memorandum of law, for the defendant.
defendant, Paul R. Spaulding, appeals the order of the
Superior Court (Ruoff, J.) that he be detained
without bail pending resolution of the charges against him.
See RSA 597:2, IV(a) (Supp. 2018). We affirm.
record establishes the following facts. The defendant was
charged with two counts of misdemeanor domestic violence,
see RSA 631:2-b (Supp. 2018), one count of felony
reckless conduct, see RSA 631:3 (Supp. 2018), and
one count of felony criminal threatening, see RSA
631:4 (2016). At his arraignment on those charges, he pleaded
not guilty. Based upon an affidavit that has not been
provided as part of the appellate record and representations
by the State, the court found, by clear and convincing
evidence, that preventive detention was warranted and ordered
the defendant to be detained without bail. See RSA
597:2, IV(a). The court also issued a domestic violence
criminal order of protection. See RSA ch. 173-B
(2014 & Supp. 2018).
court held a probable cause hearing on the charges a few days
later. At that time, the State entered a nolle
prosequi on the criminal threatening charge and filed a
new charge against the defendant, criminal threatening with a
deadly weapon, to which the defendant pleaded not guilty.
See RSA 631:4, II(a)(2). At the probable cause
hearing, the court heard testimony about the event that gave
rise to the charges against the defendant. Specifically,
there was testimony that at approximately 2:00 in the morning
on December 16, 2018, there was a call regarding a domestic
argument between the caller's mother and the defendant.
The caller informed dispatch that the defendant had
discharged a firearm outside.
were dispatched to an apartment building in Hinsdale at which
the domestic disturbance allegedly was taking place. When the
officers arrived, they heard yelling from one of the
apartments. The apartment door was open, and the officers
issued multiple commands to the defendant to exit. Seeing a
firearm on the defendant's hip, the police took him into
detention immediately. The defendant was "very, very
angry" and "vocal" and could be heard saying
to the complainant, "[Y]ou did this to me, you did this
to me." One officer described the defendant as
"growling" with anger. As officers placed the
defendant into the cruiser, they heard him yelling,
"I'm going to kill the bitch."
he was detained, the police recovered both the firearm on the
defendant's hip and a second gun. One gun was a Kel-Tec
nine-millimeter, semiautomatic pistol that was missing one
round of ammunition; the other was a Smith & Wesson
nine-millimeter, semiautomatic pistol that was not missing
any rounds. At the jail, the police seized a magazine of
ammunition from the defendant as well as a knife with a
six-inch blade. Police testified that the knife was sheathed
and "stuffed into the . . . inside of [the
defendant's] waistband by his underwear."
then interviewed the complainant and her daughter. They were
told that the complainant and the defendant had been in an
intimate relationship for approximately one year. Although
the defendant lives in Vermont "most of the time,"
he stayed with the complainant occasionally.
complainant told the police that she and the defendant had
gone out with other building tenants that night and that the
defendant had had "a couple Jack and Cokes." When
the complainant and the defendant came home, they had smoked
some marijuana, and the defendant then had become
"enraged," although the complainant said that she
had "no idea why." When the complainant attempted
to leave the apartment, the defendant prevented her from
doing so by grabbing her shoulders and pinning her against
the wall of the bedroom so that she could not move.
Eventually, he released his grip, but when she attempted to
leave the apartment he stood in front of the door and would
not let her leave. When she was finally able to leave, she
fled to the first floor apartment of a neighbor.
in the neighbor's apartment, the complainant heard the
defendant come downstairs and leave the building only to
return and begin banging on the neighbor's door. The
defendant sounded rageful as he said, "[I]f you
don't open the door, I'm just going to shoot it
down." The complainant felt afraid and assumed a
"vertical fetal position." She told police that she
was afraid because she knew that the defendant had a gun and
his possession of a gun had been "contentious in their
relationship." The complainant also said that she felt
afraid because she had never seen the defendant act like this
complainant then heard the defendant ascend and descend the
stairs rapidly, running outside the apartment building. Less
than a minute later, the complainant heard a gunshot.
complainant's daughter confirmed that the argument
between the defendant and the complainant occurred after the
two had returned to the apartment that night and that the
complainant had run downstairs to the first floor
neighbor's apartment. The complainant's daughter
heard the defendant banging on the neighbor's door and
heard him say "I'm not doing this anymore, I'm
just going to shoot it down," or words to that effect.
She then heard the defendant go upstairs, threaten to kill
himself, run downstairs, and run outside. She heard a
gunshot, and, ...