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Man accused of firing pistol downtown deemed unfit to stand trial

  • Timothy Dearborn, 33, was found not fit to stand trial on several charges stemming from a June 2017 incident in Concord. —Courtesy



Monitor staff
Friday, October 13, 2017

A man with a history of mental illness accused of firing approximately 30 rounds from a pistol in downtown Concord this summer is not fit to stand trial, a judge ruled Thursday.

Timothy Dearborn, 33, will remain incarcerated for up to 90 days to allow for a physician to determine the appropriateness of involuntary treatment, according to court documents. The case is likely to proceed to probate court where prosecutors can advocate for a civil commitment of up to five years under state law.

Attorneys on both sides agreed that Dearborn was not mentally competent to stand trial in Merrimack County Superior Court, and that his condition would not improve within 12 months if he received further treatment. Judge John Kissinger ruled Thursday that Dearborn is a danger to others and, therefore, could not be safely released back into the community.

Concord police arrested Dearborn in June and charged him with felony counts of reckless conduct and being a felon in possession of a firearm. He was also charged with a misdemeanor count of criminal threatening and a violation-level charge of unauthorized use of a firearm.

On Thursday, Kissinger dismissed the case against Dearborn without prejudice. The ruling leaves the option for county prosecutors to refile identical charges at a later date.

Court records show that Dearborn has been charged with dozens of crimes over the past 17 years. He has previously been found incompetent to stand trial on several of those occasions.

Police said no one was injured in the June 14 incident; however, there were people in the vicinity of the shots. Dearborn was not accused of firing at anyone in particular.

Two men were hanging out near the State House when Dearborn approached them with the pistol “and told them he had found it with the two clips,” according to an affidavit prepared by Concord police Officer Melissa Pfefferle.

One of the men said Dearborn “asked if his gun was real and that he wanted to sell it,” Pfefferle wrote, noting that the men said they weren’t interested in buying it. Dearborn walked away and the men started to follow in the same direction, calling 911 when they heard gunshots, the affidavit says.

Responding officers found Dearborn walking on North Main Street and took him into custody at gunpoint, according to reports. Police said they did not find a gun on Dearborn, but located one in an alley nearby with 30 spent shell casings.

(Alyssa Dandrea can be reached at 369-3319, adandrea@cmonitor.com or on Twitter @_ADandrea.)