A Concord man could face decades in prison after a Merrimack County jury found him guilty of sexually assaulting a 7-year-old girl multiple times in 2017.
Nickolas Micucci, 31, was convicted Friday of three counts of aggravated felonious sexual assault and one count each of felonious sexual assault and indecent exposure. The jury deliberated for approximately four and a half hours before returning guilty verdicts on all five charges.
Micucci will be held without bail until his sentencing, which is set for late June.
Concord police arrested Micucci on Dec. 30, 2017, after the girl confided in her grandmother about the sexual abuse that began months earlier. The state’s Division for Children, Youth and Families was also notified as part of the investigation.
The girl, who was known to Micucci, told investigators in an interview at the Merrimack County Advocacy Center that she had the “deepest darkest secret” but would get into “big trouble” if she discussed it, according to prosecutors who referenced a sworn police affidavit at Micucci’s trial last week.
Assistant Merrimack County Attorney Wayne Coull told jurors during opening statements on March 25 that Micucci inappropriately touched the girl on several occasions in what he referred to as “quick” and “discrete” acts of abuse both under and over the child’s clothing. He said the girl had everything to lose by coming forward, in part, because members of her own family didn’t believe her.
Jurors heard last week from the girl, members of her family, law enforcement officials and others who were involved in the abuse investigation.
The defense attempted to plant a seed in jurors’ minds that the child’s grandmother was somehow behind the claims and that the allegations were false. However, jurors found beyond county prosecutors proved their case against Micucci beyond a reasonable doubt and convicted him of all charges.
Judge Brian Tucker, who presided over the multi-day trial, ordered a presentence investigation report which will look into Micucci’s background, including any prior criminal history. The report helps the court determine an appropriate sentence based on the unique facts of the case.
A jury previously convicted Micucci in early 2015 of second-degree assault and simple assault on a former girlfriend. Prosecutors said he punched the woman, head-butted her, choked her, bit her chest and slammed her head against a wall all while threatening her with a knife. Micucci lost his appeal to the New Hampshire Supreme Court and was sentenced to one to five years in prison.
Micucci’s latest convictions could land him behind bars for far more time. He faces a maximum of 3½ to seven years on each of the two Class B felony charges and 10 to 20 years on each of the three aggravated felonious sexual assault charges, which are special felonies.
His sentencing hearing is scheduled for June 27 in Merrimack County Superior Court in Concord.
(Alyssa Dandrea can be reached at 369-3319 or at adandrea@cmonitor.com.)
