Merrimack County Sheriff Scott Hilliard resigned Wednesday after facing a month of criticism from some members of the public and Gov. Chris Sununu for remaining in his role after being convicted of drunken driving in January.
Hilliard will step down from his post on March 31, he wrote in a prepared statement.
“I wish to take this opportunity to say thank you to the countless people who have supported me and my family in some difficult times,” he wrote. “It is your support that has helped me through some very difficult times it has touched my heart. THANK YOU.
“The decision to step down as your sheriff is not an easy one,” he continued. “I wish to say THANK YOU for your support of the sheriff’s office, the men and woman (sic) here are very dedicated and hardworking and I am proud to have served as their leader.”
He asked that the press respect his family’s privacy and not contact him further at this time.
Hilliard, 58, was arrested on Aug. 9 in a 99 Restaurant parking lot in Tilton after a caller reported to police that a man in a white Cadillac was driving erratically on Laconia Road, also known as Route 3.
After he was pulled over, officers said they could smell alcohol on Hilliard’s breath and that the sheriff had slurred speech, flushed cheeks and glassy eyes. Police also found a glass tumbler in the Cadillac, which Hilliard said contained a “cocktail.”
Hilliard was arrested and transported to Franklin Regional Hospital, where a blood-draw revealed his blood-alcohol level to be 0.246%, three times the legal limit, according to court records. He was not on duty at the time of the incident.
Hilliard’s case was moved out to Merrimack County and into Nashua District Court, because of a conflict of interest. Hilliard’s lawyer, Jared Bedrick, argued that Hilliard’s arrest was unlawful because Tilton police did not apply for a warrant, and therefore the result of the blood draw at the hospital should not be considered by the court.
Nashua Judge James Leary agreed that the arrest was unlawful, but said that because Hilliard consented to the blood draw it was relevant to the case. Leary ruled that the sheriff was guilty of aggravated driving under the influence and an open container violation.
Hillard was ordered by Leary to spend five days in jail, complete an impaired driver management program, pay a $930 fine, have his license suspended for up to 18 months and to drive with an ignition interlock device for 24 months after his license is reinstated.
Two weeks ago, Bedrick filed an appeal in the state Supreme Court. The crux of Hilliard’s appeal is whether Leary should have allowed a blood-draw taken at a hospital after Hillard’s unlawful arrest to be considered.
In the aftermath of his conviction, Hilliard continued to work and stated that he planned to continue to on as sheriff through December, when his term ends, pending the outcome of his appeal.
Hilliard does not need his police officer certification to continue in his role as Merrimack County sheriff, even after his DWI conviction, because he is an elected official, according to New Hampshire Police & Standards Training Council Interim Director Major David Parenteau.
Gov. Chris Sununu, however, called on Hilliard to resign in January.
“The sheriff has been convicted of a serious crime and should resign immediately,” Sununu said in a statement.
Attorney General Gordon MacDonald wrote a letter on Jan. 24 urging Merrimack County officials to launch an internal investigation into Hilliard and whether he should be placed on the Laurie List, a database of police officers who have committed misconduct.
Hilliard has served as a law enforcement officer for close to 40 years.
Both Hilliard and his lawyer spoke openly during his trial about his struggle with alcoholism, which they said has been fueled by struggles with mental health. Bedrick said a culture of seeking support for mental health challenges is absent for many law enforcement officers who experience trauma on the job.
“It’s not the most welcoming environment to come out and say you’re suffering,” Bedrick said. “You see people suffering in silence for many years without the proper treatment. This is what’s happened to Scott.”
“They see a lot, they have to do a lot. It subjects them to the kind of things that cause PTSD, depression, anxiety and alcoholism,” Bedrick added.
Bedrick described Hilliard’s DWI as a “blessing” and a “wake-up call.”
Hilliard started seeing a counselor four days after his arrest. As of January, he was seeing that counselor weekly and had been sober for six months.