Man found incompetent to stand trial for Concord sexual assault

  • Miles Anderson —Courtesy

Monitor staff
Thursday, May 31, 2018

A homeless man was found mentally incompetent to stand trial in Concord for allegedly breaking into a stranger’s home and molesting a 13-year-old girl while she slept.

However, Miles Anderson, 28, could be “restored” to competency in the next 12 months if he receives appropriate medical treatment for his mental illness, according to state forensic examiner Dr. James Bomersbach, who evaluated Anderson.

Assistant Merrimack County Attorney Joe Cherniske recommended to a Merrimack County judge that Anderson receive inpatient treatment at a secure psychiatric facility, arguing that Anderson poses a “substantial risk of danger” to himself and others. Cherniske wrote in a motion to the court Wednesday that Anderson is subject to a prior civil commitment order issued by the probate court, but that the old order is insufficient because it allows for his conditional discharge from the hospital to a community mental health center.

Anderson was scheduled to appear Thursday morning in Merrimack County Superior Court for a competency hearing. Instead, attorneys met with Judge Richard McNamara at the bench to finalize a written agreement. Per the agreement, Anderson will be held on cash bail pending his admittance on an involuntary basis to the state hospital. If the hospital discharges Anderson, staff must notify the sheriff’s office so he can return to the custody of the county jail.

The court will hold a review hearing within 90 days.

A grand jury indicted Anderson in April of one count each of attempted aggravated felonious sexual assault, indecent exposure and sexual assault, as well as two counts of burglary.

Police said previously they responded to a home in the area of Washington and Jackson streets on Feb. 19 for a report of a man found in a teenager’s bedroom. The girl’s father had tackled and punched the man – later identified as Anderson – and restrained him on the porch until police arrived shortly after 4 a.m., according to court documents.

The teen told police she was awakened by a man seated in a chair in her bedroom. The man then proceeded to stand up, drop his pants and approach the girl’s bed, where he then tried to lie down while inappropriately touching her, according to an affidavit prepared by Concord police Detective Bryan Croft.

With the light on her iPad, the teen was able to shine a light on the man, whom she told to “stop touching her and get out,” Croft wrote. The girl then ran to her parents’ bedroom for help.

Her father proceeded to search for the man, whom he found standing on a porch located between an exterior door to the residence and a door to the living room, Croft wrote. He told police “he tackled the man, punched him and held him on the porch” while yelling for someone else to call 911.

Anderson has a prior history of drug abuse and a criminal record that includes convictions for drug possession and criminal trespass.

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