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N.H. probation officer keeps law enforcement certification despite domestic violence case

  • Justin Evans, 31, of Concord faces misdemeanor charges in connection with a domestic violence incident in the city in April 2018. Courtesy



Monitor staff
Friday, August 10, 2018

A New Hampshire probation and parole officer has been restricted to desk work and other administrative responsibilities until a domestic violence case against him is resolved in Concord’s district court.

Justin Evans, 31, of Concord faces alternative counts of false imprisonment, one of which is domestic violence-related. Evans is accused of preventing his intimate partner and her son from leaving a garage by parking his vehicle directly behind hers on an afternoon in April.

Concord police responded to a domestic disturbance at a residence off Fisherville Road April 7 shortly after 1 p.m. and arrested Evans on the misdemeanor charges. His bail was set at $4,000 personal recognizance.

Although Evans is restricted to administrative work, he remains actively involved in the Merrimack County Drug Court, an alternative sentencing program for nonviolent felony-level offenders that meets Monday afternoons in superior court.

As part of Evans’s bail conditions, district court Judge M. Kristin Spath signed off on a domestic violence order of protection, but Spath amended the order in May at the request of Evans’s intimate partner who asked that the no-contact provision be lifted.

The New Hampshire Police Standards Training and Council voted, 6-5, at its May 22 meeting in favor of allowing Evans to maintain his law enforcement certification while the criminal case is pending. The council concluded that “Evans does not pose a threat to public safety,” and therefore his certification should not be suspended or revoked at this time, according to meeting minutes.

Helen Hanks, commissioner of the state’s Department of Corrections, recused herself from the vote and did not stay for the discussion. The state’s probation and parole offices operate under the umbrella of the Corrections Department.

Attorney James Moir, who is representing Evans, appeared before the council May 22 to provide additional information about the case against Evans. He said Evans had gone to the Emily Way residence to pick up some of his belongings. While there, he parked in front of the garage, which prohibited another vehicle from leaving. However, Moir disputed that the woman was being restrained.

Evans’s intimate partner told the council that “Justin is not a danger to the public and does not undermine the criminal justice system,” according to meeting minutes.

Moir said the council meeting would have ideally fallen after Evans’s trial, but the district court trial docket could not accommodate an earlier date.

A trial management conference is scheduled for 8:30 a.m. Sept. 20 in Concord’s district court, although negotiations to resolve the case are ongoing, according to court records.

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