A Canterbury man accused of fatally stabbing his mother two years ago will argue that he was insane at the time and cannot be held criminally responsible.
Phillip Nash, 23, intends to plead not guilty by reason of insanity to the charge of second-degree murder for knowingly causing the death of Frances Nash, 51, of Chichester, according to new court filings. He is scheduled to appear before a judge next month in Merrimack County Superior Court in Concord for a plea and sentencing hearing.
A plea of not guilty by reason of insanity requires the defendant to admit to wrongdoing while simultaneously claiming that he cannot be held legally responsible due to his mental state.
If a judge accepts the plea offer, a further hearing must be held within 40 days to determine the level of safety risk Phillip Nash poses to the community and to himself. Under New Hampshire law, any person deemed a danger will be committed by court order to the state’s secure psychiatric unit he or she is eligible for release. The initial commitment order is for five years, subject to renewal every five years thereafter. In the event that the defendant remains a danger, there is a possibility he could be committed to the psychiatric unit or state hospital for the rest of his life.
Court records show that Phillip Nash was evaluated by forensic psychiatrist Dr. Albert Drukteinis. The most recent mental competency evaluation was filed in early April with the court but is under seal, meaning it contains confidential material that is not a matter of public record.
Since his arrest in 2018, Phillip Nash has undergone multiple competency evaluations to determine his ability to stand trial in the criminal case. That fall, Judge Richard McNamara ruled that Nash was “currently incompetent, but restorable.” After undergoing further mental health treatment for several months, Nash was reevaluated, and McNamara issued a new order, finding that Nash had been “restored” and could stand trial.
However, the case will not proceed to a jury. The central issue now before the court concerns Nash’s mental state at the time of the alleged crime, not his mental state today.
The body of Frances Nash was recovered by investigators from a swamp in late May 2018. The New Hampshire Attorney General’s Office alleges that Phillip Nash killed his mother on May 17; however, her remains were not recovered until almost four days later.
Canterbury police received a report of a broken down vehicle on Hackleboro Road in the town on May 21, 2018. The vehicle, identified as Frances Nash’s stolen Mercury Mariner, was leaking fluids and smelled of gasoline, according to sworn affidavits filed with the court. The SUV’s exterior and undercarriage were coated in dried mud and its interior was spotted with reddish-brown stains, later determined to be blood.
Led by a K9 unit, investigators walked a trail, beginning in the area of 354 Hackleboro Road, and found Frances Nash’s body in a swamp, partially covered with a blanket that appeared burned, according to the affidavits.
Investigators concluded through later forensic testing that she was likely in the driver’s seat at the time she was fatally stabbed.
Prosecutors allege Phillip Nash fled south in a stolen vehicle after the murder. He was ultimately taken into custody in Virginia.
The plea and sentencing in the murder case is scheduled for May 29 in Concord. Nash also faces an alternative count of reckless second-degree murder and two counts of theft but those charges would be dismissed as part of the plea resolution.