“Self-defense is the clearest of all laws, and for this reason: lawyers didn’t make it” ~Douglas William Jerrold
Despite the efforts of Governor Lynch, his Attorney General and a hand full of unelected Police Chiefs around the state, The New Hampshire Senate voted this afternoon to 
override the Governor’s veto on a vote of 17 to 7. The Bill now goes to the House where it will become law upon concurrence with the Senate Veto override.
During his walking parade through some of the meaner streets of Manchester, several demagoguery cards were used falsely implying SB 88’s becoming law would empower gang members…Which I find rather bizarre since Local Law Enforcement here will tell you we don’t have a significant gang problem.
During his many rants, Governor Lynch challenged the need for this law, claiming supporters of the SB88, “have not been able to identify a single case in New Hampshire where someone has been wrongly prosecuted for using deadly force to protect themselves or others. In fact, current law puts the burden on the state to disprove beyond reasonable doubt claims of self-defense.”
Well Thanks to Attorney Penny Dean of Concord, who provided reference and source materials, the challenge is accepted….
STATE V. JOSEPH BROWN
Superior Court, Carroll County No. 05-S-358
Joseph Gleason, an over six-foot tall and 200-pound burley fellow with a criminal record for violence, pursued Brown off of a highway, characterized as a fit of “road rage.” The five-foot, four-inch 140-pound Brown (with no prior criminal record) now found himself trapped at a traffic light behind other vehicles, with no route of escape from Gleason, as the 280-pound Gleason exited his vehicle and began screaming, yelling, swearing and pounding on Brown’s vehicle punching on the windows of Brown’s Buick.
With no way to escape, and fearing for his safety, Joseph Brown produced a handgun, merely showing it, but never pointing it at Gleason. Brown was subsequently arrested, charged and forced to stand trial. After considerable legal expense the case was noll prosequied.
During Joseph Brown’s arrest, N.H. State Trooper Beth Keyes asserted, “Your right to self defense is your right to call 911…”.
STATE V. PHILLIP TUFANO
Superior Court, Merrimack County 2008
Tufano of Londonderry was charged with threatening Paul DeFilippo with a handgun in August of 2008 following a road rage incident on Route 93. Tufano charged after he held up his “still-holstered” gun in an effort to diffuse the situation when DeFilippo ran him off the roadway, causing him to fear for his life.
While a separate witness corroborated Tufano’s version of events, The State’s only evidence hinged upon the testimony of DeFelippo. The State later dropped the case after DeFilippo was stabbed to death in an unrelated dispute over “rent money” back at his home in Wilmington MA. Manchester Attorney Michael Keefe said in his 25 years of practicing law that he has defended three cases of criminal threatening, and in each instance, the individual had a license to carry. DeFilippo’s testimony was given substantial weight by the state to proceed to trial, despite the questionable credibility of DeFilippo.
STATE V. STUART URIE
Superior Court, Southern, Hillsborough No. 07-S-353, 354
In 2006, five men One a convicted drug–dealing felon, others with assorted criminal convictions and one characterized as, “Able to bench press over 400 pounds,” attacked Stuart Urie who had retreated to his front porch.
On his own property, Urie displayed a firearm (did not aim or point it), and was subsequently charged with four felony counts of criminal threatening and/or reckless conduct. Urie was availed of the charges with “NOT GUILTY” findings, but only after spending upwards of $100,000 on his defense.
STATE V. CAROLYN HUTCHINS
Superior Court, Grafton County, No. 00-S-220
Carolyn Hutchins was acquitted of second degree murder when she shot her abusive husband. Hutchins said she feared for her life as Ellison “Buster” Hutchins stormed down the narrow hallway of the house, saying he was, “going to kill her.” A loaded gun kept at the bedside, she grabbed it and fired it at him.
STATE V. ERICK BUCK
Superior Court, Belknap County 04-S-36
Buck shot an intruder on his OWN PROPERTY. Despite a determination that Buck was not the initial aggressor, He was indicted by the Belknap County Grand Jury. The Meredith Police investigation didn’t believe a crime had been committed, however, the Belknap County Attorney disagreed. (It is believed that Belknap County Attorney had been pressured by undue influence of the “victims” mother). Buck was acquitted after arguing self-defense.
So there’s your examples, Governor Lynch. But I suppose now that your veto is overridden and your mouthpiece Colin Manning is out there still demagoguing the issue, it’s all a moot point.
