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A week after two men charged in the Ash Street shooting were released on bail, the three Democrats running to become Manchester’s next mayor have yet to address the need for bail reform.

Jay Ruais, the sole Republican running against Democrats Kevin Cavanaugh, Will Stewart, and June Trisciani, called their silence “unconscionable.”

“Our police and our city deserve better,” Ruais said Tuesday, pledging to “fight to fix our broken bail system to keep dangerous, violent and repeat criminals off our streets.” 

The city’s SWAT team responded to a report of a fight last week to find a man suffering a gunshot wound to his leg. In short order, Brandon Middaugh, 32, and Justin Middaugh, 30, were both arrested, charged with simple assault, and released.

“It’s the same story every day in Manchester. A police officer heroically does their job, and the offender is back out on the streets before the ink is dry on their paperwork,” Ruais said. In a statement, his campaign said, “Ruais is the only candidate for mayor to call for significant reforms to our state’s current bail system. He is now calling on the rest of the candidates to join him in demanding a fix to this problem.”

His Democratic opponents have stayed silent.

All three — Stewart, Cavanaugh, and Trisciani — refused to respond to NHJournal’s request for comment or explain their stance on bail reform. All three are elected members of the city’s Board of Aldermen. The three are devoting the remaining days before the Sept. 19 primary canvassing and talking up issues like housing, homelessness, and the arts for Stewart, reproductive rights for Trisciani, and organized labor for Cavanaugh.

Ruais said their silence on crime and bail reform simply isn’t good enough.

“I urge the voters of Manchester to hold our elected official’s feet to the fire and demand an answer to this question. Will they support the status quo, or will they fight for our city’s safety?” Ruais said. “I am the only candidate in this race who will deliver action and results to fix the public safety issues we are seeing on our streets and in our neighborhoods.

Between April and December of last year, Manchester Police arrested more than 700 people who were already out on bail. That included homeless man Richard Moore, 41, who allegedly stabbed and killed 75-year-old Daniel Whitmore last year. Moore was on bail for two separate violent incidents when he allegedly killed the elderly man. 

Even though Manchester Police statistics show a drop in all reported crimes from this time last year, Manchester residents have been experiencing an uptick in crime in recent months. Property crime reports were at 238 for July, the highest of the year so far. The most recent data available runs through the end of July.

The number of violent crimes reported has been lower on average for much of the year, about 31 incidents per month through April, but spiked to 50 in May. June and July saw 46 and 49 incidents, respectively.

There are other red flags in the data. There were just five homicides in Manchester in all of 2022. By the end of July this year, there have already been another five homicides.

Reports of drug crimes totaled 538 for the year through the end of July, slightly higher than the same period in 2022, which saw 516 reports.

Two men arrested for their alleged involvement in a Manchester shooting this week are back on the streets, thanks to New Hampshire’s PR bail system. 

A PR bond, or personal recognizance bond, is a type of bail bond that allows a defendant to be released from custody without paying any money upfront. Instead, the defendant must promise to appear in court for all scheduled appearances. The defendant’s word is essentially their bail bond.

It is another example of the failed bail reform that is making cities like Manchester unsafe because violent criminals aren’t going to jail, said Jay Ruais, the sole Republican candidate for mayor.

“This incident highlights the massive problem Manchester is facing right now. Every day, our police officers heroically perform their duty, and before the ink is dry on the paperwork, violent offenders are released back out onto our streets.” Ruais said. “The status quo in the city of Manchester cannot, and must not continue. This makes our city less safe and creates a system that encourages criminal activity and behavior.”

Brandon Middaugh, 32, and Justin Middaugh, 30, were arrested this week after an Ash Street shooting sent a man to the hospital. A Police SWAT team responded to a report of a fight, and officers found a man with a gunshot wound in his leg outside.

Brandon Middaugh

Justin Middaugh

The Middaughs were both later charged with simple assault and released. Justin Middaugh’s criminal history includes leading police on a high-speed chase and fighting with officers who eventually arrested him for drunk driving. 

Last year in Manchester, 75-year-old Daniel Whitmore was stabbed and killed by homeless man Raymond Moore, 40. Moore was out on bail for assault at the time of the stabbing.

And in June, a man threatened Dollar Tree employees with a box cutter during a shoplifting attempt. Manchester police arrested the man, who had recently been released on bail.

It is past time for the bail system to be fixed, Ruais said, vowing to fight to make sure that happens.

“For the safety and security of our city, the next mayor must fight to fix our broken bail system to keep criminals off our streets. I am the only candidate in the race demanding a fix to our broken bail system to keep dangerous criminals off our streets,” Ruais said. “Our jails cannot be a revolving door for violent criminals. It is past time for our city’s leadership to step up and fight for a fix to the broken bail system that is devastating Manchester families and businesses.”

Ruais is the only candidate running for mayor who has made bail reform a major campaign issue. Democrats like Will Stewart and June Trisciani have been focusing on issues like housing and education and largely avoided talking about bail reform at the recent mayoral candidate forum. 

Democrat Kevin Cavanaugh, who supported the 2018 bail reform bill that critics like Ruais say has failed, blamed Republicans in Concord for not fixing the problem.

“We have to get violent people off the street,” Cavanaugh said at the forum. “The Republicans have the power in Concord to do that, and for the past two years, they wouldn’t do it.”

Efforts to scale back the 2018 bail reform law were shot down this year by a coalition of Free State-aligned Republicans and progressive Democrats. The New Hampshire American Civil Liberties Union pushed hard against any proposal to keep criminals in jail.

The NH ACLU claims the 2018 bail reform has not made communities unsafe and has helped keep poor people from being treated unjustly.

“Until bail reform in 2018, thousands of Granite Staters were incarcerated pre-trial each year not because they were a danger to their community, but simply because they could not afford to pay their bail,” Frank Knaack, the NH ACLU’s policy director wrote. 

Manchester’s police are hamstrung when dealing with the twin crises of homelessness and addiction, thanks in part to a city ordinance that allows homeless people to camp on public property, according to mayoral candidate Jay Ruais.

The lone Republican in the race to replace Democrat Joyce Craig, Ruais is backing an effort to change the city ordinance prohibiting camping on public property. Under ordinance 130.13, police cannot currently stop someone from setting up a tent on city property. That needs to change, Ruais said.

“We have a significant homelessness crisis in our city, and it is impacting the community at large. In order to make sure our businesses are thriving, and the quality of life for residents and visitors to Manchester is not threatened, we must give our police and first responders the proper tools to address this issue,” Ruais said.

Alderman At Large Joseph Kelly Levasseur is pushing a change to the ordinance to make it easier for police to keep people from sleeping on the streets. The ordinance currently prohibits the camps, but with a loophole: It allows homeless people to stay on the street if no shelter space is available.

Levasseur wants the Board of Aldermen to remove that exception, allowing police to enforce the camping prohibition. Camping on public property without a permit carries a possible $250 fine. Ruais said enforcing ordinances against camping is an important step toward addressing the city’s homeless problem.

“We must deal with this issue in a comprehensive way, one that includes enforcement of our ordinances, addressing the underlying causes of this crisis like addiction and mental health while increasing the availability of affordable housing. What we cannot do is govern in fear of lawsuits, and I support this proposed ordinance change,” Ruais said.

None of the Democrats running for mayor — Ward 1 Alderman Kevin Cavanaugh, Ward 2 Alderman Will Stewart, or Alderman At Large June Trisciani — responded to questions from NHJournal about whether they support closing the street camping loophole. 

Manchester has struggled for years with its homeless crisis. In 2021, the city had about 360 unsheltered people, according to the NH Coalition to End Homelessness annual report. According to city officials, that number has jumped to about 540 people this year.

Much of the homeless population lives in tents and shelters scattered throughout the city, leaving many residents feeling unsafe in their neighborhoods. Craig, who is seeking the Democratic nomination for governor, acknowledged this year that half of the city’s opioid overdose cases happen in homeless camps.

Last year, homeless man Richard Moore, 40, was arrested for fatally stabbing 75-year-old Daniel Whitmore, who was walking near his home, according to police reports. Whitmore lived close to a public rail trial where he reportedly enjoyed walking and which was close to another homeless camp.

After two people died in homeless camps last winter, and a woman was arrested for giving birth in a camp, Craig demanded the state step in to provide National Guard support to deal with the crisis, among other measures. The homeless mother charged with endangering her baby is Alexandra Eckersley, 27, daughter of Hall of Fame pitcher Dennis Eckersley.

Craig ordered some of the camps cleared this year in reaction to those events, moving about 40 people off the streets. Craig has been pushing a $1.4 million homeless center that will include 40 beds. 

The issue is expected to be front and center in the governor’s race next year if Craig defeats Executive Councilor Warmington for the Democratic nomination.

Asked recently about Craig’s candidacy, Gov. Chris Sununu replied, “Seriously, does anyone want the state of New Hampshire run like Manchester?”

Craig has attempted to blame Sununu and the state government for Manchester’s homeless problem.

“Manchester and communities across the state have been working to address the growing homelessness crisis for years, and mayors have repeatedly asked for the state to collaborate with us to find solutions,” Craig said in a May 2023 statement. “Our communities need a partner in Concord who understands that we can only solve this homelessness crisis if we all work together.”

New Hampshire is getting $5 million in federal funding for critical crime victim services as the needs across the state increase. 

“Without these funds, many of the services available to victims of crime would be reduced dramatically or cease to exist,” said Attorney General John Formella.

The Executive Council approved the funding, which allows the Department of Justice to make sure the victim service programs can continue helping Granite Staters in sometimes dire circumstances. 

“These approvals will allow the Department of Justice to continue to address the need for crime victim services across New Hampshire by sub-granting funds to the amazing organizations that provide these services throughout our state.”

New Hampshire uses the Victims of Crime Act (VOCA) grant to fund the needed services, but the VOCA has been losing its regular source of funding—fines paid by those convicted of federal crimes.

Fines are getting reduced at the federal level, and the United States Department of Justice3 is pursuing non-prosecution agreements with some people which has resulted in the money not getting deposited into VOCA.

According to Formella’s office, it is happening at the same time more people are becoming crime victims. Last year in New Hampshire, calls to domestic violence and sexual assault crisis lines increased by approximately 63 percent, and the need for emergency shelters for domestic violence victims increased by approximately 30 percent from 2019.

VOCA funds are used to support services for victims through direct service organizations such as domestic violence shelters, rape crisis centers, and child abuse treatment programs. In New Hampshire, more than 40 victim services organizations receive VOCA funds including the New Hampshire Coalition Against Domestic and Sexual Violence (NHCADSV) as well as the state’s 13 Crisis Centers, Court Appointed Special Advocates (CASA), Granite State Children’s Alliance (OSCA) and New Hampshire Legal Assistance (NHLA). VOCA funding is also used to fund advocates at the state’s County Attorney Offices, several Police Departments, Granite State Child Advocacy Centers, the Granite United Way, and Victims, Inc.

Some of these organizations would not be able to continue without the VOCA funding, the Attorney General’s Office said Wednesday.

The Gate City earned another recognition this week as WalletHub named Nashua the second safest city in the country, ranking it as the safest metropolitan area in New England and trailing only Irvine, Calif. 

And the Queen City also came in among the top 25 safest spots, yet another sign New Hampshire has largely avoided the national uptick in crime and violence.

The data analysts at WalletHub compared more than 180 cities across 42 key indicators of safety like assaults per capita, as well as the percentage of residents who are fully vaccinated, the unemployment rate, and road quality. The study also looked at the financial security afforded to residents in every community. Nashua ranked second on the financial end of the safety spectrum.

“Aside from the types of hazards that can cause bodily injury or other physical harm, taking out an unaffordable second mortgage, forgoing health insurance, or even visiting unsecured websites are also ways people run into danger. One of the biggest worries for many people right now is the cost of inflation, which reached a four-decade high this year and threatens Americans’ financial safety,” the study stated. “Some cities are simply better at protecting their residents from harm.”

Nashua beat out all the New England cities on the list, with the closest competition coming from Portland, Maine in fourth place, and Warwick, R.I. at fifth. Burlington, Vt. clocked in at eighth place, and Massachusetts did not get on the board until the 28th position with the city of Worcester. Boston is the least-safe New England metropolis, ranked at number 85.

San Bernardino, Calif., Fort Lauderdale, Fla., and St. Louis, Mo. are at the bottom according to WalletHub’s ranking.

Not that New Hampshire — and the cities of Nashua and Manchester in particular — don’t have challenges. The number of opioid overdoses in both has soared in the past year. According to Chris Stawasz, regional director of American Medical Response, overdoses and deaths from drugs like fentanyl have been outpacing last year. By the end of August, the total number of overdoses was 624, and deaths were up by 19 percent over last year.

Nashua recently came in 4th in the WalletHub study of best-run cities in America, with overall safety being one reason for the top marks. State Rep. Michael O’Brien (D-Nashua) said one key to Nashua’s success has been local leadership understanding what people in the city need from their government, including robust safety measures.

“We in Nashua understand the needs of the community, and we actively work hard to make the city a desirable city to live in,” O’Brien said.

Doug Babcock, an adjunct instructor at Saint Michael’s College, told WalletHub that a transparent police department that has strong ties to the community is key to building a safe city.

“Police departments are a crucial pillar of our communities and the relationship of trust goes both ways,” Babcock said. “Departments need to be transparent and strive to represent the makeup of the community they serve. To do that, though, people from throughout the community must be willing and able to serve in the role.”

The Nashua Police Department is nationally accredited by the Commission on Accreditation for Law Enforcement Agencies, or CALEA, and s considered a flagship department by CALEA for its work to meet nationally recognized standards for community policing.

Changing New Hampshire’s bail reform system, which critics say allows dangerous criminals to walk free, is a top priority for both Republican Gov. Chris Sununu and his Democratic challenger, state Sen. Tom Sherman, D-Rye. 

“There should be outrage and appetite for change,” Sununu told WMUR’s Adam Sexton this weekend.

Sununu signed a bail reform bill in his first term after being assured it would balance public safety and the goal of avoiding putting non-violent offenders in jail for minor offenses. Instead, critics say, serious criminals are being released and reoffending.

“I signed it because it had the support of law enforcement,” Sununu said. “I said ‘Will this work?’ Everyone believed it would be OK, so we signed it. But we all see what was happening.”

Sununu was referencing the August murder of an elderly Manchester man by a suspect who had been arrested twice in the weeks leading up to the stabbing.

Manchester resident Daniel Whitmore, 75, was found with multiple stab wounds on a walking trail near Bradley Street in August. The suspect in the murder, homeless man Raymond Moore, 40, had been arrested twice last summer. Once in July in Nashua for resisting arrest and disorderly conduct, and again in August for another apparent stabbing incident. He was released from custody, and without bail, in both cases.

Manchester’s Democratic Mayor Joyce Craig took to Twitter to decry the state’s lenient bail system.

“Our criminal justice system cannot continue releasing violent offenders back onto our streets. I, once again, urge our legislators to act quickly and address this issue. The safety of our residents is at stake,” Craig said.

During his own WMUR appearance last weekend, Sherman also voiced support for changing New Hampshire’s bail laws to keep violent suspects locked up.

“Do I support rebalancing bail reform? Absolutely. Do I support protecting people from violent criminals? I always have,” Sherman said.

Sherman and Sununu supported the effort this year to change bail laws, but that proposal died in the legislature when the House voted it down. The bill lost support largely from Democratic members. Sherman said too many people did not seem to understand how the bill would work.

“The solution is we have to recognize — whatever we do for bail reform, we have to make sure the system will support it,” Sherman said. “That was the problem. The system did not support, with adequate scrutiny, who was being released and who was not.”

Sununu blames the left, especially progressive organizations like New Hampshire’s ACLU, for blocking the bail reform effort.

“You have the ACLU, these extreme left-wing groups that say they do not want to change anything,” Sununu said. “You have individuals that get arrested, they are getting out before the cop that arrested them has done the paperwork. It is messed up,” Sununu said.

New Hampshire’s ACLU claims the bail laws allowing more people to be released from custody has made New Hampshire safer. They say instead of finding ways to keep more violent suspects locked up, the legsilators should fund more community needs.

“Lawmakers should focus our limited tax dollars on investments that will actually make our communities safer and more just, like housing, transportation, and mental health and substance use treatment,” the ACLU stated earlier this year. “Pretrial detention has a devastating human toll. Even for a short period of time, it increases the likelihood of innocent people pleading guilty to a crime, loss of employment, income, and housing, and traumatic family disruption.”

The conservative Americans for Prosperity also opposed this year’s bail reform efforts, but it does support changes to the law. Ross Connolly, AFP’s deputy state director, said the organization wants to see bail commissioners replaced with magistrate judges when it comes to deciding who can be released and who needs to stay locked up.

“Pre-trial detention is a balance between public safety and the presumption of innocence,” Connolly said. “We understand the concerns with bail, and there is a way to address the issue without throwing out individual rights. Replacing bail commissioners with a magistrate system is a fix that all sides can get behind.  A magistrate system will improve public safety, will pass the legislature, and will cost Granite State taxpayers less than other proposals.” 

In a rebuke to progressive activists and the Black Lives Matter organization, 64 House Democrats broke with their party to back a GOP measure tightening bail restrictions. The bill is designed to repair the 2018 bail reform bill passed with a bipartisan majority and signed with much fanfare by GOP Gov. Chris Sununu.

Since then, the politics of the crime issue have changed, as Democrats have fled from the “Defund the Police” and decarceration policies their party once touted.

The rollback bill, HB 1476, limits the ability to release repeat offenders on “personal recognizance,” and requires more offenders to face a judge instead of a bail commissioner. It also cuts the maximum time an arrestee can be held without seeing a judge from 72 hours to 36. 

The bill passed the House in 199-134 vote. Republicans were 135-40 in favor, while Democrats split 64-92 against.

Bill sponsor Rep. Ross Berry (R-Manchester) said the legislation leaves much of the 2018 bail reform in place while addressing the issue of repeat offenders who commit crimes while free on bail.

“This is the culmination of bipartisan effort over the last six months to address bail reform,” Berry said before Tuesday’s vote.

Crime rates across the U.S. have surged over the past two years and, while New Hampshire remains the safest state in the country, there has been an uptick in crime here, particularly in cities. Property crime in Manchester has gone up 10 percent in the past year, for example, and even Democratic Mayor Joyce Craig was on board with reforming the reform.

Craig has told NHPR repeat offenders and violent suspects should not get released on personal recognizance bail.

“However, those causing risk to our community and violent offenders should have bail restrictions imposed and should not be released on PR bail,” Craig said.

“I don’t always agree with my mayor, but we agree on this,” Berry said. “Manchester is done waiting.”

Opponents of the bill fell into two groups: Libertarian-leaning Republicans who want to limit government power as part of their ideology; and progressive Democrats who argued New Hampshire’s racist system unfairly punishes people of color.

Rep. Andrew Bouldin (D-Manchester) said changing bail reform would hurt drug addicts, homeless people, the poor, and minorities. He said amending the 2018 bill to hold repeat offenders would return the state to a system where the wealthy pay to get out of jail and the poor are stuck there.

Rep. Linda Harriott-Gathright (D-Nashua) repeated claims from Black Lives Matter leaders Ronelle Tshiela and Clifton West that police in New Hampshire are racist. According to Harriott-Gathright, changing the bail reform will lead to discrimination and mass incarceration.

“New Hampshire’s criminal laws are enforced with a staggering racial bias,” she said.

Crime data show Black Americans are arrested at approximately the same rate as the crime they commit.

In the past, Democratic leadership would be expected to “whip” the votes and keep more of their members in line. But with the passing of Minority Leader Renny Cushing, Democrats are left with Acting Minority Leader David Cote (D-Nashua), who has yet to attend a House session since COVID-19 struck and hasn’t cast a vote since 2020.

With no-show leadership, the notoriously unified Democratic caucus collapsed into factions.

Outspoken House progressives like Reps. Sue Mullen (D-Bedford), Manny Espitia (D-Nashua), and Tony Labranche (I-Amherst) voted against the bill. Traditional liberals like Rep. Casey Conley (D-Dover) and Peter Leishman (D-Peterborough) voted with the GOP.

Conley argued the issue of repeat offenders needs to be addressed. “It’s not just a Manchester problem,” he said.

Rep. Patrick Long (D-Manchester) backed the bill, saying he hears from too many residents who are getting their cars and homes broken into by the same people.

“I get the police reports and the same people are being arrested again for the same crime,” he said.

One notorious case involves Nashua resident Jency Diaz, who in December of 2020 was released on bail after a domestic violence arrest and then proceeded to return to his apartment and “punched, slapped, head-butted and whipped” the victim, leaving her with a broken nose.

Activists rejected those arguments.

“This is a harmful step that would disproportionately impact and harm Black people in New Hampshire,” the ACLU-NH said after the vote.

And Tshiela had this ominous warning for Democrats who broke ranks: “I do want to remind those who voted in favor of this bill that only supporting racial justice when it’s politically expedient does not fare too well when people remember where you stood in times like this.”

On the libertarian side, Americans for Prosperity-New Hampshire opposes the bill, claiming it “disregards our fundamental legal framework and ignores defendants’ rights, creates confusion with conflicting language, and would result in more backlog for our already strained judicial system.”

The bill passed by the House on Tuesday isn’t the only proposed change. A similar bill sponsored by Sen. Jeb Bradley (R-Wolfeboro) recently passed the Senate with a 20-4 majority. Sununu, who signed the original bail reform bill in 2018, backs the changes saying there are too many unintended consequences from the first reform.

In this double-barreled edition of the New Hampshire Journal podcast, Dr. Jay Kennedy of Michigan State talks about how the surge of ‘smash-and-grab’ robberies and mass shoplifting events are actually being fueled by shoppers like you.

Kennedy, who is part of the USA-IT effort to fight organized retail crime and the black market economy, says criminal gangs are using theft and counterfeits to fill orders from unsuspecting shoppers on the internet.

And Brandon Arnold of the National Taxpayers Union breaks down the Build Back Better bill and why, he says, it’s a legislative nightmare. Drew Cline of the Josiah Bartlett Center joins in to talk BBB math, budgets and the “I” word.

Hosted by Michael Graham.