Lebanon shooting trial put on hold, AG’s office now involved

Valley News Staff Writer
Published: 1/14/2020 9:49:05 PM
Modified: 1/14/2020 9:48:16 PM

NORTH HAVERHILL — The trial of a 23-year-old Lebanon man accused of a drive-by shooting that injured a visiting student near the Dartmouth Green was postponed after attorneys held a closed-door hearing Tuesday with the judge in the case.

And, according to a case summary, the New Hampshire Attorney General’s Office is now involved in the proceedings.

The decision by Grafton Superior Court Judge Lawrence MacLeod to continue the trial until “no sooner than March 2020” came the same day a panel of 14 jurors was scheduled to hear opening statements in the North Haverhill courthouse. Gage Young is facing two counts of assault and falsifying evidence in the Nov. 2, 2018, shooting.

A jury was selected a week ago, but instead of starting the trial, Grafton County Assistant Attorney Mariana Pastore and defense attorney Richard Guerriero met with MacLeod in a hearing that was closed to the public for at least an hour Tuesday morning. Grafton County Attorney Marcie Hornick declined to say why the hearing was held in a closed-door session.

Under MacLeod’s ruling, a new jury will be picked when the trial is held.

Hornick and Guerriero both declined to say why the judge agreed to push back the case or what was discussed during the hearing, but the delay comes after several documents were filed in the case over the past three days.

On Monday, the New Hampshire Attorney General’s Office filed a sealed, 114-page ex parte submission, according to a case summary. An ex parte submission is a document that’s filed in a case without the opposing party’s knowledge. The Attorney General’s Office has not been involved in the case previously.

Kate Spiner, a spokeswoman for the Attorney General’s Office, declined to comment on the submission or why the office is involved, but she said in an email Tuesday that the case is still being prosecuted by the Grafton County Attorney’s Office.

Prosecutors also filed motions Sunday — five days after jury selection — to admit further evidence at the upcoming trial, though they were not discussed at the hearing Monday, according to Clerk of Courts Dave Carlson. He added that a hearing is scheduled on Thursday to go over the motions to admit evidence.

According to prosecutors, Young fired a single shot from a passing car on School Street in Hanover in late 2018, hitting and injuring Providence College student Thomas Elliott, who was visiting a friend at Dartmouth College.

Young also is accused of “clearing” the gun he used in the shooting by firing a shot near Allard’s Furniture in West Lebanon shortly after the incident, according to prosecutors. Young has pleaded not guilty, and Guerriero has argued that it was 17-year-old Hector Correa, who was in the car with Young at the time, who fired the shot in Hanover. Prosecutors consolidated the Hanover and Lebanon charges in June.

In three of the motions filed Sunday, prosecutors sought to admit body camera footage from the Lebanon police officers who arrested Young and Correa on Oak Ridge Road, near Young’s home shortly after the shooting. The footage showed officers following Young’s car in a high-speed chase, conducting a felony traffic stop and questioning the two suspects.

One of those motions includes a transcript of the conversation between Young and police, during which police refer to Young as “Dave’s kid.” Much of the questioning, including that line, is crossed out but is still legible in the motion.

Gage Young is the son of David Young, a former Lebanon police officer.

Another motion prosecutors filed Sunday focused on an extended 30-round magazine that was found in the car after the shooting with one bullet missing, as well as a photo of Correa, taken 10 minutes before the shooting, which showed him “brandishing a handgun with an extended clip magazine,” the motion said.

Prosecutors argued that, because the magazine was found in the car, and the photo was taken just before the shooting, it is “more probable that the bullet that entered the victim’s back came from the extended clip magazine,” and that both items should be admitted into evidence.

Correa was not on the final witness list for the trial.

Elliott has recovered and is expected to testify at the trial.

Anna Merriman can be reached at amerriman@ vnews.com or 603-727-3216.

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