Alleged Concord Prowler with Lengthy Criminal History Tased Outside of Apartment Building

CONCORD, NH — A local man was arrested and held after a noise complaint at a local apartment building led to vandalism, assault, and other charges being issued against him, according to police. Derek J. Benwell, 29, of Old Suncook Road in Concord, was arrested at 9:50 p.m. on Nov. 17, 2016, and charged with prowling, criminal mischief, simple assault on a police officer, and resisting arrest or detention.

Editor’s note: This post was derived from information supplied by the Concord Police Department and Concord District Court. It does not indicate a conviction. This link explains the name removal request process for NH Patch police reports.

At just after 8 p.m. on the date in question, an officer and a detective were sent to Building 3 of 19 Old Suncook Road for a report of a noise complaint. When they arrived, they didn’t hear any noise so they went to speak to the person that filed the complaint and knocked on their apartment door. While waiting for an answer, they reportedly heard “a stirring” in the bushes just to the east of the building.

“I shined my flashlight at the bushes and observed a white male walk quickly from the bushes toward us,” the detective stated in a court affidavit. “Based on my training and experience as a drug recognition expert, the male appeared to be under the influence of drugs.”

The man, the detective alleged, had dilated pupils and was not responding to the flashlight. He was also allegedly speaking “very rapidly” and was “argumentative.” The man reportedly was not clear about why he was hiding in the bushes or even in the city of Concord.

“He gave a false name when identifying himself,” the detective alleged. “He tried several times to walk away from us and I told him that he was detained.”

The name he gave reportedly came back without any information on file and they requested identification from him. He allegedly walked away and the detective attempted to place him under arrest.

“He pulled away and we fought with him for some period of time,” the detective alleged.

The man – later identified as Benwell – was brought to the ground but he allegedly refused to comply, attempting to free himself. The detective alleged that Benwell continued to struggle so he was brought back down to the ground again and a fight between all involved continued, with Benwell allegedly raking his hand across the face and eyes of the officer. Benwell was reportedly then Tased but it had no effect on him and he allegedly fled into Building 3.

During the struggle, the detective noted, an officer’s pants were ripped.

Police later found Benwell hiding out in an apartment that was occupied by a relative who alleged that he had “been struggling with drug addiction and been to a few rehabilitation facilities recently,” according to the affidavit.

“Mr. Benwell later stated in booking that he has been using multiple drugs in amounts that would kill any normal person,” the detective alleged.

They allegedly found Benwell to be in possession of a syringe that was in his jacket pocket. He was also out on parole and allegedly failed multiple drug tests so he was held.

According to reports on Patch and other news outlets, Benwell has a long criminal history – more than 17 pages of incidents – according to a Hillsborough County prosecutor earlier this year. During the past three years, he has been arrested numerous times in Concord and surrounding communities.

In January 2013, he was arrested on numerous theft counts after allegedly stealing more than $5,500 worth of tires and other items from Stratham Tire on Manchester Street. In September, he was arrested on a drug charge in Concord and on a warrant in Franklin. Last year, the New Hampshire Union Leader noted, he was arraigned on a narcotics charge after reportedly relapsing after more than a year in treatment.