South End Shooter Escapes Felony Firearm, First-Degree Assault Convictions, Receives Suspended Sentences

CONCORD, NH — A man from the South End who shot another man in February pleaded guilty to lesser charges earlier this month.

David Anziani, 38, of South State Street in Concord, was originally charged with first-degree assault with a firearm, felonious use of a firearm, and reckless conduct charges after shooting a man in the leg inside an apartment on South State Street on Feb. 21. On Aug. 17, he pleaded guilty to misdemeanor simple assault and reckless conduct charges.

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Around 2 p.m., police were sent to the South End for a report of a shooting after witnesses walking by a South State Street apartment heard an argument and then a gunshot about 20 minutes before. A second caller, who lived nearby, also called police. The witnesses reported hearing someone scream, "Hey, somebody help me," as well as pounding and "humping" noises "like somebody was wrestling."

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A fourth witness reported Anziani was angry with the victim, a 34-year-old man, for making too much noise. She confirmed noise from another apartment was bothering Anziani but did not hear any overt threats, police noted. She saw Anziani get his gun to shoot the victim, a report said.

The victim was taken to the hospital by Concord fire and rescue teams.

Anziani was detained and said, according to an affidavit, "He choked me from behind. I grabbed my gun from the floor and let one rip."

News 603 posted video from the scene back in February on Facebook here:

And here:

An officer noted Anziani had red marks on his forehead and right cheek.

At the hospital, detectives interviewed the victim, who claimed Anziani was yelling at him while he was trying to clean his apartment. He accused Anziani of calling him a "f-----" and asked him, "What are you going to do about it?" The victim accused Anziani of threatening him and "got close to his face." The victim then accused Anziani of choking him and denied getting physical with him before being choked. The detectives noted the victim had scratch marks on his face.

The witnesses were also reinterviewed and a search warrant was requested for the apartment.

The case was boundover from Concord District Court to Merrimack County Superior Court on March 9. Anziani was held on preventive detention. In mid-May, he was indicted on the three charges, and a month later, he was arraigned.

A jury trial was scheduled for Sept. 8.

But on Aug. 12, Anziani agreed to plead guilty in a plea deal that changed the first-degree assault charge to a simple assault charge. The deal also dropped the felonious use of a firearm charge. The felony reckless conduct charge was lowered to a misdemeanor.

Five days later, Anziani received two 12-month jail sentences, one suspended for three years. For the other 12-month sentence, 187 days were suspended, and Anziani received 178 days of time-served credit, or 365 days, the full sentence. The 187 days are suspended for three years.

Anziani is back in superior court on Oct. 14 for a restitution hearing

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