Gunfire in the South End Leads to Felony Charges

A fugitive from Vermont on the lam for more than a decade and now living in the city was arrested two weeks ago after a night of drinking that led to alleged threats and rounds shot from a semi-automatic gun on Fayette Street.

Nicholas M. Ethier, 35, of Fayette Street in Concord, was arrested at 1:46 a.m. on Jan. 28, 2015, and charged felony fugitive from justice, felony in possession of a dangerous weapon, felony reckless conduct, and felony criminal threatening.

According to an arrest report and court documents, officers were called to a rooming house on Fayette Street for a report of gunshots fired, possibly from “an AK-47.”

The caller stated that he and a neighbor had returned home from drinking at Penuche’s in Bicentennial Square when his neighbor got upset and fired a gun at him a number of times. The man, later identified as Ethier, had left the area.

Police staged an area around the rooming house and then located Ethier walking north on Chesley Street near Fayette. He reportedly smelled like alcohol, had bloodshot, red, and glossy eyes, and appeared to be unsteady on his feet.

Dispatch, meanwhile, reported that Ethier was wanted by the Vermont State Police for nonappearance in court from February 2003 on felony charges of DWI, negligent operation grossly with injury, and leaving the scene of an accident, $7,500 cash bail. He also was previously convicted of reckless conduct with a motor vehicle in New Hampshire, according to the report.

Ethier was arrested and taken to police headquarters.

Police speak to witnesses

Other officers began speaking to witnesses. Two, the caller and a man Ethier knew who was also at the scene, were taken to police headquarters separately and interviewed by police in separate rooms about the incident. Officers also conducted a canvas of the building and the area and found a bullet hole in the door of the rooming house and a possible impact site on the exterior of the building. Officers also spoke to neighbors and other residents in the area, and no one reported any related injuries to the incident, according to the report.

A detective then met with the caller at police headquarters. The man, another resident at the rooming house, reportedly stated that he and Ethier had been at Penuche’s from about 11 p.m. until shortly before closing time when Ethier allegedly “became loud and confrontational with other patrons and staff.” When Ethier was told he had to leave, he allegedly punched a ventilation system. The two left and walked home.

While walking home, Ethier allegedly took a swing at the caller and he subdued him and tried to calm him down. When they got home, they separated and the caller went to get a mutual friend because he was “concerned for Nick’s condition.” The other man agreed to talk to Ethier and knocked on his door.

“(Ethier) opened the door holding a black gun in his hand,” the man alleged in the report. “(The man) stated that Nick pointed the gun directly at his face, so that he was looking down the barrel.”

Fearing for his safety, the caller backed away and Ethier allegedly screamed something along the lines of “I don’t want to deal with this motherf----- anymore!” The caller left the area but Ethier still saw him and again allegedly stated that he didn’t want to deal with him. The caller then exited the building and while he did that, he heard the gun going off. The man then called 911.

The detective then went to speak to the second man and he “recounted the same chain of events,” according to the report, including the alleged threats and the gun being fired in the area of the caller.

Finding the gun

An officer and the detective then went to speak to Ethier who reportedly waived his Miranda rights, did not appear to be intoxicated, and seemed “polite and articulate.” He reportedly confirmed that he had been drinking with his friend at Penuche’s but allegedly “insisted that nothing unusual happened afterwards.” Ethier allegedly denied having a firearm or shooting a gun noting that he was a convicted felon and was not allowed to have a weapon.

At this point in the questioning, it was approaching 5 a.m. and the detective realized that if Ethier had allegedly ditched the weapon outside of his home, a child might find it before going to school and be in danger of harming themselves with it.

The detective, according to the court affidavit, spoke to Ethier about the gun and his concerns. He stated that if it were in Ethier’s apartment, they would find it via a search warrant. But if it weren’t, he should let them know so that police could find it before someone else did.

“Nicholas then stated that the gun was in fact outside, sitting on Chesley Street in the snow,” the detective alleged, holding up a map to Ethier in order to get a better location. “Nicholas apologized and stated that he would not be able to live with himself if a child got hurt.”

The detective radioed officers to look in the area of Chesley and Thompson streets and they were able to find the loaded Tec 9 and a second magazine with live rounds in it on top of a snow bank.

Ethier was held without bail and arraigned later that day.

Editor’s Note: This story has been changed to more accurately reflect the weapon in question and that the description of the weapon was issued by witnesses. 

Editor’s note: This post was derived from information supplied by the Concord Police Department. It does not indicate a conviction. Click this link to find out how to get a name removed from a New Hampshire Patch police report.