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CONCORD, NH — An early morning chance encounter with a car with New York plates in a Penacook park led to a multi-month investigation on child sexual assault charges against a man from Manchester.
Around 12:45 a.m. on Nov. 25, 2023, an officer patrolling the area of Rolfe Park in Penacook spotted a Nissan with a New York registration near the baseball fields. Since the park was known for criminal activity at that time of the morning and closed at 11 p.m., the officer went to the vehicle to see if anyone was inside. The officer found a couple in the backseat in various stages of undress, attempting to put their clothes on. The man was identified as Francois Niyibigira, 27, of Cedar Street in Manchester, while the female was a 15-year-old girl.
The officer spoke with the girl about how she met the man and what was happening. The girl told the officer she met him on Snapchat, he was fondling her, and she was fondling him, as he requested, an affidavit stated. Niyibigira was accused of admitting he was speaking with the girl via iMessage and showed the officer messages between them dating back to Oct. 7, 2023, the report said. In the detective’s report, they noted a signed consent to search form filled out for Niyibigira’s cellphone.
On Dec. 15, 2023, the girl was interviewed at the Merrimack County Child Advocacy Center, where she spoke about meeting “a boy” online known as “Frenchy,” the detective wrote. Later, the report said they exchanged cellphone numbers and were texting. The girl said she informed Niyibigira she was 15 and they performed different sex acts during three encounters.
The girl said the first encounter, unprotected intercourse in her home, occurred when her parents were out of town in early October 2023 on the Concord Heights, the report said. A second encounter occurred in the parking lot of the Lamplighter Plaza on Loudon Road, an affidavit stated. The third encounter occurred in Penacook at Rolfe Park, the report said.
The detective met with one of the girl’s parents in late December 2023 to determine the exact dates of the first two encounters, the report said. They learned that in early October, the parents were not home. The parent also revealed to the detective their daughter was diagnosed with chlamydia during a recent medical examination in mid-December 2023, the affidavit stated.
A second detective extracted data from Niyibigira’s cellphone and found iMessages between him and the girl, the report stated.
During one message, Niyibigira was accused of suggesting he would bring alcohol to the girl and smoke marijuana. After the girl told him she was taking a shower, he was accused of requesting she “Snap in the shower,” to which she replied, “I didd (sic).” The detective wrote, “Based on this exchange, it is apparent Niyibigira was requesting that (the girl) send him a nude photo during or after her shower.”
The detective wrote the early October 2023 back and forth between the two concerned when he would be arriving at her home.
In mid-October 2023, another message appeared to show Niyibigira’s anger with the girl when she would not meet up with him, the report stated.
“Im (sic) here,” the text message stated in the report. “F— you, dumb b—–, Im (sic) outta here.”
The next day, the girl replied back, “My mom took my phone.”
In early November 2023, Niyibigira attempted to acquire the girl’s new address in Penacook and suggested he stop by when her parents were asleep or that she could sneak out, the report stated.
On Nov. 9, 2023, Niyibigira requested they “link” up because he was “bored,” the detective wrote, adding, “I know through my training and experience that the term ‘link’ is commonly used to refer to an intimate partner or a person you are ‘linked’ with for sexual reasons.” The girl replied he only wanted to “link” when he was bored, the report stated. The girl also “appeared to be very adamant that she did not want to see Francois, but his requests continued for her address to ‘link’ with her,” the affidavit said.
Another message, in late November 2023, described their meeting plans before the officer checked out the vehicle at Rolfe Park, the report stated. Niyibigira was accused of picking the girl up around 12:30 a.m. An audio message from Niyibigira demanded the girl “get on Facetime” so he could find her since “there’s f—— mad cops round here bro (and) I’m not standing in front of someone’s yard. I’m not doing that,” the affidavit stated.
The detective said there were “numerous examples” Niyibigira was aware the girl lived at home, that her mother confiscated her phone, and worked to line up in-person meetings late at night to avoid detection by her parents, the report stated. A photo was also found on the cellphone which appeared to a nude female in a bedroom, which appeared to be the girl, but no breasts or genitalia were visible, the detective stated.
On Jan. 8, a search warrant was requested for Niyibigira’s Snapchat accounts as well as the girl’s. They were connected on both accounts, the detective wrote.
A warrant was issued on Feb. 8 and Niyibigira was arrested on Feb. 15 on certain uses of computer services prohibited, indecent exposure-sex act with a child under 16, and two felonious sexual assault-penetration-victim 13 to 15 charges, all felonies, as well as a sexual assault misdemeanor charge.
According to superior court records and posts online, Niyibigira was accused of felony riot in Durham in September 2016 when he was 20. After six months of court dates, the charge was nolle prossed. He was also arrested on a disorderly conduct charge in September 2016 in Durham, according to Foster’s Daily Democrat.
In February 2021, Niyibigira was accused of conspiracy to commit felony falsifying physical evidence in Manchester. In March 2021, he was charged with two more evidence felonies. He was indicted on the first charge 14 months later while a grand jury indicted him the second set of charges in July and October 2021. After 10 months of hearings, the first charge was nolle prossed. The other two charges were nolle prossed two months later.
New Hampshire State Police also arrested Niyibigira on a reckless operation charge in Londonderry on Jan. 21.
Do you have a news tip? Please email it to tony.schinella@patch.com. View videos on Tony Schinella’s YouTube.com channel or Rumble.com channel. Follow the NH politics Twitter account @NHPatchPolitics for all our campaign coverage.
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New Hampshire’s employment law landscape heading into 2026 may not be dramatically different from last year, but the real risks lie in implementation missteps. From the initial setting of wages, to calculating and distributing wages, employers will likely find a specific statute and/or labor regulation governing the transaction. Failure to follow these detailed wage and hour laws can result in significant back wages and other penalties being imposed by the state or federal Department of Labor following an audit. Fortunately, however, this area of employment law is relatively easy to master, once you are familiar with the basics.
Notice compliance
One of the most common pitfalls for employers in New Hampshire is misunderstanding the wage and hour notice requirements under RSA 275 and the related New Hampshire Department of Labor Administrative Rules.
At the time of hire, employers must notify employees in writing of their rate of pay and the day and place of payment. This notice is traditionally delivered to employees by way of an offer letter or some sort of “New Hire Rate of Pay” form. (A sample form is available from the New Hampshire Department of Labor website.) What surprises most employers, however, is that Lab. 803.03(f)(6) also requires employers to request and obtain their employees’ signatures on this written notification of wages, and employers must keep a copy of the signed written notification of wages on file. Further, employers must notify employees in writing during the course of employment of any changes to wages or day of pay prior to such changes taking effect, and the employer must obtain the employee’s signature on this subsequent notification as well. (See RSA 275:49; Lab. 803.03.)
Employers are further required to notify employees in writing, or through a posted notice maintained in a place accessible to employees, of:
• employment practices and policies with regard to vacation pay, sick leave and other fringe benefits.
• deductions made from the employee’s payroll check, for each period such deductions are made.
• information regarding the deductions allowed from wage payments under state law. (RSA 275:49; Lab. 803.03.)
Policies regarding vacation and sick leave should inform employees whether or not the employer will “cash out” unused time at year end or at the end of employment, and if so, under what terms. Again, if any changes are made to vacation pay, sick leave and other fringe benefits during the course of employment (all of which are considered “wages” under New Hampshire law), employers must request and obtain their employees’ signatures on the written notification of the change, and must keep a copy of the signed form on file. (Lab. 803.03.) Importantly, notification by way of pay stub alone is not sufficient, and, these requirements apply to both increases and decreases in pay.
Two-hour minimum (reporting pay)
Another frequently overlooked obligation is New Hampshire’s two-hour minimum reporting pay requirement. Under RSA 275:43-a, non-exempt employees who report to work but are sent home early must generally be paid for at least two hours. Weather-related closures, client cancellations or operational slowdown days can trigger this rule. Employers should also note that the New Hampshire Department of Labor currently applies this law to remote-based employees. Consequently, employees who “report to work” at an employer’s request from a home office may likewise have a right to two hours of pay, depending on the circumstances.
Salaried vs. hourly employees
Misclassification of employees as exempt from overtime remains a significant source of compliance exposure. The position’s job duties — not the titles or label such as “salaried” — determine whether an employee qualifies for an overtime exemption.
Employers, particularly in nonprofits, health care and small businesses, unintentionally misapply exempt classifications to roles such as administrative staff, office managers, executive assistants, program coordinators or hybrid jobs that involve significant non-exempt tasks. Over time, as organizational needs evolve and employees take on broader responsibilities, job duties can drift outside of an exemption’s scope.
Best practice is to periodically review job descriptions and actual job duties to ensure continued compliance with exemption criteria, particularly following any significant restructuring or job redesigns.
Peg O’Brien is chair of McLane Middleton’s Employment Law Practice Group. She can be reached at margaret.o’brien@mclane.com.
Local News
A new photo has been released of the victim in a nearly 30-year-long unsolved murder case, in the hope of finding any new potential witnesses in the cold case, New Hampshire officials said.
“Our family wants to know what happened, who did this and why,” the family of Rosalie Miller said in a press release. “We miss her and want to give her peace.”
Miller was last seen on December 8, 1996 at her apartment in Manchester. At the time of her disappearance, Miller had plans on meeting friends in the Auburn, New Hampshire area, officials said.
Her body was found on January 20, 1997 in a partially wooded spot on a residential lot along the Londonderry Turnpike in Auburn, officials said in the release.
The autopsy report declared Miller’s death a homicide by asphyxiation due to ligature strangulation, N.H. officials wrote.
As part of a new effort to garner public help with the case, an “uncirculated” photo of Miller, 36, is being distributed “in hopes it may jog the memory of someone who saw or spoke with her in the winter of 1996,” Attorney General John M. Formella and New Hampshire State Police Colonel Mark B. Hall announced on behalf of the New Hampshire Cold Case Unit in a joint press release.
Investigators are especially hoping to talk to anyone who was in contact with Miller in December of 1996 or anyone “who may have seen her in the vicinity of the Londonderry Turnpike in Auburn during that time,” officials said in the release.
“We are releasing this new photograph today because we believe someone out there has information, perhaps a detail they thought was insignificant at the time, that could be the key to solving this case and bringing justice for Rosalie and those who loved her,” Senior Assistant Attorney General R. Christopher Knowles, New Hampshire Cold Case Unit Chief said in the release.
The New Hampshire Cold Case Unit encourages anyone with any amount of information to contact the group at [email protected] or (603) 271-2663.
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