Former sheriff Mark Brave indicted on additional felony and misdemeanor charges – The Boston Globe

A former sheriff of Strafford County, N.H., already facing felony charges for his alleged misuse of public funds and botched cover-up has been slapped with new criminal charges as prosecutors turn up the pressure amid stalled plea negotiations.

Mark A. Brave, 39, resigned late last year and was indicted on eight felony counts of theft, falsifying physical evidence, and perjury. The original indictment accused him of spending $19,000 on personal travel and meet-ups with romantic partners, filing false documents for reimbursement, and lying to a grand jury.

The new indictment, returned by a grand jury in Rockingham County, adds two more felony counts of perjury, two misdemeanor counts of false swearing, and one misdemeanor count of unsworn falsification, the New Hampshire Department of Justice announced Wednesday.

While this five-count indictment is new, its allegations date back to October 2023 when Brave told the court he was residing with his soon-to-be ex-wife in Dover, N.H. Prosecutors said in November he was actually living in Tewksbury, Mass., in violation of his bail conditions and the residency requirement for his job as sheriff. (He now has the court’s permission to live out of state while awaiting trial.)

The perjury charges are based on allegations that Brave gave the court a false residential address while under oath and made false statements on the form he filled out to request a court-appointed attorney, according to court records.

Brave said last fall that he couldn’t afford to hire his own attorney, so a judge briefly appointed one for him. But prosecutors said they learned Brave had paid more than $53,000 up front for a 12-month lease shortly before asking for a lawyer at taxpayer expense. Brave then had to hire his own defense attorney.

Brave and his attorney, Leif A. Becker, negotiated with prosecutors unsuccessfully over a possible plea deal. It’s unclear what the terms of any potential deal might entail. Details from a private mediation process with a retired judge are sealed. One thing is clear: No deal was reached.

Becker said in a text message Wednesday the new charges are not a surprise.

”That being said we are still hopeful that this case resolves without the need for a trial at the taxpayers expense,” he said, noting the parties have tentatively picked trial dates for early next year.

Prosecutors gave signs they could pursue this additional indictment. Assistant Attorney General Joe M. Fincham II told the judge in open court last month that more charges were possible.

An arraignment on the new charges is slated for Nov. 27, according to court records.

The perjury charges in the original indictment allege Brave lied about several situations in 2022 and 2023, including trips he took to Florida, Maryland, and Boston.

Brave initially said a male deputy had joined him on the trip to Florida, but investigators determined a female employee had traveled with him and shared a hotel room, according to court records.

Brave told the Globe their trip to Fort Lauderdale was for “work-related research” for a new job title he planned to create. By his own account, however, the research was haphazard and cost-ineffective.

For the Maryland trip, Brave is accused of lying about a meeting he supposedly scheduled with Representative Chris Pappas, a Manchester Democrat. Brave said the meeting was canceled at the last minute, but the congressman’s office said it had no record of any meeting ever being on the calendar, according to court records. Prosecutors allege Brave actually met up with a paramour on that trip.

For the Boston trip, Brave claimed he had purchased two dinner cruise tickets for himself and the same male deputy who had supposedly joined him in Florida, but investigators concluded he celebrated the birthday of a romantic interest who then stayed at a hotel with him.

When the allegations first became public, Brave resisted calls to step aside, but he placed himself on paid administrative leave after fellow officials gave him an ultimatum to do so or be ousted.

The most serious charge in the indictment, theft by deception, is a Class A felony punishable by up to 15 years in prison. The other felony charges are Class B felonies punishable by up to seven years in prison.

Brave’s dishonesty has gotten him into trouble unrelated to his pending criminal prosecution.

An investigation by The Boston Globe revealed in September 2023 that Brave had exaggerated the length of his law enforcement experience and falsely claimed to hold two college degrees when he had none. He insisted at the time that he hadn’t intended to deceive anyone.

An investigation commissioned by Strafford County officials found reason to question Brave’s candor concerning the circumstances of his wife’s drunken driving arrest in December 2022. Some officials said he led them to believe he was at home when, in fact, he was by her side and too drunk to drive himself home.

Brave, a Democrat who was elected the first Black sheriff in New Hampshire history in 2020, has maintained his innocence, contending that state and county officials have carried out a racist and politically motivated plot against him.

Fellow Democrats dispute that claim.

George M. Maglaras, who chairs Strafford County’s three-member board of commissioners, said he had previously supported Brave’s candidacy, and the allegations have nothing to do with his race.

“He fooled a lot of people, including myself,” Maglaras said.

Brave’s successor, Joseph T. McGivern, who had served as his chief deputy, stepped in as acting sheriff then was appointed sheriff in March. McGivern will hold that title until his 70th birthday on Oct. 24, when he will become constitutionally ineligible because of his age.

Voters will pick McGivern’s successor, either Democrat Kathryn Mone or Republican Scott Tingle, in the Nov. 5 election.

Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.