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A New Hampshire woman is accused of violating the state’s Civil Rights Act four times after she allegedly shot at a man because he was Black, prosecutors said.
Diane Durgin, 67, of Weare, N.H. could face up to a $5,000 fine for each violation she is found to have committed, the office of New Hampshire Attorney General John Formella said in a press release Tuesday.
Durgin is also charged with criminal threatening against a person with a deadly weapon and attempted first degree assault with a deadly weapon, Michael Garrity, a media representative for the New Hampshire Attorney General, said in an emailed statement to Boston.com.
Durgin had a final pre-trial conference last week, Garrity said.
In a civil complaint filed Tuesday, Durgin is accused of threatening physical force against the victim, the AG said. Prosecutors asked the court to issue a preliminary injunction barring Durgin from repeating her alleged behavior and from contacting the victim and his family.
During the morning hours of Oct. 20, 2024, the victim claims, he “mistakenly” drove to Durgin’s home after a prearranged purchase of a truck part with a seller online, prosecutors wrote as part of their request for an injunction.
When the man — whom prosecutors identified in court documents as X.G. — arrived, Durgin allegedly stepped out of her home and approached his car with a gun “holstered by her waist,” prosecutors wrote.
Upon noticing that X.G. was Black, Durgin allegedly “removed her gun and pointed it at X.G.,” prosecutors said in the injunction request.
While X.G. explained that he was lost, Durgin called the victim a “Black mother[expletive],” and threatened to “kill him,” prosecutors allege.
As the victim attempted to drive away, Durgin allegedly took her gun and fired two shots at the fleeing man’s car, missing both times, the AG’s office said.
While on the phone with a dispatcher, Durgin allegedly said she shot the man’s car because the victim is Black, the AG said.
“The guy is Black. And he, he…he says he’s meeting someone here and I think he’s coming here to steal,” Durgin allegedly said.
Police located X.G. and brought him to the Weare Police Department, stopping along the way at the correct seller’s home to complete the truck part purchase, prosecutors wrote in court documents.
To prove a violation of the New Hampshire Civil Rights Act, the AG must show that Durgin “interfered or attempted to interfere with the rights of the victim to engage in lawful activities by threatening to engage in or actually engage in physical force or violence, when such actual or threatening conduct was motivated by race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability,” prosecutors said.
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The son of Cher is scheduled to be in court Wednesday for a hearing over allegations he broke into a New Hampshire home earlier this month.
It was the second arrest in a matter of days for Elijah Allman, 49, of Malibu, California, who was detained Feb. 27 after allegedly acting belligerently at a prestigious prep school in New Hampshire. It was unclear if Allman had any connection to either St. Paul’s School or the home in Windham, New Hampshire.
Allman remains in the Rockingham County Department of Corrections in what is called preventive detention, Superintendent Jonathan Banville said.
Allman, whose father was the late singer Gregg Allman, faces two counts of criminal mischief, one count of burglary and a count of breach of bail for breaking into the home on March 1. Police said in a report that Allman did not have permission to be at the home and forcibly entered it .
In the incident at the prep school, Allman was charged with four misdemeanors: two counts of simple assault, criminal trespass and criminal threatening. Allman was also charged with a violation of disorderly conduct, which is illegal in the state but not considered a crime.
At about 7 p.m. that day, Concord police responded to reports that Allman was disturbing people in the dining hall of St. Paul’s School. After charging Allman, police said he was released on bail as his case works through the court system.
Allman did not respond to an email requesting comment, and a phone number for him was not working. It was unclear from the court records if Allman has an attorney.
In December 2023, Cher filed a petition to become a temporary conservator overseeing her son’s money, saying Allman struggles with mental health issues and addiction have left him unable to manage his assets and potentially put his life in danger.
The petition from the singer and actress said Elijah Allman is entitled to regular payments from a trust fund. But “given his ongoing mental health and substance abuse issues,” she is “concerned that any funds distributed to Elijah will be immediately spent on drugs, leaving Elijah with no assets to provide for himself and putting Elijah’s life at risk,” the petition says.
A few weeks later, Los Angeles Superior Court Judge Jessica Uzcategui denied the request, saying she was not convinced that a conservatorship was urgently needed. Allman was in the courtroom with his his attorneys, who acknowledged his previous struggles but argued that he is in a good place now, attending meetings, getting treatment and reconciling with his previously estranged wife.
As the U.S.-Israeli war with Iran overtakes the foreign policy debate in Washington, two Democratic governors with potential 2028 presidential aspirations — Gavin Newsom and Andy Beshear — recently traveled to New Hampshire, introducing themselves to the state’s famously engaged voters. The two weighed in on the war and both criticized and questioned President Trump’s strategy and endgame.
“If a president is going to take a country into war, and risk the lives of American troops and Americans in the region, he has to have a real justification and not one that seems to change every five to 10 hours,” Beshear told CBS News after a Democratic fundraiser in Keene.
“This President seems to use force before ever trying diplomacy, and he has a duty to sell it to the American people and to address Congress with it,” Beshear continued. “He hasn’t done any of that. In fact, it appears there isn’t even a plan for what success looks like. He’s gone from regime change to strategic objectives and now is talking about unconditional surrender, which isn’t realistic where he is.”
Beshear also said he thought that Congress should have reined in Mr. Trump’s war powers.
“He is trying to ignore Congress. He’s trying to even ignore the American people,” Beshear said.
He went on to note that the president’s State of the Union address took place “three — four days before he launched this attack,” and Mr. Trump “didn’t even have the respect to tell the American people the threat that he thought Iran posed to us.”
Last week, both the House and the Senate failed to pass resolutions to limit Mr. Trump’s war powers and stop him from taking further military action against Iran without congressional support.
For Newsom, the war with Iran constitutes part of a broader criticism of Israeli Prime Minister Benjamin Netanyahu.
At an event last Tuesday in Los Angeles, Newsom had compared Israel to an “apartheid state.” Later, in New Hampshire, he sought to clarify his comment.
“I was specifically referring to a Tom Friedman [New York Times] column last week, where Tom used that word of apartheid as it relates to the direction Bibi is going, particularly on the annexation of the West Bank,” Newsom explained during a book tour event Thursday night in Portsmouth. “I’m very angry, with what he is doing and why he’s doing it, what he’s going to ultimately try to do to the Supreme Court there, what he’s trying to do to save his own political career.”
Friedman wrote that at the same time that the U.S. and Israel are prosecuting a war in Iran, within Israel, Netanyahu’s government has undertaken efforts to annex the West Bank, driving Palestinians from their homes; fire the attorney general who is leading the prosecution against Netanyahu for corruption; and block the government’s attempt to establish a commission to examine the failures that led up to the Oct. 7, 2023, massacre of Jews by Hamas.
CBS News has reached out to the Israeli Embassy in Washington, D.C., for comment.
On Iran, Newsom said, “I’m very angry about this war, with all due respect, you know, not because I’m angry the supreme leader is dead. Quite the contrary. I’m not naive about the last 37 years of his reign. Forty-seven years since ’79 — the revolution,” Newsom said. “But I’m also mindful that you have a president who still is inarticulate and incapable of giving us the rationale of why? Why now? What’s the endgame?”
Many attendees at Newsom’s book event said that the situation in Iran is a top-of-mind issue for them, too. Some said they’re “horrified” by what is happening.
29-year-old Alicia Marr told CBS News she decided to attend Newsom’s event because of his social media response to the war with Iran.
“There was one spot left, and I decided to pick it up, and it was due to his response to the war, that it is just unacceptable, and I would agree with that,” Marr said.
While some voters like Marr are eager to hear about where potential candidates stand on foreign policy, many at Newsom’s event said they care most about how potential candidates plan to address domestic issues.
“I’m more focused on getting the middle class back on track and fighting the oligarchy, and I’m less invested in international issues,” said Anita Alden, who also attended Newsom’s event,
“I wouldn’t call myself America first, but we have so many problems at home that are my priority,” she told CBS News.
Former Vice President Kamala Harris, who may also be weighing another White House bid, told Fox 2 Detroit last week that she “unequivocally opposes” the Trump administration’s military action in Iran and urged Congress to take action.
“If we want to stop Donald Trump with this random decision that he has arrived at, then Congress must act, and Congress must act immediately. The American people do not want our sons and daughters to go into this unauthorized war of choice,” Harris said.
Mr. Trump has lashed out against Democrats who have pushed back on his Iran strategy, calling them “losers” last week and arguing that they would criticize any decision he made on Iran.
“If I did it, it’s no good. If I didn’t do it, they would have said the opposite, that you should have done this,” the president said.
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