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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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Local News
The Gorham, New Hampshire police chief has been placed on administrative leave following the release of a video showing a physical altercation inside the police station.
In the station’s security footage — acquired by Stephen Gregory, of Berlin, New Hampshire, who sent it to WMUR, the outlet reported — Chief Jimmy Willhoite is seen grabbing a man by the throat and shoving him against a wall.
“Due to the allegations involving our Chief of Police, he has been placed on administrative leave while the allegations are being investigated,” Town Manager Joe Hemings said in a statement to Boston.com. Hemmings denied to comment further on the allegations.
Gregory told WMUR that the recording captures a confrontation between him and Willhoite that escalated when the chief grabbed Gregory by the neck and pushed him against the station wall.
Prior to the incident, Gregory was attending the annual Fourth of July carnival in Gorham with his wife and saw a man who, he says, threatened to stab him about two months earlier.
After the man allegedly yelled at him, Gregory went to the police station to report him — and then the confrontation with Willhoite happened, Gregory told WMUR.
The state’s Department of Justice Public Integrity Unit and NH Police Standard and Training Council is investigating the incident, Hemmings said.
The New Hampshire Attorney General’s office told Boston.com that it would “neither confirm nor deny any potential New Hampshire Department of Justice Public Integrity Unit matter,” citing state privacy laws.
Town officials said Gregory was arrested that night and charged with simple assault and disorderly conduct, though Gregory disputes he was arrested, WMUR reported.
“The safety of our community and the integrity of our law enforcement agencies are top priorities for the Town,” Hemmings said. “We take all allegations of misconduct seriously.”
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06/19/2026 02:16, EAST KINGSTON, BOLDUC, NATHAN RICHARD (22); ASHFORD, CONNECTICUT, 635:1,I (BURGLARY-NIGHT / HOME / WEAPON), 635:1,V (BURGLARY TOOLS-POSSESSION), 637:7 (RECV STOLEN PROP; $1501+), 637:7 (RECV STOLEN PROP; $1501+), 634:2,II (CRIMINAL MISCHIEF).
06/15/2026 19:49, RAYMOND, KETCHEN, DANA CANNEY (63); BROOKLINE, 265-A:2,I(A) (DUI-IMPAIRMENT), 264:25 (CONDUCT AFTER ACCIDENT), 265-A:2,I(B) (DUI; ADULT>.08; MINOR>.02), 172-B:3 (PROTECTIVE CUSTODY-ALCOHOL), 265-A:44 (TRANSPORTING ALCOHOLIC BEVERAGES OR MARIJUANA).
06/15/2026 21:05, GILFORD, SEXTON, JALEN R. (26); ALTON, 263:64,VI (DRIVE AFTER REV/SUS-SUBSQT), 263:64,IV (DRIVE AFTER REVOCATION/SUSPENSION; RECKLESS DRIVING), 263:1,II (LICENSE REQD; OP W/EXPIRED LICENSE W/IN 12 MONTHS OF EXPIRATION), 265:60 (SPEEDING 25 MPH OVER LIMIT OF 55 OR LESS).
06/16/2026 02:40, PORTSMOUTH, LANE, MICHAEL CORY (29); HUBBARDSTON, MA, 631:3 (RECKLESS CONDUCT), 265-A:2,I(A) (DUI-IMPAIRMENT), 265:79,I (RECKLESS OPERATION).
06/16/2026 17:16, GILFORD, COSTARELLI, ROBERT L. (55); EAST BRIDGEWATER, MA, 631:2-B,I(A) (DV; SIMPLE ASSAULT; BODILY INJURY OR PHYSICAL CONTACT), 634:2,III (CRIMINAL MISCHIEF).
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