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CONCORD, N.H. — The New Hampshire attorney general’s office has agreed to a $10 million settlement in the case of a man who alleged that he was gang-raped in a stairwell at the state’s youth detention center in the 1990s.
Michael Gilpatrick’s lawsuit against the state would have been the second of more than 1,300 to go to trial, but instead both sides agreed to settle out of court, his lawyers said Saturday.
The payout is four times the maximum amount available to those who submit claims via the state’s settlement fund for abuse victims, though less than half the amount a jury awarded last May in another lawsuit, the first of its kind that went to trial. The $38 million verdict in that case remains in dispute as the state seeks to slash it to $475,000.
Gilpatrick, now 41, was 14 when he was sent to the Youth Development Center for three years in 1997. His lawsuit accused 10 staffers at the Manchester facility of sexual or physical abuse, including repeated rapes and being choked to the point of unconsciousness.
“There was nobody you could go to at YDC to talk to. You were literally stuck in your own thoughts, in your own fear every single day,” he said in a 2021 interview. “That place turned us into what we were. I can’t say what I am now because I’m a better person now. But coming out of that place, I was a monster.”
In one incident, Gilpatrick said, two staffers held him down in a stairwell while another raped him and a fourth man forced him to perform a sex act. Those allegations resulted in criminal charges against four former staffers whom Gilpatrick called a “hit squad;” two of them have faced trial so far.
Brad Asbury, 70, was sentenced to 20 to 40 years in prison after being convicted in November of being an accomplice to aggravated sexual assault. But jurors deadlocked in January on whether Stephen Murphy was guilty of rape, leading to a mistrial. Murphy, who denied assaulting Gilpatrick, faces three other trials related to other former residents.
“The four of them used to roll together, and they would go to different cottages and beat kids,” Gilpatrick testified at the first civil trial. “They would literally come over and just go door to door and beat every single one of us, down the line.”
The settlement spares Gilpatrick from what likely would have been another emotionally difficult court proceeding. He also testified at the two criminal trials, at times lashing out angrily at defense lawyers.
He said he did not tell anyone what happened to him at the time because dorm leaders were involved in the assault, and he then spent decades trying to bury his memories.
“Once I was about to accept the fact that it wasn’t my fault and I was able to stop blaming myself, I knew I had to say something,” he testified on Jan. 16.
Eleven former youth counselors have been arrested since the attorney general’s office began investigating the facility in 2019, though charges against one were dropped, another was found incompetent to stand trial and a third died awaiting trial. Two men have been convicted, and another case that ended in a hung jury is expected to be retried later this year.
The Associated Press generally does not identify those who say they were victims of sexual assault unless they have come forward publicly, as Gilpatrick and others have done.
The youth center, which once housed upward of 100 children but now typically serves fewer than a dozen, is named for former Gov. John H. Sununu. Lawmakers have approved closing the facility, which now only houses those accused or convicted of the most serious violent crimes, and replacing it with a much smaller one in a new location.
Local News
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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Streets of Portsmouth after snow storm
The streets of Portsmouth are still in the process of being cleaned up, as seen the afternoon of Tuesday, Jan. 27, 2026, following a huge snow storm.
It may be March, but winter in New Hampshire is far from over. Just one week after a blizzard tore through the state with heavy snow and high winds, the state is getting another round of snowfall.
The state will get three to five inches during the evening and night of Tuesday, March 3, says the National Weather Service (NWS) of Gray, Maine. While the accumulation will not be significant, the snowfall may cause dangerous road conditions and a layer of ice on the ground in certain parts of the state.
Here’s what to know before tonight’s snow in New Hampshire, including snow totals and timing.
According to the NWS, it will start snowing in New Hampshire during mid-afternoon or early evening and continue through the night. Specifically, snow will arrive to the southern part of the state around 2-3 p.m., spreading northwards through the rest of New Hampshire by 5 p.m.
Rain or freezing rain will mix in later this evening across southern New Hampshire, creating a wintry mix. All precipitation should move out of the state by midnight.
Due to the timing of today’s snowfall, the Tuesday evening commute will be affected, with the NWS warning to slow down and exercise caution while driving.
New Hampshire will get one to four inches of snow tonight, with one to two inches in northern New Hampshire, two to three inches in southern New Hampshire and three to four inches in the center of the state, with the possibility for five inches in localized areas.
In the Seacoast specifically, Portsmouth, Rye, Hampton and York are expected to get between two to three inches of snow, while Dover, Exeter and Rochester may get up to four.
The wintry mix may also cause a light glaze of ice across southern New Hampshire.
The NWS has issued a winter weather advisory for the state of New Hampshire, in effect from 1 p.m. on Tuesday, March 3 through 4 a.m. on Wednesday, March 4.
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