For Immediate Release
April 27, 2018
Geoffrey W.R. Ward, Senior Assistant Attorney General
Chief, Public Integrity & Special Investigations Unit
Attorney General Gordon J. MacDonald and New Hampshire State Police Colonel Christopher J. Wagner announce that an investigation has been completed into an allegation made against Enfield Police Chief Richard Crate, Jr. On Friday, February 9, 2018, a report was made to the New Hampshire State Police alleging Mr. Crate had assaulted a minor family member. Mr. Crate was not on duty at the time of the alleged incident.
The allegation was thoroughly investigated and reviewed by the Office of the Attorney General and the New Hampshire State Police. Mr. Crate denied committing the alleged conduct. Mr. Crate fully cooperated with the State's investigation. Based on its investigation the State has probable cause to bring a charge of Simple Assault (RSA 631:2-a) against Mr. Crate in connection with the reported incident. However, based on the affirmative defense available to Mr. Crate of parental justification (RSA 627:6), the State recognizes it would have difficulty prevailing at trial as the State would be required to disprove such a defense beyond a reasonable doubt. See e.g. State v. McMinn, 141 N.H. 636, 644-45 (1997).
Under these circumstances and in the interest of justice, the State and Mr. Crate have reached a resolution wherein the State has agreed it will not bring a charge and Mr. Crate has agreed to retire from his position as Chief of Police in the Town of Enfield, effective today, and has agreed not to seek recertification as a police officer in New Hampshire. Mr. Crate has also agreed to undergo counseling, with proof of such to be provided to the State, and has agreed to apologize to the minor family member in this matter.
The State's file will remain open pending the completion of the required counseling and adherence to the terms and conditions of the agreement, at which time the State will close the matter with no further action. In the event Mr. Crate does not abide by the terms of the agreement the State may bring forward the criminal charge against Mr. Crate. Given this resolution the State will take no further action at this time in this matter.
New Hampshire Department of Justice
33 Capitol Street | Concord, NH | 03301