Windham, New Hampshire

From the North Andover (MA) Eagle-Tribune of March 2, 2007

Man released after shooting stepbrother

A family argument escalated into violence Thursday, when one stepbrother shot another in the middle of the day.

David Richardson, 52, went to Windham Auto Body around 10:40 a.m. Thursday, got into a scuffle with his stepbrother, Frank Meisel, and returned to his home about a half-mile away before a pair of officers arrived, said Windham police Capt. Carl Wagner.

About an hour later, Richardson returned to start another confrontation with his stepbrother, Frank Meisel, according to police. Meisel, 43, fired a single shot into the left side of Richardson's chest with a .38-caliber revolver, police said.

Police elaborated on the initial scuffle yesterday as they continued their investigation into the shooting.

"There was some kind of brotherly, physical confrontation and there was some damage done on the property, but he wasn't concerned with that," Wagner said of Meisel. "He just didn't want him (Richardson) on the property."

The two were arguing over a family-related matter, Wagner said.

Police said they received a call from a woman about the shooting, but they refused to elaborate.

Richardson remains in critical-but-stable condition at Beth Israel Deaconess Hospital in Boston. He underwent surgery Thursday night.

Meisel is free on personal recognizance and is due in court April 2. Based on what police have learned so far, Wagner said there was no need to hold Meisel.

"As the investigation continues, charges could be upgraded or reduced," Wagner said. "We still have to cross the t's and dot the i's on some things."

Police recovered the revolver when they encountered Meisel at the garage, Wagner said. Meisel legally kept the handgun at the business, located at 47 Roulston Road.

When police officers arrived after the first call from the garage, Richardson had already made it back to his home about a half-mile away at 22 Roulston Road. The officers warned Richardson that he would be arrested for trespassing if he went back to the garage, Wagner said.

A search warrant for the garage, which included a police affidavit detailing evidence gathered so far in the case, has been sealed by a judge.

From the North Andover Eagle-Tribune of April 14, 2007

Police: Shooter acted in self-defense

Prosecutors dropped charges against Frank Meisel, accused of shooting his stepbrother, saying he acted in self-defense when he fired his .38-caliber revolver into the chest of David Richardson.

Richardson, 53, went to Meisel's business, Windham Autobody at 47 Roulston Road, threatening to hurt him about 10 a.m. on March 1, police said.

Meisel, 43, of Cluff Road in Salem fired his weapon after Richardson had swung a large bat at his head and threatened to hurt him, said Rockingham County Attorney James Reams. Police had charged Meisel with misdemeanor simple assault after the altercation, saying they would either upgrade or drop the charge, based on the investigator's conclusion.

"Everything we had was consistent with self-defense," Reams said yesterday.

Police had been to the garage hours before the shooting when Richardson, who lived about a half-mile away, showed up drunk and got into a fight with Meisel. Neither of the men were seriously hurt or wanted to press charges.

Police told Richardson not to return to the garage, but he showed up a couple of hours later, armed with a large club. The arguments were the result of Richardson wanting to borrow money, police said. Meisel's account of what happened was supported by his bookkeeper, who saw both fights between the men, according to police.

Meisel's lawyer, Don Blaszka, said yesterday he was pleased with the Police Department's decision to drop the case.

"I always felt my client was defending himself," Blaszka said. "I feel this is a vindication for him so he can continue with his business. Obviously, based on the information collected by police and witness statements, my client's actions were justified."

One aspect that delayed the investigation was Richardson's lack of cooperation, Reams said. Richardson has been released from the hospital, but refused to release his medical records to authorities or cooperate with the investigation, according to police.

"There was a couple of minor loose ends we would have liked to have wrapped up," Reams said. "We knew Mr. Richardson was released from the hospital, but we don't know how badly he was injured. Given what we know so far, it wasn't a worthwhile pursuit of police resources."