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Diane Durgin, 67, is accused of shooting at a Black man who inadvertently drove to her property after a prearranged truck part sale, prosecutors said.
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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