Civil Rights Unit still investigating alleged assault involving ex-Portsmouth officer

PORTSMOUTH — The New Hampshire attorney general’s Civil Rights Unit said it is continuing to investigate a Portsmouth assault case involving a former city police officer.

In December, local bank executive Mamadou Dembele, a Black man, went public with allegations he was attacked and injured in the area of Gilley’s Diner the night of Nov. 22, the day before Thanksgiving. At the time, Dembele said the “words used by my attacker leave no doubt that this was a racist act” in a statement shared by his attorney.

New Hampshire State Police announced last week former Portsmouth police sergeant Aaron Goodwin and two others were charged with simple assault in connection to the incident.

John Durkin, Goodwin’s lawyer, is disputing any perception the alleged assault incident was racially motivated. He pointed to the fact police did not charge Goodwin, nor the other defendants, with a hate crime when the counts were announced by state police last Friday, March 15.

Durkin said the incident was “thoroughly investigated” by state police and prosecutors in Strafford County.

“I have no doubt that they left no stone unturned,” Durkin said of the investigation on Thursday. “After all that, in whatever charging decision they made, they chose not to charge it as a hate crime. What we can deduce from that is that there was no racial animosity on Aaron’s part in regard to whatever interaction there was between the two gentlemen.”

Goodwin, who is accused in court documents of throwing Dembele to the ground, referred a request for comment to his attorney.

The New Hampshire attorney general's office, however, said a determination hasn't been made on whether anyone involved in the incident will face a civil rights violation.

"I can confirm that our Civil Rights Unit is looking at this matter," said Michael Garrity, spokesperson for the state attorney general’s office. “Our Civil Rights Units has no new public updates, and where there are active criminal cases against these individuals, our ability to comment is limited."

Garrity explained: "Any prosecuting agency can charge a person with a hate crime for the purposes of a criminal prosecution. Only the attorney general’s office can charge a person with a violation of the Civil Rights Act, which is like a civil version of a hate crime charge. A person can be charged with a hate crime and a Civil Rights Act violation, with only a hate crime, or with only a Civil Rights Act violation. Each comes with its own unique elements."

Dembele's attorney, Robin Melone, previously said there was “no question” the alleged assault was a hate crime against her client. She praised Goodwin's arrest last week. "We stand by our original statement. The facts in this case will speak for themselves when it is time. ... We know what happened."

Details of alleged assault by Aaron Goodwin in court documents

New Hampshire State Police announced last week Goodwin, 45, of Eliot, Maine, was charged with simple assault, a Class A misdemeanor, and disorderly conduct, which is a violation, stemming from the Nov. 22 incident. His brother, Kevin Goodwin, 42, faces the same two counts, while Shannon Goodwin, 37, has been charged with three counts of simple assault and a single count of disorderly conduct as a result of the alleged incident.

Dembele is named in court documents as the victim of the alleged assault by Aaron Goodwin. Police have not identified who was allegedly assaulted by Kevin and Shannon Goodwin.

Filed Nov. 30, a complaint narrative in Aaron Goodwin’s case alleges he “knowingly had unprivileged physical contact with M.D. by grabbing him by the collar and throwing him backwards to the ground.”

Per the terms of Goodwin’s bail order, he cannot have any contact with Dembele, nor can Goodwin come within 200 feet of him. Goodwin is also barred from returning to Gilley’s Diner.

A second complaint narrative in Goodwin’s case also filed Nov. 30 alleges he “knowingly engaged in fighting or in violent, tumultuous or threatening behavior in a public place, to wit, Gilley’s Diner parking lot, arguing and aggressively approaching bystanders.”

Goodwin turned himself in to state police last Friday and was released on personal recognizance bail. He is scheduled to appear in Portsmouth District Court for a hearing on April 22 at 8 a.m., according to his bail order.

The arrest warrants issued for Kevin and Shannon Goodwin, both of Dundalk, Maryland, are non-extraditable, according to state police spokesperson Tyler Dumont.

“They can only be taken into custody when and if they return to the state of New Hampshire,” Dumont said Thursday. “The New Hampshire State Police have contacted Kevin and Shannon Goodwin and have requested their cooperation.”

New Hampshire State Police are continuing to investigate the matter and are not releasing any surveillance footage of the alleged incident at this time, Dumont said.

Aaron Goodwin was fired from the Portsmouth Police Department in 2015 after being accused of exercising undue influence to get an elderly, mentally impaired woman to leave most of her multi-million-dollar estate to him.

Portsmouth police were initially investigating the alleged Nov. 22 incident. The city police department requested New Hampshire State Police handle the investigation to avoid the appearance of a conflict of interest regarding Aaron Goodwin as a former Portsmouth officer.

Aaron Goodwin's description of incident differs from allegations against him

Goodwin previously offered his account of the alleged Nov. 22 incident.

"I was acting in defense of my sister in law," he wrote in a statement to Seacoastonline last week. "Mr. Dembele pursued her and I perceived him as a threat after he put his tray of food on the ground and got in her face. I pulled him away from her. There was nothing more. The entire incident is on surveillance."

Following the incident, Dembele was seen in public using a cane and wearing a leg brace.

"My physical injuries are still hindering me but will hopefully heal with time,” his December statement read. “The fear and fury of being attacked in my home community because I was seen as ‘other’ will never go away. I am grateful that law enforcement is investigating, and I will give them space and time to complete their work. But I look forward to seeing my attacker held accountable in a court of law.”

Local and state Black leaders rallied in support of Dembele two days after making his allegations public. A protest was held beside the African Burying Ground Memorial Park with representatives from a coalition of Black and Indigenous people of color businesses and organizations, including the Black Heritage Trail of New Hampshire, the Business Alliance for People of Color New Hampshire, Black Lives Matter New Hampshire, the Seacoast NAACP and the New Hampshire Center for Justice and Equity.

Officers from the Portsmouth Police Department, analysts from the New Hampshire Information and Analysis Center, troopers from the Maryland State Police and the Strafford County Attorney’s Office assisted in the investigation.

Authorities ask anyone with information to contact New Hampshire State Police Detective Sgt. John S. Kelly at john.s.kelly@dos.nh.gov or (603) 679-3333.

This article originally appeared on Portsmouth Herald: Aaron Goodwin assault case: NH Civil Rights Unit investigating