North Haverhill
Gage Young claims those records as well as mental health and education records may shed light on the character of Hector Correa, who the defense claims is responsible for the shooting that injured Providence College student Thomas Elliot, 18, of Massachusetts, who was visiting a friend at Dartmouth College on Nov. 2 when he was shot in the back on School Street.
Young has pleaded not guilty to second-degree assault and other charges in connection with the incident, and he is scheduled to be arraigned on Monday on additional charges. A Grafton County grand jury earlier this month indicted Young on four additional felony charges, including counts of first- and second-degree assault that allege he acted in concert with Correa.
In December, the state dismissed the two charges Correa faced: disobeying an officer and driving without a valid licence, according to court documents.
Grafton County Attorney Marcie Hornick on Tuesday said she couldn’t comment on why the charges against Correa were dismissed.
The parties in the case appeared in Grafton Superior Court in North Haverhill on Tuesday to discuss several pending motions, including the release of juvenile court records and mental health and education records, the latter of which are intertwined, Defense Attorney Emily Wynes told Judge Peter Bornstein.
There is mental health information continued in the educational records that indicate Correa has a mental health diagnosis, Wynes said. That information could be “potential impeachment material,” she said.
“That could go to his ability to perceive and recollect events,” Wynes said.
Or, to his “truthfulness,” she added.
The records also might indicate whether Correa had “multiple contacts” with a school resource officer at Lebanon High School, she said in court.
Because of his age, Correa’s name is redacted in the court documents, but police previously identified him.
Correa told police after the incident that Young was the one who shot and wounded Elliot, according to an affidavit.
Young declined to be interviewed by police, but has maintained his innocence.
Although she objected to the release of the school records in a filing with the court, Assistant Grafton County Attorney Mariana Pastore didn’t object on Tuesday to the judge reviewing the documents.
Bornstein will ultimately decide what material, if any, should be released to the defense.
A separate motion by the defense — filed in the North Haverhill courthouse on Jan. 10 — seeks the release of Correa’s cellphone records. No determination has been made.
Also on Tuesday, Wynes said the defense has new evidence that could play into a bail argument at Young’s arraignment on Monday.
There is surveillance footage that shows Young was driving the vehicle that night, both before and after the shooting, according to Wynes.
Prosecutors allege Young fired the gunshot from the passenger’s seat of his own vehicle while Correa drove, something Young’s defense disputes.
“Things have changed since you ruled on bail,” Wynes said.
Following the shooting, the driver of the vehicle fled the scene and led police on a chase on Route 10 that ended when the car crashed on Oak Ridge Road in Lebanon. Officers took Young and Correa into custody; while doing so, they found a 9 mm handgun within 15-20 feet of the front passenger window. Correa told police Young threw the gun out the window, according to an affidavit.
Young’s arraignment on Monday is scheduled for 8:30 a.m.
Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.