Eric Wind Attorney at NH Public Utilities Commission in Concord.

Supreme Court At-a-Glance Contributor Eric Wind, Attorney at the NH Public Utilities Commission in Concord, N.H.

No. 2020-0053

October 8, 2021



  • Whether the trial court erred in ordering a defendant to pay restitution for the counseling of the victims when a jury found only that the defendant conspired to commit a robbery and did not find that he participated in the robbery itself?


The defendant was charged with armed robbery and conspiracy to commit armed robbery.  A jury convicted the defendant of conspiracy to commit armed robbery but was unable to reach a verdict on the robbery charge.  The trial court granted the defendant’s motion for a mistrial on the robbery charge.  The Court ordered the defendant to make restitution to the victims finding that it was obvious that the crime as committed by the defendant and a co-conspirator had a large and ongoing negative impact on the victims.  The defendant argued that the victim’s need for counseling was not directly caused by the conspiracy crime he was convicted of.  The Court disagreed under the principle that a conspirator is liable for the acts of his co-conspirators undertaken in furtherance of the conspiracy.  Therefore, the Court found that the state met its burden of proving a sufficient causal connection between the defendant’s criminal act and the victim’s economic loss by a preponderance of the evidence.


Gordon J. MacDonald, Attorney General, (Elizabeth Velez, on the brief and orally), for the State. Stephanie Hausman, Deputy Chief Appellate Defender, of Concord, on the brief and orally for the defendant.