Londonderry News

This week on Tuesday August 25th at 11:51pm three Londonderry police officers were sent to the Burger King Parking lot.  There were reports that a person was flashing a handgun in the parking lot.  Before police could arrive, the men left the parking lot and headed west on 102.

Officer Freda and Officer Nickerson initiated a traffic stop on 102.  According to Officer Nickerson in his affidavit, “We conducted a felony traffic stop and began ordering the suspects out of the vehicle.  All three individuals were ordered from the vehicle, one at a time.  They were ordered to the front of Officer King’s vehicle where they were placed on there knees.  They were then handcuffed, searched and placed into the cruisers.”

Those placed in the cruisers were the driver 21 year old Tyler Blackington, passenger Peter Malcuit 19 years old and rear seat passenger Tyler Pimpis age 20.

Officer Charles Nickerson asked those that were in the front seat “where the gun was” they responded that they did not know.  On searching the vehicle Londonderry Police found the clip in plain view in a cup holder, the gun was under the front passenger side floor mat where Malcuit was siting.

Officer Nickerson said, “After booking, I asked Malcuit if he wanted to make a statement as to what happened.  He told me that he did. He told me that they were over Blackington’s house hanging around.  Pimpis was on the phone with some individuals that were at the Burger King here in Londonderry.  The people at the Burger King were trying to get Pimpis to go to Burger King to have a fight.  Malcuit told me that him, Blackington and Pimpis went to the Burger King together.

Officer Nickerson continued to question Malcuit, “I asked Malcuit where the gun was and he told me that he didn’t know.  He wasn’t sure of the gun was already in the car of if Blackington had it in his possession.  When they got to the Burger King, Malcuit advised that Blackington got out of the vehicle, approached the group that was in the parking lot and started yelling.  Malcuit told me that Blackington then returned to the vehicle, removed the gun and started pointing it at everyone.  I asked him from what part of the vehicle Blackington retrieve the gun.”

Officer Nickerson had a witness at Burger King who saw Malcuit handing the gun to Blackington outside the vehicle.  The rear seat passenger also indicated that Malcuit handed the pistol to Blackington.

Peter John Malcuit Jr of Hawkings Glen Drive in Salem NH was arested for Reckless Conduct; Place Another in Danger.  Tyler Francis Blackington of Bolder Drive in Londonderry, NH was arrested for reckless conduct; place another in danger, driving under the influence of drugs or liquor, driving after revocation or suspension, criminal threatening (use of deadly weapon)

Both were held on $5,000 cash bail, and were arraigned in Derry District Court Wednesday morning August 25th and transferred to the Rockingham County Jail in Brentwood following their arraignment.

To read the full Arrest Affidavit read the rest of the story.

LONDONDERRY, N.H. POLICE DEPARTMENT

GERSTEIN AFFIDAVIT

08/26/2009

ROCKINGHAM, SS

I, OFFICER CHARLES G NICKERSON, being duly sworn, a graduate of the 119th NH Police Academy, having more then 17 years total experience as a Police Officer with more than 10 in the State of New Hampshire, have reasonable grounds to believe that

Peter Malcuit

5-24-90

has committed the crime(s) of: RECKLESS CONDUCT;PLACE ANOTHER IN DANGER

based on the following probable cause:

1.  At approximately 2351, 8-25-09, Officer King, Officer Freda and I were dispatched to the Burger King parking lot for the report of an individual that was flashing a handgun.  While en-route there, Communications advised that the individual got into a vehicle and left the parking lot, making a right onto Rt. 102.  The vehicle was described as a gold Honda, NH Reg. 2827259.

2.  Officer King advised that he saw the suspect vehicle heading west on Rt. 102 going over the bridge and initiated a traffic stop.  Both Officer Freda and I pulled in behind his vehicle and we approached the vehicle.

3.  We conducted a felony traffic stop and began ordering the suspects out of the vehicle.  All three individuals were ordered from the vehicle, one at a time.  They were ordered to the front of Officer King’s vehicle where they were placed on there knees.  They were then handcuffed, searched and placed into the cruisers.

4.  The first person ordered out of the vehicle was the driver:

Tyler Blackington

11-5-87

5.  The front passenger was next and identified as:

Peter Malcuit

5-24-90

6.  The last person ordered out of the vehicle was sitting in the rear passenger seat.  He was identified as:

Tyler Pimpis

8-9-91

7.  I asked Malcuit where the gun was and he told me that he didn’t know.  I asked Blackington where the gun was and he also told me that he didn’t know.

8.  We then searched the car and found the gun under the front passenger side floor mat, where Malcuit was sitting.  The magazine was in the cup holder in the dashboard.

9.  After booking, I asked Malcuit if he wanted to make a statement as to what happened.  He told me that he did.  I advised Malcuit of his rights.  Malcuit acknowledged his rights, signed the form and provided me with a statement.

10.  He told me that they were over Blackington’s house hanging around.  Pimpis was on the phone with some individuals that were at the Burger King here in Londonderry.  The people at the Burger King were trying to get Pimpis to go to Burger King to have a fight.  Malcuit told me that him, Blackington and Pimpis went to the Burger King together.

11.  I asked Malcuit where the gun was and he told me that he didn’t know.  He wasn’t sure of the gun was already in the car of if Blackington had it in his possession.  When they got to the Burger King, Malcuit advised that Blackington got out of the vehicle, approached the group that was in the parking lot and started yelling.  Malcuit told me that Blackington then returned to the vehicle, removed the gun and started pointing it at everyone.  I asked him from what part of the vehicle Blackington retrieve the gun.  He told me that he didn’t know.

12.  I asked him where both he and Pimpis were standing as the incident unfolded.  He told me that Pimpis never left the immediate area of the vehicle once he got out.  He stood next to the vehicle the whole time.  He then told me that he approached the crowd with Blackington but stopped at one point as Blackington continued walking.

13.  I asked Malcuit if he had the gun in his possession.  He told me no.  I asked him if he handed the pistol to Blackington while they were outside the vehicle in the parking lot.  He again told me no.  I asked him if he was sure and he told me that he was.  This statement conflicts with a witness at the Burger King who claimed that Malcuit handed the gun to Blackington outside the vehicle in the Burger King parking lot.  Pimpis also told Officer Freda that Malcuit handed the pistol to Blackington.

14.  After they returned to the vehicle, Malcuit told me that Blackington handed him the gun and told him to put it on the floor.

The State respectfully request cash bail for this defendant, based on the following circumstances:

The fact that a Firearm was used  during the commission of the crime.

Bail Commissioner Terry Doyle_ has set bail in the amount of  $5000.00__ cash.