Fatal Rochester shooting ruled self-defense by AG

Richard Dumont (Courtesy photo)

CONCORD, N.H. - A Rochester man was beginning to black out and thought he was going to die when he fatally shot his best friend in May, according to an Attorney General’s report on the incident released on Thursday.

Richard Dumont, 37, of Rochester, died shortly after taking one bullet in the stomach from a Walther .380 caliber semi-automatic handgun belonging to Robert S. Crichton, 39.

The shooting was determined to be in self-defense and a justified use of deadly force under New Hampshire law, the report states, meaning Crichton will not be charged in the shooting. Crichton had a permit to carry a concealed weapon.

The altercation on May 4 around 10 p.m. on Sylvain Street in Rochester pierced the quiet Sunday calm of a normally peaceful neighborhood of neat homes just off a busy Washington Street thoroughfare.  

On the night of the incident neighborhood residents recalled hearing a prolonged and escalating argument between the two men, ultimately ending with the firing of two shots, the last of which traveled upward from where Crichton sat in the driver’s seat of his car and fired the gun, through his car door and into Dumont’s heart.

Orange paint marks where Robert Crichton's car was parked at the time of the shooting the night of May 4. (Lebanon Voice file photo)

He died after being transported to Frisbie Memorial Hospital after EMS personnel responded to the scene. Crichton’s was the second of several 911 calls to alert police, who can be heard responding in the background during his call.

“I tried to make him go away. I tried to do everything.” Crichton says in the 911 call. “He’s taking breaths still. Christ, hurry up and get an ambulance please!”

The 911 operator then tells Crichton to stay away from the gun and the car, and Crichton responds, “I will, but I just don’t want him to die.”

Moments later Crichton sounds more upset and says, “Why would he do this?”

The operator asks if the other man had a gun or if Crichton is hurt. Crichton says that he has been punched in the ear, head-butted in the face, and then says something unintelligible. He quickly follows that with, “I don’t care about me, just save him!” After a few more seconds, a police officer can be heard arriving and Crichton blurts out that the man attacked him, and starts explaining what happened. The call ends shortly afterwards.

In all, Rochester Police interviewed Crichton at least three times, once at the incident scene and twice at the Rochester Police station which were audio and video recorded.

Police also spoke with family members and acquaintances of both men – who worked together as plumbers and had been buddies since junior high - in piecing together a timeline of events that tragic day.

According to the Attorney General’s report, acquaintances who knew both men said Dumont was “bipolar” and could be a “hothead,” while Crichton was “mellow” but also someone who was “careless with guns.”

It also states, “No one provided any information about animosity between the two men that could account for Dumont’s assault on Crichton or Crichton’s motive for shooting Dumont, other than in self-defense.”

Police Station interview of May 4

On the afternoon of the shooting, the report indicates that Crichton went to his parents’ home sometime in the late afternoon to work on their boiler. Apparently Dumont had tried to call him several times during the day and Crichton ignored the calls.

The report states that Crichton’s dad says he came to his parents’ home, in part, because he didn’t want to deal with Dumont being drunk or on drugs.

At some point, the report states Crichton comes out of the house and an argumentative Dumont is there, saying, “We’re not friends.”

The two drive for a while and as he slows for a turn (presumably onto Sylvain Street) Dumont jumps out of the car and the two begin a protracted, increasingly heated argument, parts of which are heard by neighborhood residents.

According to notes taken during Crichton’s first interview at Rochester Police headquarters the night of the shooting, he says that Dumont tells him that if he goes up against him, he will lose. The interview narrative continues:

Dumont then attacked Crichton by going after him through the driver’s side window, hitting Crichton in the ear.

Crichton’s arms became pinned and he had a hard time breathing. Crichton managed to reach back where he kept a gun. He said that Dumont knew he kept a gun in the car. Dumont responded by saying, “Oh, you’re gonna grab that? Oh, you think you can grab that and take me? Now you’re gonna lose.” Crichton managed to get his gun and fired one shot, hoping Dumont would back off. Dumont did not back off and Crichton said that things began to get hazy and he did not know if was (sic) going to come out of it. He said he pointed his gun low and fired another shot. After the second shot, Dumont took a couple of steps back and fell. Crichton then called 911. 

During the interview Crichton states that he’d had no drugs or alcohol that day. He also states that Dumont knew that Crichton had broken his neck when he was younger and as a result, a good shot to the head could dislocate Crichton’s spine.

At that point during the interview, detectives told Crichton that Dumont had passed away. Crichton cried and swore, saying, in part, “Why didn’t I … oh Jesus. Oh my God.

“It will never be the same. I don’t ever want to shoot a gun again. Oh . . . f--- me.

I don’t care, it doesn’t matter.”

The interview of May 8

In a second interview with Rochester Police on May 8, police notes say, They drove away (from Crichton’s parents’ house) and then as the car slowed to make a turn, Dumont jumped out and ran in front of the car. Crichton stopped the car, put it in park, and put down the window. He asked Dumont when the situation would end. Dumont, who was screaming at Crichton, walked around to the driver’s side window and started throwing punches at Crichton, but not connecting. Dumont told Crichton to go f--k himself, that he would lose, and that he would be lucky if he (Dumont) did not kill him. At some point Dumont also kicked the car’s door. Dumont head-butted Crichton and then reached into the car and tried to pull Crichton out by the throat. Crichton stepped on the gas to try and get away, but the car was in park and did not move.

“Crichton remembered that he had his gun in the car, a gun Dumont knew Crichton kept in the car. Crichton grabbed his gun from the map pocket behind the passenger seat and that is when Dumont said words to the effect of, how is it going to feel getting shot with your own gun? He also said, “You pushed me too far this time. This is gonna be it.” Crichton said he thought that meant that Dumont was going to shoot him. Crichton tried to fire his gun but nothing happened. He said that he had to use his seat to push against the gun to chamber a round, and then pointed the gun at the door and fired one shot, thinking that would be enough to get Dumont to stop.

Instead though, things seemed to get worse. Dumont was not going to stop. Crichton said he started to lose feeling in his limbs and was not sure how long he would stay conscious. Crichton said it was like he was falling asleep and it was getting worse. As he was getting choked, things were getting darker and darker. He tried to get away from Dumont and slide out the passenger side but could not since Dumont had a hold of his sweatshirt and his hand around Crichton’s throat. Crichton said he was scared and wanted it to stop.

Crichton decided to fire another shot since the first shot did not work. He said he fired the next shot higher because the first shot did nothing. After the second shot, he got out of the car and called 911.”

Richard Dumont’s final hours

Meanwhile, Dumont, according to his girlfriend and other acquaintances spent most of the day with another buddy drinking beer at various locations.

Later in the evening, they went to Washington Street to play some pool and have another beer until around 9 p.m.

Then as the two were on their way to Cumberland Farms to buy food for the next day, Dumont said he was going to walk to Robert Crichton’s house, and the two went their separate ways.

Autopsy and physical evidence

Dumont’s autopsy results showed that he died of a single gunshot at close range that perforated his heart.

The report states that Dumont also had injuries to his right hand, “which were consistent with Robert Crichton’s claim that Dumont had been punching him and his car before the shooting.”

Toxicology testing revealed the presence of alcohol in Richard Dumont’s blood at a BAC of .115, well over the legal limit, as well as the following other substances in varying amounts: Amphetamine (stimulant); Klonopin (used to treat various seizure disorders); Marijuana (active and inactive components); Methadone (narcotic analgesic depressant); Methamphetamine (stimulant capable of causing hallucinations, aggressive behavior and irrational reactions); Nordiazapam (active component of drugs such as Valium); Wellbutrin (antidepressant); Xanax (used to treat anxiety and other conditions); and Zoloft (used to treat depression and other conditions).

However, the report also indicates that “Some of these drug levels were very low and may have had no effect on Dumont’s behavior at the time.” Also investigators were told that Dumont was prescribed Xanax, Wellbutrin, and Zoloft. 

Other physical evidence gathered included photographs taken on the night of the shooting that showed a large red area on the right side of Crichton’s neck, which was consistent with his claim that Dumont was choking him before the shooting. Later photos showed bruising on Crichton’s neck in that area as well. Photos of Crichton also depicted a large scar down the back of his neck, which was consistent with his claim that he had had major surgery on his spine in the past.

Robert Crichton’s car also had damage on the driver’s side door, including a boot print consistent with Richard Dumont’s footwear. That corroborated Crichton’s claim that Dumont had been kicking at the side of his car before the shooting incident.

One live bullet was found in the car as well as two discharged cartridge casings. In addition, a bullet hole and bullet were found in the driver’s side door, the report states. The bullet that entered the inside of the door did not pass all the way through. That evidence was consistent with Crichton’s statement to police that he fired a warning shot into the car door and then fired a second shot that killed Dumont, the report states.

Conclusion by the AG

New Hampshire law says that, “A person is justified in using deadly force upon another person when he reasonably believes that such other person is about to use unlawful, deadly force …”

In its analysis, the AG report states that: “On Sylvain Street, Richard Dumont was out of the car and threatening Robert Crichton. The situation got worse for Crichton when Dumont began physically assaulting him. The assault became potentially deadly when Dumont began choking Crichton and would not stop.

“Dumont’s assault on Crichton was made even more dangerous in Crichton’s mind because of his prior neck injury, which he claimed Dumont knew about. Dumont’s threats increased and shifted to killing Crichton. As a result, Crichton reached for his gun and instead of backing off, Dumont continued his assault on Crichton. Dumont choked Crichton to the point that Crichton started to lose feeling and was drifting towards unconsciousness. Fearful that Dumont would kill him, Crichton fired a shot into the car to try to get Dumont to stop. Instead of stopping though, Dumont continued with his assault on Crichton, leading Crichton to fire a second shot into Dumont’s chest. That shot stopped the assault and killed Dumont.”

The conclusion of the report, in its entirety states, “Based on the applicable law and all the facts and circumstances of this case, the Attorney General has determined that it was reasonable for Robert S. Crichton to conclude that Richard Dumont was using deadly force against him on May 4, 2014. Therefore, Robert Crichton’s subsequent use of deadly force was legally justified pursuant to RSA 627:4, II (b). Accordingly, no criminal charges will be brought against Robert Crichton in connection with the shooting death of Richard Dumont.”