State of New Hampshire v. Tariq Zubhuza
166 N.H. 125
N.H.2014Background
- On December 3, 2010, Miranda Robbins lived in a Nashua apartment with five children, fiancé Dorian Montero, and visiting father Raymond Sinclair.
- Defendant Tariq Zubhuza and Crystol Pelletier visited the apartment; Pelletier identified herself and asked about D.J., who was not present.
- Zubhuza barged into the apartment, searched rooms, and produced a gun, placing it to Sinclair’s head and threatening to shoot if anyone moved or spoke.
- Outside on the porch, the defendant kept the gun and refused Robbins’ request to leave; he spoke with D.J. on the phone while the gun remained in view.
- Robbins later cooperated with police; officers arrested Zubhuza and Pelletier; a loaded Glock with a chambered round was found in Zubhuza’s residence.
- Zubhuza was indicted for burglary, criminal restraint, and criminal threatening with a firearm; the trial court denied motions to dismiss the burglary and restraint charges, and the jury convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence that Robbins faced a risk of serious bodily injury? | State: gun use during confinement created a risk of serious injury. | Zubhuza: mere possession of a gun does not expose Robbins to such risk. | Yes; the firearm, the threats to Sinclair, and the confinement supported a risk of serious bodily injury. |
| Was there sufficient evidence of intent to commit a crime at entry for burglary? | State: intent to assault or assist Pelletier could be inferred from entry with a gun. | Zubhuza contends no clear intent to commit a crime at entry beyond confrontation. | Yes; totality of circumstances supported intent to commit an assault at entry. |
Key Cases Cited
- State v. Sideris, 157 N.H. 258 (2008) (sufficiency of evidence standard)
- State v. Burke, 162 N.H. 459 (2011) (statutory interpretation and elements of criminal restraint)
- State v. Gibbs, 164 N.H. 439 (2012) (definition of serious bodily injury and risk framework)
- State v. Fuller, 147 N.H. 210 (2001) (circumstantial evidence and intent inference)
- State v. Germain, 165 N.H. 350 (2013) (evaluating alternative hypotheses and reasonable guilt)
- State v. Meloon, 124 N.H. 257 (1983) (intent may be inferred from conduct)
- State v. Reed, 114 N.H. 377 (1974) (evidence of intent from entry and concealment in yard)
- Holloway v. United States, 526 U.S. 1 (1999) (conditioning constraints on proof of intent for crimes)