Despite admitting to law enforcement that he kept his firearm in the pocket of his hooded sweatshirt “as a form of intimidation” and for “scare tactics”; the NH Attorney General’s office has yet to charge Garrito Fort with any wrongdoing in the 2021 case of the shootings of Seabrook residents Chris Colleti (Killed) & Richard Janvrin (Injured), claiming that the state is unable to disprove Mr. Fort’s claim of self-defense beyond a reasonable doubt.

With respect to Fort, who was recently convicted of a federal charge of being a felon in possession of a weapon, it is clearly written in New Hampshire RSA 627:4:III that:

“A person is not justified in using deadly force on another to defend himself or herself or a third person from deadly force by the other if he or she knows that he or she and the third person can, with complete safety...

(a)...retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor "

(c)...Comply with a demand that he or she abstain from performing an act which he or she is not obliged to perform; nor is the use of deadly force justifiable when, with the purpose of causing death or serious bodily harm, the person has provoked the use of force against himself or herself in the same encounter"

*RSA 627:4:III (b) & (d) do not apply to this situation.

In New Hampshire, again per RSA 627:4:II a person is justified in using deadly force upon another person in four situations when he reasonably believes that such other person :

(a) Is about to use unlawful, deadly force against the actor or a third person;
(b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;
(c) Is committing or about to commit kidnapping or a forcible sex offense; or
(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage.

Options B & C do not apply to anyone in this situation. 

Considering option A. With respect to both Colleti & Janvrin, their case for self defense in the face of a brandished firearm is much stronger, neither of them employed deadly force in response to Fort, his life never was at risk that morning. Fort knew this as well, telling police that when he saw Coletti, he went “rushing to get outside . . . to get to him before he leaves, so [Fort] could talk to him, because [he knew Coletti was] going to work.” 

It is also clearly written in New Hampshire RSA 627:4:II-a that: "A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act." This fits the actions of Coletti & Janvrin perfectly, proving their response to Fort to be lawful.

The deadly force that Garrito Fort wielded against both Chris Colleti & Richard Janvrin on Nov 1st 2021 in Seabrook, NH was unjustified per RSA 627:4:III(a) & (c), and the state's claim that they cannot disprove Fort’s claim of self defense is a misinterpretation of RSA 627:4, as Fort admitted to keeping his firearm in the pocket of his hooded sweatshirt for the purposes of intimidation and for scare tactics, never retreating from the encounter to his dwelling, and refusing to comply with the demand to put his gun away. He remained in the street until after the shooting occurred, and did not return to his dwelling afterward, but instead fled the scene and was located miles away after a search by law enforcement.

The state should open the case to press appropriate charges. We are humbly asking Governor Ayotte, who has already pledged bail reform for NH, to direct the NH Department of Justice to open the case against Fort once again, in pursuit of Justice for both Chris Colleti, and Richard Janvrin. The witnesses to this event deserve to be heard and the Seabrook community is left with an open wound at the loss of one of its members.

The Governor's office can be reached at (603) 271-2121

or via forms

https://new-hampshire.my.salesforce-sites.com/support/GOV_HelpWithAnAgency​

 https://new-hampshire.my.salesforce-sites.com/support/GOV_Opinion

Full contact site here:

https://www.governor.nh.gov/contact-governor-ayotte

Contact NH AG John Formella & NHDOJ:

Phone: (603) 271-3658 E-Mail: attorneygeneral@doj.nh.gov

https://www.doj.nh.gov/contact-us

The NH Criminal Justice bureau can be reached at

investinfo@doj.nh.gov

 https://www.doj.nh.gov/bureaus/criminal-justice-bureau

Please let them all know how you feel on this issue. Through Faith & Persistence - we will once again #OpenTheCase