Dec 19, 2015 1:32 PM
Threatening charge dismissed against Stratham man involved in standoff
SEABROOK — A judge has dismissed the charge of criminal threatening against a Stratham man involved in a standoff in Hampton Falls on Dec. 1.
Mark Tracy, 37, was arrested after a four-hour standoff and charged with felony criminal threatening with a deadly weapon. According to police, Tracy called 911 to report an overdose, but when police arrived, they say he told them he was going to get a gun. The two officers retreated and the standoff began.
Police subsequently found no weapon in the home.
Tracy’s lawyer, Sven Wiberg, argued in court that there was no evidence Tracy either verbally threatened to attack the two officers or that he intended to harm them, he told seacoastonline.com.
Wiberg argued the statement “I’m going to get a gun” is far different from a threat to shoot someone. “From the police officers’ standpoint, you might be concerned, but it’s not a criminal threat.”
Tracy is still charged with violating bail conditions as a result of the arrest, a misdemeanor. He is scheduled to appear in court on that charge in February.