Mass. man ordered to testify about Windham kidnapping
Luis Carvalho, 33, of Taunton, Mass. was one of three men who prosecutors say carried out the attack, and the only one headed to trial on Tuesday in Rockingham County Superior Court.
The two other men were never identified, according to prosecutors.
Carvalho faces six charges, including kidnapping, criminal threatening with a deadly weapon and burglary.
Matthew Nugent, a state witness, was granted immunity on Monday after he repeatedly asserted his Fifth Amendment right to not incriminate himself during a round of questioning by county prosecutors.
Nugent acknowledged under questioning that he knew Carvalho, but was not present at the Windham home invasion that happened on the night of April 15, 2012.
Nugent's lawyer, Donald Blaszka, suggested on Monday that his client owned a pair of firearms that were allegedly used during the home invasion.
Nugent, of Billerica, Mass. has already given a statement to local and federal authorities about the guns being stolen from his property, according to Blaszka. Blaszka argued on Monday that his client could expose himself to potential criminal charges in New Hampshire and Massachusetts if he was not allowed to invoke his Fifth Amendment rights.
"If he testifies truthfully, he is going to face prosecution," he said.
Judge Marguerite Wageling disagreed with that assessment, and ordered Nugent to testify under the limited immunity offered by county prosecutors. Nugent's testimony could shed new light on the kidnapping, including what led the men to allegedly attack the woman.
Windham police responded to a call from the woman at about 12:27 a.m. last April 15. The victim told police that someone was "banging on her door."
"The woman mentioned a gun and was subsequently involved in a struggle. The woman stopped responding and the line eventually went dead," police said in the affidavit. "She later informed officers the phone was physically removed from her hand."
When police arrived at the home on Glance Road, they spotted a man dressed in all black run out of the front door toward the backyard. A police officer chased the man, who fled on foot.
A blue GMC Yukon sped away from the home with no lights on, police said.
The truck crashed into a wooded area off of Romans Road during a pursuit with police.
The driver fled on foot and set off a widespread search by police from Pelham, Salem, Hudson and New Hampshire State Police.
Windham and Salem police officers apprehended Carvalho in the woods "dressed in all black" with the help of a K-9, according to the affidavit.
The woman told police she was forced to the floor at gunpoint and restrained with zip ties by the men.
Prosecutors say Carvalho was in possession of a 12-gauge Remington shotgun when he was arrested.
At the hearing on Monday, Carvalho agreed to stipulate that he was in possession of the weapon, and was legally barred from possessing it because of a previous felony conviction.
Opening statements are scheduled to begin at 10 a.m.