MANCHESTER, NH – A city man who last May pointed a gun at peaceful Black Lives Matter protesters outside the Manchester Police Department was sentenced Monday to 12 months in the Valley Street jail after he pleaded guilty to a felony charge of criminal threatening.
Scott Kimball, 42, of Jewett Street, but currently being detained in the county jail, also pleaded guilty to a second criminal threatening charge and was given 3 ½ to 7 years, suspended for five years, to the New Hampshire State Prison for Men.
If, after he is released from jail, he violates conditions of the sentences, prosecutors can seek to have the maximum sentence of 10 to 30 years imposed, Hillsborough County Superior Court Judge William N. Delker said.
Kimball also must undergo a mental health evaluation and racial sensitivity training.
He received pre-trial credit of 254 days.
In accepting the negotiated pleas, the judge noted that Kimball did not have a criminal history. However, he said a couple of weeks ago he sentenced a young man to jail for attempting to incite a riot during a Black Lives Matter protest. He said he viewed both cases as bookends of the same problem.
In this country, Delker said, the right to free speech and the right to protest is “virtually sacrosanct” and enshrined in the First Amendment.
“We need to jealously guard that opportunity for everyone who wants to express their opinions,” he said. “And when people resort to violence no matter what side of the debate they’re on, that jeopardizes the rights of all Americans to exercise their First Amendment rights. That behavior needs to be dealt with extremely seriously.”
Given that Kimball does not have a criminal record, Delker said he found the sentences that were negotiated to be appropriate.
The two victims were agreeable to the sentencing, according to Assistant Hillsborough County Attorney Brad Bolton. One, he said, suggested Kimball be ordered to undergo racial sensitivity training.
Victim witness advocate Megan Vaux read an impact statement on behalf of one of the victims. In it, the victim said they marched for equality in the justice system, against police violence and to ensure liberty and justice was for all.
Victim’s Statement:
“We marched for equality in the justice system, and against police violence, to be sure that liberty and justice was for ALL, and you said ‘no.’ You gave us an example of why we must all still struggle for racial justice and equality. Today and every day. Racism is as American as Baseball, from Policeman to Politician, and from the Classroom to the Courthouse. You (both) could be a Ward of the state for years to come, but instead have been given an opportunity to learn and understand why we were there, why Black Lives Matter.”
The victim said Kimball could have been a “ward of the state” but instead was given the opportunity to learn why Black Lives Matter.
Kimball and his son, Mark Kimball, 19, were arrested May 30, 2020, after both allegedly pulled guns on the protesters outside the police station.
A final pre-trial hearing is set for May 5 in Mark Kimball’s case with jury selection scheduled for May 17.
That afternoon, Scott Kimball disrupted the sit-in of about 100 protestors when he drove a truck, displaying a large Trump flag, by the group that afternoon. The sit-in took place after a peaceful march down Elm Street which drew an estimated 1,000 people. Organizers said the later protest was an attempt to initiate a dialog with police.
At the police station, things turned ugly when a young man saw Kimball’s black 2005 Dodge Ram 1500 truck, with a huge Trump flag in its bed, coming up Valley towards the police station.
The Kimballs and the young protester hurled obscenities at each other.
Two self-described “peacemakers,” men who were acting as medics for the protesters, if needed, approached the truck. As they were walking toward it, however, someone in the crowd threw a water bottle at the truck.
The Kimballs, both holding handguns, immediately got out of the truck, according to police.
“You want some of this,” Scott Kimball said as he allegedly drew a handgun from his waistband and pointed it at the crowd.
Mark Kimball faced the crowd with a gun in his right hand, which was pointed at the ground “but in the general direction of the crowd,” one of the victims told police.
He and the other victim tried to talk to Scott Kimball but he instead pointed his gun directly at them.
He feared Scott Kimball was going to shoot him.
The other victim corroborated his story, police said.