Shooting death ruled self-defense

DOVER — The person who shot and killed Raymond Eldridge II outside Castaways Boathouse bar and restaurant in December and claimed he acted in self-defense will face no charges stemming from the incident, authorities announced Wednesday.

New Hampshire Attorney General Gordon MacDonald and Dover Police Chief Bill Breault said in a statement that while Justin Sabbattis, 46, had credibility issues, “the state cannot disprove Mr. Sabattis’ claim of self-defense beyond a reasonable doubt."

Around 10 p.m. on Dec. 18, Dover police officers were called to Castaways for a report of a man brandishing a handgun. When police arrived, Eldridge was outside the restaurant fallen by a pickup truck with a gunshot wound to the chest, Gordon and Breault said. Despite attempts to assist him, he died from that single gunshot wound.

Officers also encountered Eldridge’s friends and Sabattis, the owner of the pickup truck, who admitted to police he shot Eldridge with his legally owned gun. He claimed he shot at Eldridge in self-defense, alleging Eldridge entered Sabattis' truck and threatened his life. Eldridge was also armed with a handgun that was legal for him to own and possess. When police arrived, they said, Eldridge's gun was in a holster he was wearing.

After interviewing witnesses of the shooting and events leading up to it, and viewing security footage, investigators and prosecutors believe Eldridge and Sabattis, who didn’t know each other, got into an argument at the bar. Soon after, Sabattis left Castaways and returned about 10 minutes later to his truck and then reentered the bar and brandished a handgun, which prompted the initial call to police, authorities said.

Sabattis began to argue again with Eldridge, who also pulled out his gun, though neither pointed their firearm at the other, Gordon and Breault said. Sabattis left Castaways again and got into his pickup truck, according to authorities, adding Eldridge and his friend left the establishment within seconds after Sabattis left. Outside, Eldridge went to the passenger side of the truck while his friend went to the driver’s side, where Sabattis sat, authorities said.

Sabattis claimed Eldridge entered the truck and threatened to kill him, at which point he fired in self-defense, according to Gordon and Breault. Eldridge’s friend, who was at the driver’s side door when the shooting occurred and was the only eyewitness to the shooting, was unable to refute those claims, authorities said. The video surveillance evidence likewise does not contradict the claims made by Sabattis regarding his encounter with Eldridge inside his pickup truck, Gordon and Breault said.

“The use of deadly force is justified only if Mr. Sabattis reasonably believed that Mr. Eldridge was about to use deadly force against him,” Gordon and Breault said in their statement. Sabattis' self-defense claim is a complete defense under state law, meaning prosecutors would have to disprove the self-defense claim beyond a reasonable doubt to secure a conviction against Sabattis for causing Eldridge’s death, Gordon and Breault said in explaining why Sabattis will not face homicide charges.

However, they said, Sabbattis lied to investigators about critical parts of the investigation. “In particular, Mr. Sabattis initially claimed that he was never armed with a handgun outside of his truck, and also initially denied that he ever brandished a weapon inside the Castaways Boathouse,” Gordon and Breault said in their statement.

After completing the investigation into Eldridge’s death, the AG referred the case to the Strafford County attorney’s office for review and consideration of a charge other than homicide. The county attorney also declined to bring charges, Gordon and Breault said.