A Weare woman is now the target of a state civil-rights enforcement action after investigators say she pulled a gun on a motorist last October, fired at his vehicle, and repeatedly told a 911 dispatcher the man was Black. The New Hampshire Attorney General’s Civil Rights Unit has filed a complaint accusing 67-year-old Diane Durgin of violating the state Civil Rights Act by threatening and attempting to damage property because of the victim’s race, even as separate criminal charges in Hillsborough County remain pending.
State files enforcement action
According to the civil complaint, Durgin allegedly pointed a firearm at the man, threatened to kill him after seeing his race, and then fired two shots at his vehicle as he tried to drive away. The filing, brought by Attorney General John M. Formella’s Civil Rights Unit, asks the court to impose civil penalties and a restraining order on Durgin, as reported by Boston 25.
How the encounter unfolded
Court documents reviewed by the Concord Monitor state the encounter began around 6 a.m. on Oct. 20, 2024, when the victim pulled onto Durgin’s property to complete a prearranged purchase. The memorandum says Durgin unholstered a pistol, pointed it at the driver, and used a racial slur. When the man tried to leave, she allegedly fired twice, missing his vehicle but forcing him off the road and into a ditch. A 911 transcript included in the filings quotes Durgin telling the dispatcher, “The guy is Black,” according to the report.
Criminal indictment and case status
A grand jury later indicted Durgin on charges that include reckless conduct with a deadly weapon, criminal threatening with a deadly weapon, and attempted first‑degree assault. That criminal case is moving forward in Hillsborough County Superior Court in Manchester. Separately, the civil complaint filed by the attorney general alleges three violations of the New Hampshire Civil Rights Act and seeks fines and a restraining order, according to the Concord Monitor.
Legal implications
State civil enforcement runs on a parallel track to criminal prosecution and allows the attorney general to pursue money penalties and court orders meant to stop bias-motivated conduct. The AG’s announcement notes that each statutory violation can bring a maximum civil penalty of $5,000, and the complaint asks the court for fines and a restraining order. The civil case gives the state an additional avenue to hold a defendant accountable while criminal charges proceed and can secure protections that a criminal judgment alone might not provide, as reported by Boston 25.
Both the civil and criminal matters remain active in the courts, and no trial date has been set in either case. Upcoming hearing dates will be set according to the Hillsborough County Superior Court calendar.
