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Harrison Thorp  ONLY IN THE VOICE

ROCHESTER - An affidavit obtained by The Rochester Voice describes the moments leading up to the physical takedown and arrest of Robbins Automotive owner Douglas Robbins soon after police arrived at his Summer Street business to serve him a hand summons for an illegal fireworks display on the 4th of July.
According to the July 6 affidavit filed by Patrol Officer Riley LeClair, when he and Rochester Police Sgt. Shane Downs arrived at Robbins’ business around 9:30 p.m. they “advised Robbins that he would be issued a hand summons, and he was escorted towards police cruisers” that were parked on nearby Columbus Avenue.

Meanwhile, Robbins has told The Rochester Voice that when Rochester Police Officers told him he was going to get a summons for illegal fireworks he raised his hands with his license in one hand for them to take it to their cruiser and fill out the summons form, but they insisted he walk with them to the cruisers parked on Columbus Avenue.
“I kept my hands up and was doing what I was told, they (officers) were pushing me, and as I crossed the railroad tracks I still had my hands up,” Robbins said. “Some in the crowd were cheering me, then someone (an officer) grabbed my leg and flipped me backward. I rolled my arms to keep my balance. It was not my intention to hit a cop.”
He told The Voice that as he fell backward he moved his body so that his head would hit on grass, not pavement.
As police officers arrested and put cuffs on him some in the crowd moved nearer to Robbins and the multiple officers involved in the physical arrest, but Robbins vehemently denies he was trying to escalate the situation.
“When the cops had me cuffed, and the crowd closed in I told them to ‘back up!’“ he said. “So how can they say I was enticing a riot.”
Robbins has added police could have sought to de-escalate the situation but never did. He believes officers were trying to provoke a confrontation to place him under arrest.
“As I was walking to the cruiser one officer grabbed my leg, and I went to the ground,” he said. “I’ve got bruises and scratches to prove it.”
Devin Robbins, Douglass’ wife, questions why police did not just serve him with a summons at his automotive shop instead of escorting him to the cruisers to serve him the summons.
Robbins, a former Rochester mayoral candidate, is facing up to three years in county jail, and his wife, Devin, faces up to two years if convicted of crimes they are accused of in the Independene Day fireworks incident outside their downtown garage on Summer Street.
Doug Robbins, 42, is charged with Disorderly Conduct, Resisting Arrest and Obstructing Government Administration, all Class A misdemeanors that carry up to a year in jail.
Devin Robbins, 42, is charged with two Class A misdemeanors including Resisting Arrest and Obstructing Government Administration.
Meanwhile, Frederick Sullivan, 59, of Rochester, faces the stiffest sentence: four years in county jail for Class A misdemeanors for Disorderly Conduct, Resisting Arrest, Obstructing Government Administration and Hindering Apprehension.
Two other men, Bernard Downs, 57, and Peter Reppucci, 42, both of Rochester, could each get a year for Disorderly Conduct, a charge that is often filed as a lesser charge. The elevated penalty of jail time usually comes into play if suspects do not cease and desist upon being told to do so by law enforcement, according to New Hampshire statute.
The dates of arraignment against Bernard Downs, Sullivan and Reppucci have not yet been filed with Rochester District Court.
Douglass Robbins is being represented in his bench trial by Manchester attorney John F. Durkin Jr., while the prosecution will be led by the Strafford County Attorneys Office Felony Division.
Judge Philip D. Cross will preside over Douglass’ Oct. 27 bench trial, in which the judicial officer, or judge, determines the guilt or innocence of the individual charged.