MANCHESTER, NH – Accused killer Isaiah Rivera-Perez was bleeding from a head wound when he told investigators he was a victim of a home invasion and had fired at two fleeing armed men because they were on his property and he could “stand his ground.”
Rivera-Perez, 23, of 276 Central St., is charged with second-degree murder in the July 14, 2020, shooting death of Jaden Connor, 17. Connor died from a bullet wound to his left upper torso, according to an autopsy performed by Associate Medical Examiner Christine James.
That night, officers found Connor about 150 feet away from Rivera-Perez’s residence, dead in the street. No firearm was found on or near him. However, video recordings from neighboring buildings captured two individuals running from the scene that night and one collapsing to the ground. The other ran back to the fallen person, bent down to pick up something and then ran off.
According to an affidavit by Detective Alexander April filed in 9th Circuit Court – District Division – Manchester, Rivera-Perez was home with his wife, two children, ages 3 and 1, and his stepmother the night of the shooting.
Rivera-Perez told police he shot at armed intruders who had robbed him inside his home. He told them he emptied his .40 caliber Smith and Wesson, firing in the direction of the intruders. Police recovered six spent casings outside.
Rivera-Perez said he was pistol-whipped by one of the four intruders and beaten by them all.
April, in court documents, explained New Hampshire’s law concerning self-defense and stand your ground claims. He said NH law does not recognize what is sometimes referred to as the “fleeing felon” rule with respect to the use of deadly force by private citizens. In the Granite State a private citizen cannot use deadly physical force against a fleeing felon even when the felon just committed a violent felony and may be armed with a deadly weapon, based on those circumstances alone.
Under state law, a private citizen is legally justified in using deadly physical force when he reasonably believes that someone:
- Is about to use unlawful, deadly force against the actor or a third person; or
- Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary; or
- Is committing or about to commit kidnapping or a forcible sex offense; or
- Is likely to use any unlawful force in the commission of a felony against the actor within such actor’s dwelling or its curtilage.
Rivera-Perez was interviewed twice by investigators. In the first interview on July 14, he told them he deals marijuana from his home and on the evening of July 14, a lone buyer arrived at his home about 11:15 p.m. Rivera-Perez invited him inside to complete the sale. The buyer asked to use the bathroom and Rivera-Perez escorted him to it and then went to wait for him in a nearby “game room.” While waiting, three intruders entered the game room, using a door near the bathroom. All three were armed – one with a revolver and the other two possibly with pistols – and wearing surgical-style masks and hospital-type rubber gloves.
The three men began looking around for items to steal, presumably marijuana and cash, according to April. Rivera-Perez said he was struck multiple times in the head and face, primarily by the “black” man with the revolver, who used the weapon to bludgeon him. The intruders continued to beat him while looking for items to steal.
Ultimately, the armed robbers and the buyer all ran from his home. Rivera-Perez grabbed his .40-caliber Smith and Wesson, which he legally obtained and which was loaded, and pointed it at the fleeing men. He was unable to fire it, however, because he either did not slide back the top of the gun to chamber a bullet or did not deactivate the safety mechanism. April wrote that Rivera-Perez provided different explanations at different times.
He also told investigators that just after he tried to shoot at the robbers, he noticed his young son was standing in the area where he intended to shoot.
Rivera-Perez chased after the men as they fled. The men were at the front gate to his home – Rivera-Perez was uncertain whether they were inside or outside the gate – and he fired his gun in the “vicinity” of them. In his first interview, he said he fired to get the men off his property. Police asked what he feared when he fired at them while they were running away and he said he wanted them off his property.
An hour into that interview, Rivera-Perez said someone fired at him while he was outside his home. Standing on the sidewalk in front of his home to pick up a bag of marijuana the robbers dropped, Rivera-Perez said men “up the street” turned around and fired twice at him, sending him running into his house.
In his July 24 interview, he said two of the men were at the gate while the other two were further away on Central Street. He said he fired two shots at the men at the gate because they were armed and on his property and he could “stand his ground.” Repeatedly asked what he perceived to be the threat at that point, he referenced their previous actions inside his home, noting when he fired his gun they were trespassing.
After firing two shots from his front porch, Perez said he went to the sidewalk to retrieve the bag of marijuana when he heard two gunshots. He turned and emptied his gun in the “general area” where he heard the gunshots.
Rivera-Perez is to be arraigned on the second-degree murder charge Thursday in Hillsborough County Superior Court – Northern District.
