New Info Revealed In Court For Accused South Willow Street Shooter

MANCHESTER, NH — Tyrese Harris, 23, accused of two counts of second-degree murder, appeared in Hillsborough County Superior Court North on Thursday for an evidentiary hearing.

Harris was accused of killing Dzemal Cardakovic, 45, in what has been described as a road rage incident on South Willow Street in late October.

Assistant Attorney General Adam Woods presented evidence and interviewed Manchester Police Detective Austin Biery. Multiple witnesses and video surveillance showed an encounter between the people driving the cab of a tractor-trailer and the driver of a Honda CR-V. Witnesses gave police consistent statements that the SUV, driven by Harris, cut off Cardakovic coming onto South Willow from the Interstate 293 offramp. At one point, witnesses said the truck sounded its horn, and Harris “flipped off” the truck driver. When the vehicles came to a stop a short distance away, it was reported that Harris threw a container at the truck.

Cardakovic was seen on video getting out of the truck, approaching Harris’s car on the driver’s side, and attempting to open the car door. Witnesses who stopped in traffic said that Cardakovic reached in through a partially rolled-down window. At the moment of reaching through the window, Harris fired a single shot from a tan-colored firearm. Cardakovic fell to the ground, and Harris sped off from the scene, according to witnesses.

A witness to the shooting followed Harris’s car, which proceeded south and cut through the parking lot of a gas station at the corner of Goffs Falls Road and continued to leave the area at a high speed and in what was described as an erratic fashion.

Harris’s car was occupied by his pregnant girlfriend, who said in a police interview that she was looking down at an item in her hand at the time of the shooting and did not witness the confrontation.

Police had several people verify the plate of the vehicles that fled the scene and were listed to Harris. The description from witnesses of the driver matched the photos on file of Harris. Harris reportedly parked the vehicle and went to a home on Bodwell Road where he and his girlfriend lived.

After surveillance of the apartment building, police followed the vehicle when it left and did a high-risk stop at gunpoint. Harris was taken into custody without incident and brought to the station for an interview with detectives.

Biery testified Harris said he was scared and didn’t know what to do. He found out that the victim had died at the scene, which worried him. He said in the interview he was scared when the truck driver walked up to him, spit at him through the window, and reached in and grabbed his shirt. Harris said he was worried about protecting his girlfriend, who was having a high-risk pregnancy, and had lost a child before.

Benjamin St. Pierre, an attorney with the public defender's office, said Harris feared from the size of Cardakovic, the demeanor, and the spit. He said Harris fired one shot, striking the victim in the head.

Defense Attorney Aileen O’Connell and St. Pierre say this was a self-defense case and Harris feared for his girlfriend’s safety and his own. They said that although Cardakovic was unarmed, based on his size, the demeanor witnesses described as angry and that Harris remained in the car are all mitigating factors. They outlined that Harris fired one shot and left the scene to get to a safe place, not knowing that Cardakovic was dead.

NH Assistant Attorney General Adam Woods told the court witnesses were consistent that Cardakovic was not saying anything or yelling, Harris had thrown an object at his truck, and fled the scene. Woods also said if Harris feared for his safety, he could have driven off, which is what he did immediately after the shooting.

After listening to the arguments about self-defense, Judge Diane Nicolosi took a short recess and asked for prosecutors and defense attorneys to do a presentation on the dangerousness of Harris to himself or others.

Woods said Harris had a prior criminal record, including criminal threatening and criminal mischief. Police were also involved with Harris when there were suicidal statements and removed firearms from Harris’s residence. After they removed them, Harris purchased additional firearms, allegedly including the one used in the South Willow Street shooting incident. Woods also mentioned an incident where Harris had allegedly threatened an employer, but when challenged by Nicolosi it was clarified Harris was never charged.

St. Pierre painted a much different picture of Harris, including pointing to him being a lifelong resident of Manchester, previously a star football player at West High school, and his mother is living in Manchester. He also pointed out Harris’s high school football coach came to the hearing to show support as well as many family members. St. Pierre also noted that Harris would be willing to turn over all firearms, wear an electronic ankle bracelet, abide by curfews, or be under house arrest.

Judge Nicolosi on Thursday said she would take the situation under advisement and issue a ruling that was expected last week.

Monday a copy of the ruling was obtained outlining Judge Nicolosi’s ruling

The Court finds that it was not reasonable for the defendant to believe that Mr. Cardakovic was about to use deadly force against him or his girlfriend. There is no evidence of a threat to the girlfriend.

With regard to a threat to him, as the defendant points out, there are certainly occasions when physical force, even a single blow to the head, could cause serious bodily injury or death.
To be sure, it is clear that Mr. Cardakovic by trying to open the defendant's door, spitting on him, and grabbing his shirt desired to do more than just talk, and that he intended to engage in some physical altercation with the defendant if he could get him out of the car. He did not, however, punch the defendant in a vital area or attempt to do so.

Moreover, the defendant invited this confrontation, not only by responding to the honking with an obscene gesture while the vehicles were moving but by throwing an object at the truck while they were stopped, all the while armed with a gun.

The defendant clearly provoked the use of force against himself in the same encounter and shared the same desire for a confrontation as did Mr. Cardakovic. Although Mr. Cardakovic's actions were certainly no more lawful or justified than the defendant's acts prior to the shooting, the defendant escalated the encounter to an in-person physical confrontation. Such affrontive behavior is consistent with anger and impulsivity, conduct that is occurring all too frequently on our roadways, and consistent with how the defendant was described by his girlfriend.

Furthermore, the Court does not conclude the use of deadly force was necessary. To avoid further spitting or physical contact, the defendant simply could have rolled up his window and kept his doors locked until the light changed.

The victim was unarmed. The defendant as an alternative could have driven away, as he did immediately after shooting the victim while the traffic was still stopped. Finally, the use of non-deadly force, the display of the weapon, may have deterred the victim from remaining had the defendant allowed sufficient time to pass for the display to have had an effect before the trigger was pulled. The defendant shot within seconds of the victim's approach.

Finally, the defendant's conduct after the shooting is not reflective of his belief that the use of deadly force was justified. The defendant fled. He did not notify the police or call for emergency medical care. He distanced himself from his SUV, where evidence of the shooting would be found. He apparently disposed of the gun.

Based on the totality of the evidence presented, the State has proved by clear and convincing evidence that the defendant committed second-degree homicide and did not act in self-defense or defense of another. Accordingly, the defendant shall be detained pending trial.

Harris will continue to be held at the Hillsborough County Department of Correction on preventative detention while he awaits trial.

©Jeffrey Hastings www.frameofmindphoto.com/news