Homeless Felon, Burglar Arrested On Stolen Property And Drug Possession Charges In Concord

CONCORD, NH — A homeless felon, now located in Concord, is facing new charges after incidents in Concord.

James L. Merchant, 40, was arrested on two felony possession of drug charges, as well as falsifying physical evidence and receiving stolen property, two prior convictions, both felonies, and a breach of bail charge in October.

The drug charges involved possession of methamphetamine and fentanyl at the Ralph Pill Marketplace at 22 Bridge St. on Oct. 5, according to court documents.

In the stolen property case, police were sent to Triangle Park Drive for a report of a man stealing about $500 worth of merchandise from Home Depot and he had fled toward Ocean State Job Lot on Oct. 31.

While en route to the scene, an officer saw a suspect matching the thief’s description near the store, according to an affidavit. The officer said they made eye contact and then the suspect hid behind a rack of plants outside the store, the report said. The officer said the suspect was carrying a Milwaukee tool bag that looked “new and clean.” The suspect “was getting aggravated,” so the officer placed him in handcuffs.

After looking at the tool kit bag, the officer reported seeing a new driver set with the plastic still on it. The man was asked for his name, but refused, the officer wrote. The suspect was then taken to police headquarters.

An inventory of the bag found five packs of Energizer AAA batteries, 16 Diablo cutoff discs, eight Diablo continuous rim blades, a 3-inch Diablo general purpose wheel, a wrench, a driver, and a battery, all valued at around $690. As the officer inventoried the stolen items, they asked again for the suspect’s name, and he said, “James Merchant.” A watch commander informed the officer that Merchant was out on bail after being arrested on drug charges. After requesting it, Merchant was denied bail and held.

Later, the officer received video from Home Depot, which showed Merchant stealing the items, according to an affidavit. Ocean State Job Lot also provided a video of him walking near the store.

Merchant was held on preventative detention. Since he had two prior theft and stolen property convictions, the stolen property charge was elevated to a felony.

A probable cause hearing was held on Nov. 12. On Nov. 14, the drug possession, receiving stolen property, and breach of bail cases were boundover to Merrimack County Superior Court. The evidence charge was not forwarded.

Merchant is due back in court on Jan. 22 for a status conference.

Editor's note: This post was derived from information supplied by the Concord Police Department, Concord District Court, and Merrimack County Superior Court and does not indicate a conviction. This link explains the process for requesting the removal of a name from New Hampshire Patch police reports.

According to superior court records, Merchant’s criminal history dates back nearly 15 years, following an incident in the North Country.

In mid-October 2011, Merchant was charged with theft by unauthorized taking and reckless conduct after an incident in Berlin. In March 2012, he pleaded guilty to the theft charge and was sentenced to two to four years in prison, with 113 days of time served credit. In September 2015, Merchant’s sentence was amended, and he was given 135 days credit.

In January 2017, Merchant was accused of receiving stolen property-$1,501-plus-conspiracy in Claremont and burglary and theft by unauthorized taking-$1,501-plus-criminal liability for the conduct of another charges in Stoddard in March 2017.

In October 2017, Merchant pleaded guilty to one theft and two burglary charges in the Stoddard case and received two two-and-a-half-to-five-year prison sentences and one suspended three-to-six-year prison sentence. He was also required to pay restitution to Mr. Mike’s in Stoddard for $1,900, $6,613.49 to the department of corrections, and $7,340 to Atlas Distributors. Merchant was also given 126 days of time served credit.

Merchant was accused of assault by a prisoner in Concord in December 2018. In February 2020, he was sentenced to two to four years in prison, to be served consecutively to his existing sentence. In June 2015, Merchant’s sentence was amended and he was given 32 days of time served credit.

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