Nashuan ordered to serve two days of deferred sentence

NASHUA – Joseph Hanby agreed in March to plead guilty to a misdemeanor-level domestic violence charge in exchange for a deferred one-year jail sentence – as long as he complied with all the conditions listed on his sentencing order.

But at a review hearing last week in Hillsborough County Superior Court South, Judge Jacalyn Colburn came to the conclusion that while Hanby has “made some efforts to comply” with those orders, he is nevertheless “not in substantial compliance.”

Colburn thereby sent Hanby to jail for two days, a decidedly brief term apparently intended to prod Hanby into fuller compliance with the order.

The balance of his sentence – 363 days – remains deferred until March 2, 2019, when the one-year deferred sentence imposed on March 3 expires.

Hanby at that sentencing hearing entered the guilty plea to the charge of domestic violence – criminal threatening, which, per the agreement, was modified to a misdemeanor from a Class B felony.

The charge accuses Hanby, now 43 and a resident of 4 Gillis St. in Nashua, of telling a woman known to him that he would shoot her if she called police.

The threat came during a domestic argument in June 2017 at Hanby’s former residence in Litchfield.

Judge Charles Temple, who presided over the March hearing, told Hanby “it’s time for you to get a handle on your life … time for you to get assessed,” he said, referring to the alcohol problem Hanby admitted to battling, and which was addressed in an impact statement a victims advocate read in court on behalf of the victim.

Temple said he accepted the plea agreement with the deferred sentence because getting the evaluations was a much better option for him than a stint in jail.

While Colburn, at last week’s hearing, wasn’t specific when addressing Hanby’s alleged lack of substantial compliance, his sentencing orders included submitting to evaluations by a licensed alcohol and drug counselor and a mental health professional.

Colburn also ordered Hanby to provide written proof showing he completed the court-ordered IOP – intensive outpatient treatment – and was continuing to receive mental health counseling.

Should Hanby not provide that proof, Colburn wrote, the balance of his original 12-month jail term will be imposed.

Dean Shalhoup can be reached at 594-1256, dshalhoup@nashuatelegraph.com or @Telegraph_DeanS.