Staff file photo Devin Tappan, 33, formerly of 32 Kinsley St., Apt. 1, Nashua. Determined not guilty by reason of insanity Aug. 10, 2020, and committed to 5 years in State Prison Secure Psyciatric Unit.

By DEAN SHALHOUP

Senior Staff Writer

NASHUA – An agreement several months in the making has been reached by the attorneys in the murder case of former Nashua resident Devin Tappan, who was charged in early 2017 with bludgeoning to death a 45-year-old man in a Kinsley Street apartment.

A Superior Court judge earlier this month accepted Tappan’s plea of not guilty by reason of insanity to the charge of knowing second-degree murder, which sets the stage for Tappan’s committal to the State Prison’s Secure Psychiatric Unit for a period of five years, “subject to renewal every five years thereafter,” according to Judge Charles Temple’s order.

Tappan, 33, formerly of 32 Kinsley St., Apt. 1, had initially entered pleas of not guilty to two second-degree murder charges – one that accused him of “knowingly” causing the death of Javier Rivera Afanador, and one alleging he “recklessly” caused Afanador’s death.

According to Temple’s order, the court will dismiss the “reckless” murder charge once the not guilty by reason of insanity (NGRI) plea is entered and accepted.

Meanwhile, Tappan has been in jail since his arrest in January 2017, shortly after police discovered Afanador’s body while conducting a well-being check at his residence.

At the time, Afanador was either Tappan’s roommate or his neighbor at 32 Kinsley St., the large, multiple-unit residence that years ago was the home of the former Maurice L. Bouchard Funeral Home.

Tappan was accused of killing Afanador by striking him in the head multiple times with a hand weight, according to police reports.

Earlier this year, the case was on track for a June trial, but it was cancelled as the parties continued to work toward an agreement. The negotiations involved a series of motions and notices filed by the parties.

Among those were notices of self-defense and an “insanity defense,” filed by Tappan’s lawyer, Attorney Paul Borchardt, who is representing him with Attorney Eleftheria Keans.

According to Temple’s order, meanwhile, he notes that pursuant to state law, the court must hold a hearing within 40 days of the date the finding of not guilty by reason of insanity (NGRI) is entered.

The purpose of the hearing, according to Temple’s order, is to determine “by clear and convincing evidence” whether the defendant “suffers from a mental disease or defect, and whether his release would create a substantial risk of harm to himself or others, or a substantial risk of damage to property of another.”

The order isn’t specific as to whether that hearing is necessary, or if the court and the parties agree that sufficient clear and convincing evidence exists.

Temple did write that the existence of clear and convincing evidence “on the issue of dangerousness is presumed” when the charges against the defendant “involve serious bodily injury or property damage.”

Dean Shalhoup may be reached at 594-1256 or dshalhoup@nashuatelegraph.com.

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