Telegraph photo by DEAN SHALHOUP Brian McCombs, who was granted personal recognizance bail at Tuesday's bail hearing following his arrest on two felony theft charges, speaks with his lawyer, Attorney Sarah Amorin, during the proceeding.

NASHUA – There isn’t much question that Nashua resident Brian McCombs’ long battle with substance use disorder is the primary driver of his similarly lengthy criminal record, McCombs’ attorney said in court Tuesday.

The best thing for McCombs, attorney Sarah Amorin told Judge Charles Temple, would therefore be a court order that sends him into one, or more, treatment programs, rather than to jail.

Temple agreed, ultimately granting Amorin’s request that McCombs be released on personal recognizance bail “subject to substance use disorder treatment,” which includes orders that he undergo an intake assessment within 24 hours of his release.

McCombs must then enter, and successfully complete, a recommended treatment program, attend all his scheduled court hearings, and stay out of trouble – or have his $10,000 cash or surety bail reinstated.

The alleged offenses that brought McCombs, 26, to Hillsborough County Superior Court-South Tuesday – two counts of felony theft – stem from his arrest Monday on warrants police issued after an investigation into two reported thefts on two consecutive days in December.

Both charges are Class B felonies because McCombs has at least two prior theft-related convictions on his record.

They accuse him of stealing about $120 in merchandise from Marshall’s on Dec. 8, and roughly $255 in merchandise from Sierra Trading Post on Dec. 9, according to the police reports.

The stores are neighbors in the Royal Ridge Center at 213 Daniel Webster Highway.

Assistant County Attorney Brett Harpster said he also believes McCombs needs substance use disorder treatment, but voiced concerns regarding personal recognizance bail.

“I agree this man needs treatment, which I would be amenable to once I get more information,” Harpster said.

He cited McCombs’ “several open cases” as among his reasons for concern about the proposed immediate release.

Reading from McCombs’ record, Harpster listed charges, including resisting arrest, receiving stolen property, simple assault, willful concealment, multiple thefts, criminal mischief, drug possession, robbery and failure to appear in court, plus several theft, larceny, and six breaking-and-entering offenses originating from Fitchburg and Ayer, Massachusetts.

Some resulted in convictions, on which McCombs received a combination of suspended sentences and stand-committed time.

As for the alleged thefts, police stated in their reports that Marshall’s employees called to report that “a male suspect” entered the store, “selected numerous items to include headphones, gloves and pliers,” allegedly concealed them in duffel bags “before leaving without paying.”

The next night, the same suspect, later identified as McCombs, allegedly entered Sierra Trading Post, “selected two backpacks and three pairs of shoes” before allegedly leaving without paying.

In post-arrest interviews, police said McCombs told detectives he has “a methamphetamine addiction … which he supports by selling or trading stolen goods.”

Rarely, McCombs allegedly told police, does he “keep any of the (allegedly stolen) merchandise for himself.”

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

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