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Nashua man sentenced to prison time on charges stemming from 2017 shootout with police

By Dean Shalhoup - Senior Staff Reporter | Apr 19, 2021

Brian Bender, 34, of Nashua

WORCESTER, Massachusetts – Nashua resident Brian J. Binder, 34, arrested in September 2017 on charges accusing him of pulling a gun from a backpack and shooting at Lunenburg police officers checking on a report of a suspicious person, has been sentenced to two prison terms of 5-6 years each, according to the website of the Worcester Telegram & Gazette newspaper.

The two terms are to be served concurrently, meaning at the same time, the newspaper story states. Other conditions of sentencing include two years of probation, that Binder submit to a mental health evaluation and receive treatment as recommended, take all prescribed medicine as directed, and have no contact with the victims.

It’s not clear if Binder had reached a plea agreement in the case, or whether he was found guilty, either by a jury or a judge following a bench trial.

The sentence was handed down by Worcester County Superior Court Judge James G. Reardon Jr.

Binder’s sentencing comes roughly 3 1/2 years after the incident, which occurred early the morning of Sept. 29, 2017, the Telegram & Gazette reported.

The story states that officers were called to a home on Chase Road in Lunenburg, which is Route 13, to check on a suspicious man in the area.

As officers tried to make contact, according to police reports and statements by the district attorney quoted by the T&G, Binder pulled a handgun from his backpack and shot at least two times at Sgt. Jack Hebert and Officer John F. Morreale, missing both officers, the police report states.

Police returned fire, hitting Binder once in the hand, according to the district attorney, who said that Binder then ran away from the officers, eventually dropping his gun and heading into the woods, where police located him and took him into custody a short time later.

Binder was taken to a local hospital for treatment of the gunshot wound to his hand, and later released.

Binder’s criminal history includes several cases in Strafford County, New Hampshire, one of which, from 2009, involves a series of charges accusing him of kidnapping, first-degree assault and several related offenses.

He was convicted in 2010 and sentenced to prison, and, according to news reports at the time, had been released in August 2017 – just weeks before his arrest in Lunenburg.

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

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