July 08. 2013 1:31PM

Judge will decide competency of Derry man facing gun charges

Union Leader Correspondent

BRENTWOOD – A judge will determine next month whether a Derry man who allegedly pointed a handgun at his brother-in-law and threatened to kill him last August is competent to stand trial.

Gary Griffith, 59, was charged with felony reckless conduct, criminal threatening and resisting arrest following an incident outside of a home on Island Pond Road where he lived with his sister last Aug. 12.

About a month after his arrest, public defenders raised concerns that Griffith was not competent to stand trial.

A judge allowed the defense to seek a competency evaluation for Griffith, but a forensic examiner was unable to make a final decision because of a lack of records that were requested but not provided, according to prosecutors.

Judge N. William Delker is expected to hold a hearing on Aug. 2 in Rockingham County Superior Court to hear testimony about Griffin's evaluation before deciding whether he is competent to stand trial.

Derry police said they were initially called by Griffith's sister to her home last August because she wanted advice about dealing with her divorce.

Soon after police arrived, they learned that Griffith allegedly pointed a handgun twice at his estranged brother-in-law.

The victim, John Domenicis, went to the home after arguing with his estranged wife on the phone, police said. When he tried to enter the home sometime after the phone conversation, he was threatened by Griffith, according to police.

"Gary told him that if he came any closer he would kill him," police said in an affidavit, recounting statements from the victim. "Gary also said that he had a loaded shotgun and was prepared to use it."

Griffith's sister, Diane Domenicis, told police that her brother suffers from a brain injury, "and does not fully understand everything," the police affidavit said.

Police noted that the gun was fired in a residential neighborhood. His home had houses on both sides of it and others across the street. A neighbor also told police that Griffith fired the gun while a car was driving by.