State v. Jeffrey Woodburn – Decision on Re-trial

Concord, NH – Attorney General John M. Formella announces that the State of New Hampshire will not re-try Jeffrey Woodburn on charges of simple assault and domestic violence, leaving Mr. Woodburn to be incarcerated for his previous criminal mischief convictions.

In 2019, the State charged the defendant Mr. Woodburn with four counts of simple assault, RSA 631:2-a, two counts of domestic violence, RSA 631:2-b, I(b), two counts of criminal mischief, RSA 634, I, III, and one count of criminal trespass, RSA 635:2, I, relating to a series of incidents between the defendant and the victim, his domestic partner. For the charges at issue in the re-trial, the indictments alleged that in December of 2017, the defendant bit the victim on the hand.

After a trial in May of 2021, a Coos County Superior Court jury found the defendant guilty of simple assault and domestic violence for the December 2017 biting incident. The jury also found the defendant guilty of two counts of criminal mischief and acquitted him of the remaining charges. The defendant was sentenced to serve a term of 12 months in the house of corrections, with all but 30 days suspended, on the criminal mischief convictions.

In March of 2023, the New Hampshire Supreme Court reversed and remanded the simple assault and domestic violence convictions for re-trial, ruling that the trial court improperly failed to instruct the jury on self-defense. After a re-trial on those charges, concluding on March 14, 2024, a second Coos County Superior Court jury was unable to reach a verdict, resulting in a mistrial. Mr. Woodburn is now appealing the remainder of his prior convictions to the New Hampshire Supreme Court.

Attorney General Formella has concluded that the State will not re-try Mr. Woodburn on the simple assault and domestic violence charges, and issues the following statement:

“After prosecuting this case for nearly six years and two jury trials, I do not reach this decision lightly. Domestic violence is a serious, ongoing issue that must be addressed with the utmost care and resolve. The Department of Justice, including the Criminal Justice Bureau and the Office of Victim Witness Assistance, is committed to upholding the law and supporting victims of domestic violence throughout the State of New Hampshire.

The State has tried Mr. Woodburn twice and secured convictions on certain charges against him. Taking into consideration the recent mistrial after a hung jury on several remaining charges, as well as other relevant factors, I have made the decision to not bring these remaining charges against Mr. Woodburn to trial a third time. I want to thank the victim in this case for her courage and strength in coming forward and testifying about the personal and intimate details of her relationship with Mr. Woodburn in a public courtroom. We will continue to stand with the victim as she and her loved ones take the time they need to heal.”

With the decision not to re-try Mr. Woodburn on the simple assault and domestic violence charges, those charges will be dismissed. It is anticipated that Mr. Woodburn will be incarcerated for 30 days pursuant to his prior convictions once his appeal of those convictions is concluded.