Secret settlement conference to avoid trial in security guard's death now under way

Richard Semo, left, who died in December; Tyler Thurston is accused in his death. (Semo, Courtesy; Thurston, Rochester Police photo)

DOVER - Quietly and behind closed doors, prosecutors and family members of a slain Frisbie security guard are trying to piece together a settlement agreement that would avoid having to take the case to trial, likely a trauma-filled and painful exercise for both the family of the victim and the accused.

Tyler Thurston, 30, of New Durham, who has faced numerous mental health issues, according to his defense attorney, is accused of punching Frisbie security guard Richard Semo, 64, in the face around 3:20 a.m. on Dec. 13 in the hospital's emergency room parking lot.
Rochester Police say Semo, of Farmington, a former Marine drill sergeant, then fell hitting his head on the pavement in the hospital's emergency parking lot. He was unresponsive when police found him and died five days later at Portsmouth Regional Hospital from a brain bleed.

Strafford County Attorney Tom Velardi said settlement conference proceedings are always confidential, but did share that a member a Semo's family is actively participating in the proceedings.

"I am hopeful that the settlement conference will lead to a resolution of the case," Velardi said last week after the first conference was completed at Strafford County Superior Court.

Thurston faces a 15-30 year prison sentence if convicted of manslaughter.

A settlement conference generally is undertaken in civil cases, like an accident or divorce case, but can also be used in criminal cases, too.

Settlement conferences are presided over by a judge who meets with the attorneys for both sides separately before then having one-on-ones with the victim's and defendant's family.

According to justia.com, "the judge may transmit several offers and counteroffers, while also making their own recommendations. However, the judge cannot force the parties to agree to a settlement against their will."

Velardi said any resolution will be announced in open court, however court rules preclude revealing details of the settlement conference.

Velardi said there is no date set yet to continue with the negotiations.

During an April 22 hearing, defense attorney Carl Swenson said Thurston had released from a prison hospital less than 24 hours before the deadly encounter with Semo. Swenson also noted that Thurston had sought mental health services on seven occasions in the four months leading up the incident.

The settlement conference negotiations now in play are said to be the final chance for defense and the prosecution to come up with a mutually agreeable plea deal.

If no agreement can be reached a final pretrial conference would be held in February setting up a March jury trial.