Not guilty: N.H. state senator Keith Murphy cleared of charges he physically assaulted employee

Murphy faced misdemeanor charges of assault and criminal threatening after an employee, Nicholas Soter, called police to report that Murphy had spat on him during a heated dispute over tips in April 2023. Soter testified that he heard what sounded like Murphy preparing to spit during the argument, then felt liquid on the back of his neck.

The prosecutor, John G. Blanchard, showed surveillance video from the restaurant and argued it corroborated the gist of Soter’s testimony, even though it’s not clear from the video whether any substance left Murphy’s mouth and struck Soter. The nearly 10-minute video clearly shows a heated argument between Murphy and Soter as the two moved through several areas of Murphy’s establishment at the corner of Elm and Auburn streets, which includes Murphy’s Taproom.

Murphy took the stand Thursday to testify in his own defense. He said Soter, a waiter, had lost his temper while complaining about how long it would take to receive the tips he was owed from credit card transactions.

“He was in a rage,” Murphy said. “He was not, in my opinion, acting in a rational way.”

Murphy testified that he was concerned Soter’s behavior would create a dangerous situation, so he directed him to leave at least three times. The alleged physical contact between them came as Murphy said he was trying to “herd” Soter to the exit.

Soter testified on the first day of the trial that he had immediately attempted to leave, but needed to retrieve his keys and other personal belongings before he could do so. He said Murphy followed him around the restaurant and degraded him.

“I felt scared, really, because this is my employer,” Soter said.

Murphy said he never intentionally spat on Soter, though a small amount of spittle may have inadvertently left his mouth and landed on Soter as they shouted back and forth. Had the surveillance video included audio, it would be clear that he was insisting that Soter leave, Murphy said.

Murphy’s attorney, Donna J. Brown, said after the trial concluded that the law allows someone to use reasonable force to remove someone from their property, and Soter knew he had been told to leave.

“Under the circumstances, we felt Keith Murphy was very restrained, and we felt this was the right verdict from the beginning,” she said.

In announcing his verdict, Gleason said the witnesses had demonstrated their credibility and the state had failed to prove beyond a reasonable doubt that Murphy had committed the offenses as charged.

Blanchard declined to comment, and Manchester City Solicitor Emily Gray Rice did not respond Thursday to a request for comment.

Brown had argued in court filings last fall that the police had an axe to grind against Murphy because he voted against a pension bill the Manchester police union had lobbied him to approve, and he voted in favor of a marijuana legalization bill that Chief Allen Aldenberg had opposed. She sought a variety of records, including any emails regarding Aldenberg’s involvement in the decision to bring charges against Murphy.

“We were looking for more information on that,” Brown said. “That was denied. So who knows where that would have gone.”

Heather Hamel, a spokesperson for the Manchester Police Department, said in a statement Thursday that Murphy’s arrest was based on probable cause under standard procedures and supported by video evidence after an investigation in which multiple people were interviewed.

“The warrant for arrest was authorized by a judge, indicating that the grounds for the arrest were deemed valid,” Hamel said.

Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.