Sheriff Mark Brave, charged with theft and perjury, on verge of removal from job

DOVER — County leaders are moving toward removing Strafford County Sheriff Mark Brave from office following his arrest on felony charges that could send him to prison for decades.

Brave, however, as of Friday, had refused requests from county leaders to go on paid leave as his case proceeds and continued to deny any wrongdoing.

"I was asked to step down, but I am not doing that," said Brave, 38, who was elected as the state's first Black sheriff in 2020 and reelected in 2022. "This is a political and racist attack, and I am not sitting still for it. I wholeheartedly feel I will be vindicated, so why would I step down?"

Brave turned himself in Thursday to New Hampshire State Police. He was charged with eight felonies: theft by deception for using about $19,000 in county funds by seeking reimbursement for personal expenses with false justifications, two counts of falsifying physical evidence and five counts of perjury for lying to a Stafford County grand jury, according to state Attorney General John Formella. The lies involved attempting to cover up extramarital affairs and spending county money on trips to Florida, Boston and Maryland, according to the allegations.

Strafford County commissioners on Friday announced a special meeting will be held at 11 a.m. Monday, starting with a nonpublic session with County Attorney Tom Velardi, followed by a public session regarding Brave's employment status. Commissioners could vote to petition for Brave's removal, which would have to be approved by the county's delegation of state representatives.

If Brave were to work as sheriff, he would have to do so without having contact with eight members of the Strafford County sheriff's office command staff, according to the bail order Brave signed after his arrest. All eight are listed among potential witnesses listed in the no-contact section of Brave's bail order. The bail order also prohibits Brave from traveling outside New Hampshire and possessing a firearm or other weapons or ammunition.

Brave acknowledged this reality Friday, but also said he would attempt to get his bail conditions changed.

"I will reevaluate me taking a leave of absence after attempting to plead with a judge to amend that original bail order because it's unfair and it's basically accomplishing the goal that the commissioners had from the get-go specifically George Maglaras," Brave said.

Strafford County commissioners, for the second time since the investigation began in June, offered Brave a chance to take paid administrative leave, pending the outcome of his case.

"The offer was made to him after a collective decision by the Board, the County Attorney, and County Administrator, for the sheriff to go on administrative leave pending the outcome of the investigation and trial with pay," the commissioners said in a prepared statement. "We do this because people are innocent until proven guilty and that is standard county policy for all employees. We hope he reconsiders that offer."

Strafford County Commission Chair George Maglaras is excluded from the proceedings regarding Brave because he is expected to be called as a witness during Brave's trial. Maglaras and commissioners Deanna Rollo and Robert Watson are all elected Democrats, as is Brave.

What is process for Strafford County leaders to remove Brave from office?

Monday's 11 a.m. meeting will be held in the county commissioners' conference room at 259 County Farm Road in Dover. A link to view the meeting will be posted at co.strafford.nh.us/department/commissioner-s-office, according to Ray Bower, Strafford County administrator. He said the sole purpose of the meeting is to discuss Brave's arrest and how to handle it. Bower said questions will be taken from the public.

While the commission has known about the attorney general investigation into Brave for many weeks, Bower said they had no idea the charges were coming until the day Brave was arrested.

Bower said if commissioners vote to petition for Brave's removal, the county delegation of state representatives would vote on whether to remove Brave at a future date that has not yet been determined. This process is in accordance with state law for elected county officials.

Bower said asking Brave to be placed on administrative leave is standard policy for the county.

“In general, everyone who is accused of a crime, or even a serious county policy violation is put on paid leave,” Bower said. “Just in the past year, we placed two members of his department on leave. The offenses turned out to be nothing to pursue, but that is just the first step we generally take.”

Brave said he won't be able to attend Monday's meeting if his bail order isn't changed. Bower and other county staff are on his no-contact list. The no-contact order also includes all staff members of Congressman Chris Pappas and police chiefs in Portsmouth and Manchester.

Brave asserts he is innocent

Brave briefly described his Thursday arrest.

“I was photographed and fingerprinted,” he said. “They use invisible ink now so at least I am not still trying to wash off black ink.”

Brave is facing up to 31½ to 64 years in prison and fines of up to $32,000 if convicted on all counts, according to Formella.

Brave acknowledged that the charges against him are serious.

“But in my career, I have learned that you can charge anyone with anything,” he said. “It is not until a jury looks through all the evidence, that’s where the truth comes out. I know I did nothing wrong, and I wholeheartedly believe I will be vindicated.”

Brave previously explained his allegation of racism in the investigation, stating Maglaras told him he was "the token Black guy .... but that my time was almost up." He said Maglaras made the comment behind closed doors. Maglaras in July denied making the comment, calling Brave's accusation "ridiculous" and a tactic by a "desperate man."

Details of allegations against Brave

Formella said Brave is alleged to have deceived Strafford County officials and "attempted to hide the personal nature of these purchases by falsifying one receipt to remove the identity of a female companion, and by submitting numerous false justifications for reimbursement such as attending conferences and meetings that he did not attend, that did not exist, or for organizations that did not exist."

The first perjury charge involves a woman on the county sheriff's staff who traveled with Brave to Florida, according to Formella. The woman had told investigators she did not stay in the same hotel room as Brave but had stayed with family instead. She later admitted to the grand jury that she did stay in the same hotel room as Brave, Formella said, but Brave is alleged to have repeated her earlier lie.

The second perjury charge alleges Brave stated that he attended events for a fictitious law enforcement organization, Formella said.

The third perjury charge relates to a trip Brave took to Maryland, Formella said. He said Brave told the grand jury he was scheduled to meet with U.S. Rep. Chris Pappas, D-New Hampshire, but the congressman had to cancel the meeting and gave Brave a flag that flew over the U.S. Capitol as an apology. Records from the congressman’s office indicate that no such meeting was ever scheduled, Formella said, and there was no gift of a flag. Brave is alleged to have actually met a paramour who lived in the area.

The fourth and fifth perjury charges concern a dinner cruise and hotel stay for Brave in Boston. Formella said Brave told the grand jury that he purchased the tickets in advance for him and a male deputy to attend a charity fundraiser. However, based on investigation, Formella said, Brave is alleged to have bought the tickets on the same day as the cruise for himself and another paramour to attend the event together – which was on the paramour’s birthday. Brave claimed in his testimony that that he did not remember the trip, that no one stayed with him at his hotel, and that he did not recall if his paramour spent the night with him – before later admitting that the paramour spent the night with him at the hotel for "romantic and sexual purposes," Formella said.

This case is being investigated by New Hampshire Department of Justice investigators and is being prosecuted by Assistant Attorney General Joe Fincham and Assistant Attorney General David Lovejoy of the New Hampshire Department of Justice’s Public Integrity Unit.

Brave is scheduled to be arraigned Sept. 28 at 12:30 p.m. in Strafford County Superior Court in Dover. Formella said Strafford County judges are recusing themselves from Brave's case and a Rockingham County judge will preside, at Strafford County Superior Court.

Because Brave is an elected official, Formella said there is a specific process the commissioners must take to remove him if he does not step down.

New Hampshire law, RSA 661:9 states - "Any officer of a county, including the register of probate, may be removed by the county convention for official misconduct. Any removal under this paragraph shall be initiated by petition of a majority of the county commissioners, of the county attorney, or of a superior court judge. No officer of a county may be removed without notice of the allegations supporting the petition for removal and an opportunity to be heard by the county convention."

Brave said the commissioners will need to petition for his removal to the County Delegation who would be the deciding vote.

This article originally appeared on Fosters Daily Democrat: Sheriff Mark Brave on verge of removal from job amid 8 felony charges