Concord Heights Man Arrested On Sexual Assault, 12 Assault, Criminal Mischief Charges
CONCORD, NH — A man from Concord is facing more than a dozen charges, including a felony aggravated felonious sexual assault charge, after an incident at the Morningstar Condominium complex earlier this month.
Around 11:30 a.m. on Dec. 8, police were sent to the complex to investigate a domestic disturbance. A woman reported family members of a neighbor had come to her apartment to report the incident. The family members told the neighbor that a man and woman were locked in a room during the incident, and they heard screaming.
More officers arrived at the apartment, but no one answered despite knocking on the door repeatedly and announcing themselves as Concord police. Eventually, a woman came to the door and spoke with the police, attempting to find the other family members. According to a report, an officer found them later at the other apartment.
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Police spoke with the woman, who, at first, did not reveal any information about what was happening or whether she was alone, an officer wrote. Later, one of the officers was told a man was in a bedroom. An officer entered the room and found Ndaho Turi Kivira, 31, of Loudon Road in Concord, alone in the room without any clothes on.
After separating the man and woman, the officers attempted to speak to them and allowed Kivira to get dressed. While being questioned, he was accused of denying anything happened and asked why the police were there. Later, the officer wrote that Kivira showed police minor cuts on his hand and arm that appeared fresh, noting he also had swollen lips.
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“I asked him if those were from (the woman) as well, and he said, ‘Yes,’” the officer wrote while not saying how he was injured. “There was a large language barrier with (Kivira) as his primary language is Swahili.”
Another officer worked to line up an interpreter while the woman was questioned.
She said she was trying to converse with Kivira about his lack of employment and returning to work, and an argument ensued. She accused him of slapping her in the face. The officer said he could not see any marks on the woman’s face. Kivira, she said, went to his room. Later, he started yelling he needed her, and if she did not come to his room, “he (would forcibly bring her into his room and force her to have sex with him,” the affidavit said. She accused Kivira of attacking her “multiple times.” Two weeks before, she accused him of choking her, preventing her from breathing, during one of the attacks.
The victim accused Kivira of yelling at her, demanding her to come to his room, but she yelled back, “No.” He then came out of his room with nothing but a towel around his waist, grabbed her by the collar of her sweater, and pulled her into his bedroom, according to the affidavit. The officer noted there appeared to be a rip in the woman’s sweater collar.
The woman said she screamed, “Let go of me” and “Stop,” but accused Kivira of continuing to attack her while she attempted to fight him off. While trying to fight him off, she said she scratched him on his hand and arm, believing she was going to be raped again, the affidavit said. After the police arrived, he stopped, and she was able to get out of the room, the report stated. The victim grabbed her jeans, attempted to leave the room, and accused Kivira of pushing her out from behind. She then put her pants back on and opened the door for the police.
The officer asked if she grabbed her underwear or if they were still in Kivira’s room. The victim said they were still in his room and described their color. The officer said in the report they saw them earlier on the floor while questioning Kivira. When asked if she was raped, she said, “No,” since she kept fighting him off and crossed her legs after Kivira pulled her clothing off, the affidavit stated. The victim said she had not consented and had no desire to have sex with him then or in the future, the report said.
After lining up a Swahili translator by phone, Kivira denied there was a fight or argument, the report said. He said he was making food in the kitchen, asked her to have sex, and she said, “No,” the report stated. After begging her, he claimed she went into his bedroom, he took off her clothes with her permission, and the police arrived, the officer wrote.
Kivira was arrested on six counts of simple assault, six counts of domestic violence-simple assault, and criminal mischief. He requested bail, but the request was rejected, and he was held on preventative detention at the Merrimack County Jail. Kivira was arraigned on Dec. 9.
At the arraignment in Concord District Court, a felony aggravated felonious sexual assault charge was added to the docket. Kivira offered no plea. Court paperwork stated he could file a bail motion due to a lack of an interpreter at the arraignment.
To speak with an advocate, call the statewide domestic violence hotline at 1-866-644-3574 or the statewide sexual assault hotline at 1-800-277-5570, or to find the crisis center nearest you, visit the New Hampshire Coalition Against Sexual and Domestic Violence.
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