A probate judge has paved the way for Eric Largy’s release from the state’s psychiatric hospital saying he shouldn’t face a “life sentence” for allegedly assaulting his father, retired Nashua Police Chief Clifton Largy, seven years ago.

Probate Judge David King said while he believes Eric Largy, 49, suffers from delusional disorder, there isn’t sufficient evidence that he would be a danger to himself or others to warrant extending his involuntary commitment another five years.

King acknowledged that his decision contradicts three psychiatrists who recently recommended a five-year extension to Largy’s involuntary commitment, adding he relied most on testimony from Dr. Matthew Davis.

Dr. Davis disagreed with the other psychiatrists and said he isn’t sure Largy suffers from delusional disorder and recommended against further involuntary commitment. He has treated Largy since he was transferred last month to the New Hampshire Hospital from the Secure Psychiatric Unit at state prison.

“Given that Dr. Davis is the current treating psychiatrist and that his findings are the most current, the court has given greater weight to his testimony than the other experts, some of whom have seemed to suggest that if Mr. Largy continues to politely decline to engage in psychotherapy, he would never be released,” King wrote.

Testimony by Dr. Robert Murray at the May 12 hearing at Merrimack County Probate Court indicated he would never recommend discharging a patient who had refused treatment and refused to participate in an after-care plan.

Largy has refused psychotherapy treatment and continues to maintain that he is not mentally ill.

“Surely a lifetime commitment for a 2010 assault charge, which has not resulted in a conviction, is not how the courts can be expected to treat someone because he has a mental illness, absent clear and convincing evidence of present dangerousness,” King wrote.

Largy told police and treatment providers early on that he was defending himself from an abusive father during the altercation April 22, 2009. The senior Largy adamantly denies abusing his son and says he was lured to his son’s home in Nashua and attacked from behind.

Clifton Largy suffered a broken jaw and broken eye sockets. Police said at the time that Eric tortured his father for 12 hours and restrained him in an antique barber chair.

During recent hearings, Eric Largy’s attorney Shane Stewart asked the psychiatrists how they could know whether or not Eric was telling the truth about who was the aggressor that day. They conceded they had no first-hand knowledge.

King took note of the fact that a total of five psychiatrists and one social worker have testified during the hearings.

Difficult case

“This case presents one of the most difficult set of facts that this court has encountered in a 135-C proceeding,” King wrote.

There’s no question that an altercation occurred between father and son seven years ago, King wrote.

“(Eric Largy) has been deprived of his liberty since then, first at the Valley Street Jail, where he spent approximately two years, and then at the Secure Psychiatric Unit at the state prison (SPU) for a five-year period,” King wrote.

It was Eric Largy’s insistence that he was the victim at the hands of his father over the years, that he was defending himself that day and that his father used his influence to pull strings in his case that caused psychiatrists to conclude that he suffers from delusional disorder, according to testimony and case records.

The delusional disorder diagnosis prompted the courts to first find Largy was incompetent to stand trial, and then formed the basis for his involuntarily commitment for five years to the Secure Psychiatric Unit.

Although Dr. Davis’ involuntary committal petition said Largy would likely be dangerous if released, he testified otherwise.  All of the psychiatrists testified that Largy has always been a gentleman.

“It is uncontroverted, however, that since his initial arrest, Mr. Largy has not been a discipline problem to anyone,” King wrote.

“The court recognized …. that there should be few dangerous acts during the time that a person is involuntarily admitted, however in this case there have been none, during a seven-year period,” King wrote.

King added the emphasis to the word “none.”

“In fact, Mr. Largy has been a patient who has reported to authorities behaviors of others whom he perceived to be bullying other inmates/patients,” King wrote.

Involuntary civil commitment hearings and orders in probate court are usually closed to the public and the press, but Largy waived his right to confidentiality so InDepthNH.org could attend the hearings and review the records.

Largy told InDepthNH.org that he wanted to shine a light on a “dirty little secret,” which he believes is the law enforcement community protecting their own by refusing to admit they have a problem with domestic violence.

Largy’s attorney was pleased with King’s latest order, which was dated May 15.

“I’m happy this is not going to result in a lifetime commitment for Eric,” Stewart said.

Duplicative testimony

King wrote that testimony at Largy’s hearing from Dr. Daniel Potenza, medical director at the Secure Psychiatric Unit, and Dr. Edward Drummond, the court-appointed psychiatrist, was duplicative and largely based on historical records in the case.

Testimony has been consistent, the judge said, that delusional disorder doesn’t go away, doesn’t usually respond to anti-psychotic medications and may respond to some degree to long-term psychotherapy.

King’s order took note of the fact that Largy has been reluctant since his early days at the Secure Psychiatric Unit to engage in any kind of treatment and has also declined to discuss the altercation.

Although the kidnapping and first-degree assault criminal charges were dropped, they could be reinstated until the statute of limitations runs out in April of 2018.

“It has been suggested that Mr. Largy, who has been described as an intelligent man, may not want to discuss the underlying case because of concerns that he could still be subject to a criminal prosecution,” King wrote.

King also acknowledged that Dr. Davis has not seen evidence of delusions and that it is possible that the symptoms could be dormant.

“When asked by the court for his recommendation, Dr. Davis said that his ‘judgment call’ would be to not recommend a further probate commitment,” the order stated.

King withheld a final order pending another hearing on July 14 to give the New Hampshire Hospital staff time to prepare a discharge plan for Largy.

That should be enough time for prosecutors to decide if they want to bring criminal charges against Largy and enough time for restraining orders to be obtained, according to the order.

“This also gives Mr. Largy an opportunity to work with Ms. (Jessica) Perkins and the appropriate staff at NHH to insure that he has a safe and appropriate place to live upon discharge, and that necessary financial arrangements have been made for him to be able to have a roof over his head,” King wrote.

The judge also made it clear that hospital officials can discharge Largy before the hearing date if they choose. It can be a conditional or absolute discharge, he said. An absolute discharge would mean Largy wouldn’t be required to obtain treatment in the community.

“In the event that Mr. Largy is discharged before July 14th, that hearing shall be cancelled,” King wrote.