Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: Beating death came 1 day after jail release. Family fights plea deal. – Legal Perspective
CENTER OSSIPEE — On July 13, 2023, the Strafford County House of Corrections released a Somersworth man with a history of violence and untreated mental illness.
The next day, Brian Roberge, 54, beat and killed Jan Van Tassell, a 79-year-old Center Ossipee man he did not know, in the parking lot of the Walmart in Somersworth in an attack that was called unprovoked.
The state has agreed to allow Roberge to plead not guilty by reason of insanity for the killing of Van Tassell, meaning he would be sent to a psychiatric hospital rather than prison. Van Tassell’s family say they plan to attend court in March when the agreement goes before a judge to voice their strong opposition.
Medical examiner’s autopsy and eyewitness accounts describe violent death
An autopsy was conducted on Van Tassell on July 16, 2023, by state deputy medical examiner Mitchell Weinberg. He concluded the cause of death was homicide and the “result of homicidal violence and an extreme indifference to the value of human life.”
Weinberg said Van Tassell’s death was caused by “compressional asphyxia” resulting from Roberge sitting on his chest during the course of the beating, causing compression of Van Tassel’s upper torso. He also noted blunt trauma to Van Tassell’s head and face occurred before his death, not afflicted postmortem.
As part of his report, Sgt. Justin Rowe of New Hampshire State Police interviewed several eyewitnesses. He also noted Roberge was captured, lying nearby in some brush, with the assistance of K9s (police dogs) and there appeared to be blood on his hands.
Eyewitnesses confirmed they saw a man, later identified as Roberge, straddling a man and beating him. One man said he heard noises consistent with a fight and then saw Roberge straddling Van Tassell with his entire body, repeatedly “punching his head and face with closed fists.”
A second eyewitness, who said she knew Van Tassell, corroborated the story, describing a violent attack.
Why was Roberge released from jail?
Roberge was released the day before the beating death after a court appearance where charges of criminal mischief and criminal trespassing against him were dismissed by the court, according to Strafford County Administrator Raymond Bower.
“We had no choice,” said Bower. “We could not hold him any longer because after the court dismissed the charges, there were no pending criminal charges left against him.”
Bower said the charges were dropped because the victim who made the allegations refused to pursue them.
Van Tassell’s adult children and other family members interviewed for this story are convinced if Roberge had not been released, Van Tassell would still be alive.
If the judge accepts the terms of the deal, Roberge will remain in New Hampshire Hospital, the state’s psychiatric hospital, where he would be evaluated every five years, potentially gaining his freedom at some point in the future. The death of Jan Van Tassell would not go on his criminal record.
What is the status of the case against Roberge?
Roberge has been held iat New Hampshire Hospital since the death of Van Tassel, who lived and served as a firefighter in Center Ossipee. His case has taken several turns. He was initially found not competent to stand trial, and last year, on May 13, it was announced he was competent and would stand trial. He was initially charged with second degree murder and that charge was reduced to manslaughter on Oct. 7, 2025.
On Tuesday, Jan. 27, Senior Assistant Attorney General Peter Hinckley said following a status hearing, he and Roberge’s public defenders, Cynthia Robinson and Olivia Davy Morrison, who could not be reached for comment, had reached a negotiated agreement for the not guilty plea.
A hearing will be held in Strafford County Superior Court on Tuesday, March 10 to finalize the details of the agreement. The presiding judge can choose to accept the plea or reject it, which is what Van Tassell’s family is hoping for.
Why Van Tassell was in Somersworth
Van Tassell was a long way from his Center Ossipee home on July 14, 2023.
Asked why he was there, his daughter Laura Canelas said he went to buy a birthday gift for his great-grandson, Wesley.
“It was a special Fisher-Price toy that he always bought for the kids,” Canelas said. “It had pop-up balls activated by pushing a pump.”
Canelas said her father called all over and found the toy at Walmart in Rochester. Then he went to see the oil tankers in Portsmouth. He was driving his beloved Toyota motorhome. On the way home he felt tired and stopped to nap in the Somersworth Walmart parking lot.”
The family was not allowed to view video from the Somersworth Walmart, but said Hinckley spoke with them about it. Canelas said they will never know for certain why their dad approached Roberge, who was sitting alone at a picnic table.
“Mr. Hinckley said my dad pulled in, sat a bit, got out, saw a man there at 11 p.m.,” she said. “Knowing my dad, who always wanted to help, he probably asked if he was OK, if he was hungry. As he walked back to his motor home, Brian Roberge walked over to the side of it and attacked my dad.”
Jan Van Tassell’s family says he was a good man who lived to help others
Even though they are mourning the loss of their beloved family member, they say revenge or retribution is not their primary goal. The family wants the law changed so people with criminal histories combined with severe mental health issues are required to be more closely monitored, similar to people involved in drug courts, to assure they stay on their medication. They fear the day Roberge may be released because they believe he will harm someone else.
Three of Van Tassell’s four children shared their thoughts, The fourth, Steven, was unavailable for the interview.
Canelas, a nurse, said “my dad was the kindest, gentlest man you could ever find. He didn’t have two pennies to rub together but if you needed help, he would go find what you needed and then do without. He was a firefighter and a certified diesel mechanic, and he freely shared his knowledge.”
Canelas said they didn’t have a lot of money growing up so they couldn’t afford dinners out at restaurants. She said her dad would find a church supper, take them and explain they were going out and helping the church at the same time.
Daughter Michelle Edmunds, a medical assistant and EMT, said she is following in her dad’s footsteps of public service.
“He was a kind soul,” she said. “He would give you the shirt off his back if you needed it. With his knowledge of mechanics, he made sure we always knew what to do but would also get out of bed to come help us. By 12 years old we knew how to change the oil and change a tire. He was all about his family, and for this to happen was pure evil.”
Son David Van Tassell is a behavioral social worker in Maine.
“My dad was all about family,” he said. “There were times when all of us would go to correct our children and he would put himself in position to pull our displeasure back a bit, to calm our approach. He used to go to yard sales and make setups of full kitchen supplies. If someone’s house burns down, he would set up a full kitchen for them. He said it was hardest to replace.”
Pam Gandolfo, Van Tassell’s sister, called him the typical big brother.
“I was his partner in crime,” she said. “I knew my alphabet and was beginning to read before I started school because he taught me; in every picture I have he was holding my hand. We had a family cottage on Ossipee Lake. He brought the tank of gas for our boat. He fixed everything that needed fixing and maintained it in the off season. He was always my big brother and Brian Roberge took that away. Laws need to be changed around mental health.”
Nephew Paul Gandolfo said his uncle was salt of the earth.
“He would do anything for anybody,” Gandolfo said. “He was reliability, dependability. You knew he was the guy you could call. He was safety, an unspoken backbone. He filled that role for all of us. I miss that strength and I miss him.”
Brother Jeff Van Tassell expressed the frustration of the family.
“We’ve been clutching at a lot of straws, and they keep breaking off,” Jeff said. “We went to many meetings in Concord, and we talked and talked. Come to find out all our ideas and opinions had no bearing on the investigation or the outcome. It’s a kind of slap in the face, a waste of time. In the beginning the news was shocking and then we found out the state was going with insanity. If I go out and get drunk, drive a car, kill someone, there’s no excuse. I’d be punished. …. (He) could be back on the street, a guy who is capable of murdering someone.”
Jeff Van Tassell said he hopes laws can be changed to protect other innocent people in the future.
“He should have got that on his record and should not be able to go get a job, go work with kids, seniors, handicapped. He should not be able to get away scot-free. … We feel like he is getting rewarded. I want to see some kind of justice.”
The family plans to go to Strafford County Superior Court in force for Roberge’s hearing, with impact statements they hope will make a difference.
“We will plead for our father,” Canelas said. “I will ask the court not to consider the plea but to take this to court and let everyone see the real story, not what Roberge read about and will say. We have records, to prove he knows what to say and when to say it. He is a master manipulator. I will ask for a trial, and I ask people to talk with their legislators and lawmakers, to make their voices heard as well.”
What led to Roberge being freed from Strafford County jail
Bower, the Strafford County administrator, called the situation “pure tragedy.”
“We would not have released him, had we had a choice,” Bower said.
On Jan. 8, 2023, Roberge was arrested on charges of criminal mischief and criminal threatening. Charges were brought forth on a complaint by a man whose last name was also Roberge, of East Rochester, possibly a family member.
“The court released Mr. Roberge to our community monitoring program,” said Bower. “We monitor about 600 people with mental health issues. Roberge did well until he didn’t. On May 9, 2023, he was arrested after violating terms of his (personal recognizance) bail. We held him in prison ever since, until July 13 2023. Sometimes he was on his meds, sometimes not. We can’t force that.”
On July 13, Roberge appeared in court on the criminal mischief and criminal theatening charges. Bower said the charges were not processed.
Strafford County Attorney Emily Garod confirmed that, noting that the alleged victim refused to proceed.
“So we had to release him,” Bower said. “He no longer had pending criminal charges, and we could no longer hold him. It is a tragedy, an awful situation and ended badly. He was not eligible for release through our program, until he no longer had charges. We did everything we could to keep him until then. He was not ready to be released, in our opinion. We did not find him acceptable for release.”
Roberge has a documented history of criminal activity and violence. In 2010, he was living in Bethlehem, NH when police were called by a landlord who said Roberge was evicted and was being threatening. She said he hit her and accused her of “touching his stuff.” No court action occurred but there is a public police report of the incident.
In 2016, still residing in Bethlehem, he was involved in a domestic violence case involving his wife and son. According to the police report, he claimed to be “GOD” and said police were in God’s house. His wife later withdrew the domestic violence case, declining to further cooperate.