Sheriff Mark Brave resigns, remains free on bail while facing 8 felonies

BRENTWOOD — Mark Brave announced his resignation as Strafford County sheriff in court Tuesday, leading state prosecutors to withdraw their request to revoke his bail on eight felony charges.

Brave, 38, has been free on bail since August, when he was charged with using $19,000 in county funds to pay for trips involving his extramarital affairs and lying about it to a Strafford County grand jury. He had been on paid leave as sheriff.

Brave faced a bail revocation hearing Tuesday in Rockingham County Superior Court after he lied about his finances in order to get a court-appointed, taxpayer-funded attorney.

In his letter of resignation dated Tuesday, he wrote, "I am proud to have served as high sheriff of Strafford County and to have been both the youngest sheriff and first African American man to have served in this role across the state of New Hampshire. At this time, I feel it is in the best interest of Strafford County, my subordinates, and the populations we serve that I step aside while I address the allegations made against me. I look forward to resolving my pending legal matter and to serving my constituents again in (the) future."

A dispositional hearing has been scheduled for Jan. 30 to discuss next steps in the case. A trial date has not been set.

Leif Becker, Brave's attorney, said Brave's resignation letter would be sent to county leaders later Tuesday.

Joe Fincham, a state prosecutor for the attorney general's office, said the resignation makes his job a less relevant factor for bail, leading to the state's decision.

Brave bought a Porsche after the sale of his Dover home for $1.15 million, prosecutors said, while claiming he couldn't afford to pay for an attorney. He also accepted more than $10,000 in pay while on leave as sheriff and living out of the state in Massachusetts, in violation of his job and bail requirements. Judge Daniel St. Hilaire last month agreed with prosecutors about Brave's dishonesty about his finances and told Brave he had to pay for his own attorney.

Brave appeared in court without an attorney for his arraignment Sept. 28, when he pleaded not guilty to eight felony charges. He appeared for his first bail revocation hearing Dec. 5, but successfully requested a delay, telling St. Hilaire he had just hired an attorney, Becker, and needed time to prepare.

Brave is a Democrat who was elected in 2020 and was reelected in 2022 to a second two-year term.

George Maglaras, chairman of the Strafford County commissioners, reacted to Brave's resignation. "Under the circumstances, it was the appropriate thing to do," he said.

Maglaras said the next step is for the county delegation of state lawmakers to start the process to replace Brave. Joseph McGivern has been serving as the interim sheriff. The next election is in November 2024.

Brave's lies about finances add to initial eight felonies

Brave was initially charged in August with one count of theft by deception (a Class A felony), two counts of falsifying physical evidence (Class B felonies) and five counts of perjury (Class B felonies). The maximum penalty for those crimes, if he's found guilty, is more than 64 years, according to the attorney general.

In November, prosecutors alleged Brave committed two additional felonies, theft by deception and perjury. They allege he wrongly accepted $10,761.10 in pay as sheriff while residing in Massachusetts, which violated his bail order and a requirement county sheriffs live in New Hampshire. They also said he lied about his finances under oath on his application for a court-appointed attorney.

Brave is accused by prosecutors of using his share of the money he received from the sale of his Dover home for the Porsche rather than to pay for a lawyer.

In a motion to revoke bail, the state alleged that in September, Brave informed the court of his new address on First Street in Dover. He asked the court to amend the bail agreement to allow him to travel outside New Hampshire to Massachusetts, where his daughter attends school and the request was granted. Brave said he was living in Dover, noting he had an apartment in Tewksbury, Massachusetts, but stating he did not live there.

At a hearing on Oct. 26, Brave told the court he was not able to secure an attorney and asked for a public defender to be assigned to him. He said Shaheen & Gordon, the law firm that previously represented him, had quoted him a retainer of $75,000-$100,000 to secure its services.

In seeking a court-appointed attorney, Brave stated he had $5,000 available ($4,000 cash on hand and $1,000 in savings accounts). He said his monthly income was $4,939.62 in salary/wages from full-time employment with Strafford County. Brave submitted the following liabilities: $4,500 per month in rent; $400 per month in utilities; student loan payments of $60 per month ($10,000 still owed); car payments of $385 per month ($9,400 still owed); $250 per month for a cellphone and $800 per month in groceries.

Brave told the court he had recently sold his house, valued at $980,000. According to a court document, he initially reported he received $190,000 from this sale, but crossed this number out and changed it to $3,500. In his remarks, Brave stated he was “using the money from the sale of the house to pay back taxes, debt his wife and he acquired, and tuition for 2 out of 3 kids.”

A video of Mark Brave with a Porsche obtained by prosecutors and an interview with Jaime Brave, his wife, undercut a number of his claims, according to the attorney general.

On Oct. 27, according to the attorney general, the state received a video from the Strafford County sheriff’s office. The video shows a vintage vehicle in a garage – a 1968 Porsche 356 soft-top convertible with “saddle leather” interior – accompanied by Brave’s narration, stating that the vehicle “just arrived,” the attorney general states. The encoding date for the video was Oct. 17 at 9:50 a.m. – five days after the parties received notice of the bail order in Brave's case, prosecutors say. The GPS location of the video’s creation was 640 South St., Tewksbury, Massachusetts, according to the attorney general.

In an interview in November, Jaime Brave, who is divorcing Mark Brave, told investigators her husband did not live at the Dover address, and she thought he was living in Tewksbury, according to the attorney general. She said she and Mark Brave each received $240,000 from the sale of their home, and he had received her Mercedes SUV (which was under his name) as part of their separation. She said he only paid tuition for his daughter – not for either of her two children.

On Nov. 7, the landlords for the Tewksbury address, Jay and Denise Bonugli, confirmed Brave lived there, having paid a year in rent and security at $4,100 per month, totaling $53,300. As sheriff, he is required by law to reside in New Hampshire, the attorney general stated.

This article originally appeared on Fosters Daily Democrat: Strafford County Sheriff Mark Brave resigns, remains free on bail