Tying up a man at gunpoint in his own home may be a case of criminal restraint, but moving him from one location to another in the house while tied up is not two separate cases of criminal restraint.
That was the decision of the state Supreme Court on Friday in regards to Nashua native Peter Gibbs, regarding his conviction on a 2008 home invasion robbery, in which he and an accomplice restrained an 83-year-old man, ransacked his house and stole coins, gold-leaf baseball cards and other valuables.
In the 2011 trial he was convicted of two charges of criminal restraint as well as armed robbery and burglary.
The supreme court, in a unanimous ruling, overturned one of those criminal restraint convictions, but upheld the other convictions. This effectively makes no difference in the sentence being served by Gibbs, 46, because the sentences were all concurrent, or overlapping.
Gibbs was arrested in Maine the day after the home invasion, found with a van that had been stolen from his neighborhood hours before the robbery.
Gibbs was sentenced on April 20, 2011, to spend at least 21 years in prison for the 2008 home invasion and robbery.![]()
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