Arson suspect's release questioned after fatal fire

A fatal fire that occurred in Nashua this past July has brought renewed scrutiny to a case from seven years prior. Investigators believe 80-year-old Gerald Gutekunst intentionally started the fire on Orange Street, which resulted in the death of Scott Thomas.

Seven years earlier, in 2019, Gutekunst was charged with arson and attempted murder for setting fire to his apartment building in Hudson. However, he was found not competent and not restorable, meaning he could not stand trial for those alleged crimes.

Forensic psychologist Eric Mart explained that if individuals are deemed not competent and not restorable, they cannot be tried. The process can involve civil commitment if they are also found to be dangerous, particularly in cases of sexual offenses and arson.

Court records indicate that prosecutors initially considered involuntary commitment for Gutekunst in October 2021. Two months later, the state shifted course, and a court order from December 16, 2021, noted he did not qualify for voluntary admission under New Hampshire law. He was subsequently released to Adult Protective Services, with the judge believing services were being made available to keep the community safe.

However, those connected to the previous incident and the recent tragedy are questioning this release. Josh Gorveatt, who owned the Hudson property Gutekunst allegedly set fire to, expressed disbelief at his release. Dan Durant, landlord of the Nashua property, noted that Gutekunst had refused help from elder services. Joanne Jenks, whose brother Scott Thomas died in the July fire, questioned how he was left "to his own devices" after his prior arson charge, emphasizing the need for a better system to prevent such devastating outcomes.