WINDHAM, N.H. - Prosecutors dropped charges against Frank Meisel, accused of shooting his stepbrother, saying he acted in self-defense when he fired his .38-caliber revolver into the chest of David Richardson.

Richardson, 53, went to Meisel's business, Windham Autobody at 47 Roulston Road, threatening to hurt him about 10 a.m. on March 1, police said.

Meisel, 43, of Cluff Road in Salem fired his weapon after Richardson had swung a large bat at his head and threatened to hurt him, said Rockingham County Attorney James Reams. Police had charged Meisel with misdemeanor simple assault after the altercation, saying they would either upgrade or drop the charge, based on the investigator's conclusion.

"Everything we had was consistent with self-defense," Reams said yesterday.

Police had been to the garage hours before the shooting when Richardson, who lived about a half-mile away, showed up drunk and got into a fight with Meisel. Neither of the men were seriously hurt or wanted to press charges.

Police told Richardson not to return to the garage, but he showed up a couple of hours later, armed with a large club. The arguments were the result of Richardson wanting to borrow money, police said. Meisel's account of what happened was supported by his bookkeeper, who saw both fights between the men, according to police.

Meisel's lawyer, Don Blaszka, said yesterday he was pleased with the Police Department's decision to drop the case.

"I always felt my client was defending himself," Blaszka said. "I feel this is a vindication for him so he can continue with his business. Obviously, based on the information collected by police and witness statements, my client's actions were justified."

One aspect that delayed the investigation was Richardson's lack of cooperation, Reams said. Richardson has been released from the hospital, but refused to release his medical records to authorities or cooperate with the investigation, according to police.

"There was a couple of minor loose ends we would have liked to have wrapped up," Reams said. "We knew Mr. Richardson was released from the hospital, but we don't know how badly he was injured. Given what we know so far, it wasn't a worthwhile pursuit of police resources."