Burlington, VT– Judge Micheal J Harris refused, in Chittenden County Superior Court Monday, to release a man accused of 1st-degree aggravated assault against his wife.
The accused was kept in jail without bail despite having no prior criminal record, and calls from his wife/alleged victim for him to be in counseling instead of being in custody.
Deputy State Attorney Jacqueline Whitman stressed the severity of the crime, stating, “The suddenness of the assault is what makes the hold without bail appropriate.”
According to DSA Whitman, the protection of the wife and young child who was present during the alleged crime is what makes this matter more serious, because there was no location for the accused to be released to where the wife and child would not be present.
According to Judge Harris and the series of events he outlined of the accused assault, “There was an argument, something was thrown at her, she was physically being thrown to the ground multiple times, as well as her phone being taken and smashed leaving her unable to contact the police in any way.”
Judge Harris added that while this was occurring the victim was trying to get the child to the car in hopes of getting away from the accused.
Judge Harris agreed with arguments made by DSA Whitman, that despite no prior criminal record of the accused, release would not be appropriate unless there was a location given where the accused could be released.
After Judge Harris’s ruling, the alleged victim/wife stood up in the courtroom, and said, “He does not belong in jail, he needs counseling, he needs to go to work, he needs to be with his daughter,” expressing her frustration about not being told her husband was being arrested, coming home one night to see he was gone.
Following these comments, Judge Harris said he was still going to go forward with a no bail hold, but scheduled a bail hearing for Tuesday.
