BURLINGTON, VT – A man accused of committing an aggravated assault in June was jailed without bail here at an arraignment at Chittenden County Superior Court this week for allegedly violating his conditions of release.
However, the accused’s attorney argued the accused was not a risk to public safety and the timeline of the arrest and incarceration was “extraordinary.”
The accused was first arrested on June 12 of this year after allegedly punching and kicking a woman in an unprovoked assault, and was released despite the state’s request he be held in custody. He was arrested again two weeks later for violating the conditions of his release.
According to the accused, he was arrested for the second time while returning from work, having not been aware that his curfew only allowed him to leave his home for legal and medical appointments. After he was released this second time, the state renewed its original petition that he be held without bail.
Most recently, the accused was arrested on a warrant after failing to appear for a court date. He appeared in court remotely from jail.
Deputy Public Defender William Kidney argued the accused had not been made aware of his upcoming court date when he was released from jail the second time, and that he had also been unaware of the warrant for his arrest.
State’s Attorney Sarah George countered it was the accused’s responsibility to maintain contact with his attorney and to keep abreast of his upcoming court dates. SA George requested Judge Michael J. Harris hold the accused without bail pending another hearing.
DPD Kidney responded that holding the accused without bail after the accused was free and out of custody for nine weeks would be “extraordinary,” especially since that he had not violated the condition of release requiring him to stay away from the complainant in the assault case, or committed any other violent or dangerous acts.
Still, Judge Harris ruled the accused be held in custody pending another hearing, calling him a danger to public safety.
DPD Kidney objected to this decision and asked that the next hearing be set as soon as possible, reiterating that the accused had been free for nine weeks without exhibiting any dangerous behavior.
