BURLINGTON, Vt. — A judge in Chittenden County Superior Court set bail at $750 for an unhoused accused during a Nov. 10 weight-of-the-evidence hearing, despite defense arguments that he had no ability to pay, had never failed to appear in court and maintained ties to local support organizations.
Judge Elizabeth Novotny concluded that the accused, who faces an aggravated assault charge involving a deadly weapon, presented an elevated flight risk and lacked meaningful ties to the Vermont community.
Deputy Public Defender Andrew R. Schmidt argued that the accused’s lack of permanent housing should not outweigh his history of appearing in court and his connections to organizations helping him secure housing, employment and immigration documents.
The accused, who required Pashto interpretation services, appeared for a weight-of-the-evidence hearing involving charges of aggravated assault with a deadly weapon and simple assault. The court also held a status conference involving two separate simple assault cases and an alleged violation of conditions of release.
The accused was on probation in three other dockets when the aggravated assault allegedly occurred. The court considered conditions of release because the pending charges did not qualify him for detention without bail under the applicable standard.
Deputy State’s Attorney Ryan Richards requested conditions requiring the accused to appear in court and provide his address and telephone number to his attorney and the court clerk.
Richards also sought conditions prohibiting the accused from purchasing, possessing or using deadly weapons, knowingly initiating contact with the alleged victim, engaging in abuse or harassment, and entering Battery Park, where the alleged assault occurred.
Additionally, Richards requested responsible adult supervision and a curfew requiring the accused to remain at a designated residence during specified hours.
Richards acknowledged that the accused’s unhoused status could make those conditions impossible to satisfy but requested them nonetheless.
Novotny asked Schmidt whether the accused had a stable address where he could stay after release.
Schmidt explained that the accused had been unhoused “for the last couple years” and was unlikely to obtain permanent housing in the immediate future.
“Had one been available, he would not be living on the street,” Schmidt said.
Schmidt explained that the accused, who immigrated to the United States from Afghanistan, had sought housing assistance through the Vermont Afghan Alliance without success.
Because the accused was already on probation, Schmidt proposed that regular check-ins with probation and parole officials would be a more appropriate condition of release.
“To the best of my belief,” Schmidt argued, “transient clients check in more regularly.”
Schmidt questioned how a curfew could be enforced against someone without a residence, arguing that such a requirement “would essentially impose a hold without bail under a different name.”
He raised similar concerns about the proposed responsible adult condition, explaining that the accused did not have anyone available to assume that responsibility.
Probation officer Alan Monniere also addressed the court, discussing the accused’s concurrent sentences in the underlying simple assault cases and the alleged violation of conditions of release.
“For the record,” Monniere stated, “the department is concerned given [the defendant’s] behaviors and underlying charges.”
Monniere confirmed that efforts to secure housing had made “no progress.”
He also stated that the accused had received a trespass notice involving Battery Park following an earlier altercation. Although no charges resulted from that incident, Monniere said he had instructed the accused to avoid the park but lacked a court-imposed condition to enforce that instruction.
Novotny asked whether the accused had “any place to stay,” including a tent, and suggested that a shelter might qualify as a residence for purposes of the proposed conditions.
Schmidt explained that shelters generally require residents to leave during the day, making a continuous residential restriction impractical.
The judge interrupted, stating that she was familiar with how shelters operate.
“I am not aware of shelter availability at this time,” Schmidt concluded.
The court then turned to the accused’s ties to the Vermont community.
Schmidt emphasized the accused’s relationship with the Vermont Afghan Alliance and his engagement with the Howard Center, which provides community mental health services.
According to Schmidt, the Vermont Afghan Alliance had helped the accused immigrate to the United States after he worked as a translator.
“They are [his] main support in the U.S.,” Schmidt said.
The organization was also assisting the accused in seeking employment, replacing documents and addressing immigration-related matters.
“Were he to leave Vermont, he would be severing that connection,” Schmidt argued.
Schmidt also emphasized that the accused had no history of failing to appear in court despite his lack of permanent housing.
He argued that the accused’s continuing engagement with probation and parole officials provided another connection to the community.
Novotny imposed the conditions of release previously discussed by the prosecution and defense, along with a requirement that the accused report to his probation officer immediately upon release and to the Department of Corrections during its next available business hours.
The defense accepted the additional reporting condition.
Regarding the proposed curfew and responsible adult supervision, Novotny acknowledged that those conditions would be appropriate only if the accused had the means to comply with them.
The judge then considered whether the remaining conditions would be sufficient to ensure the accused’s appearance in court.
Novotny cited the “strong weight of evidence” and described the alleged offense as “very serious.”
She reviewed the potential penalties, stating that the aggravated assault charge carried up to five years in prison or a $5,000 fine, while the simple assault charge carried up to one year in prison or a $1,000 fine.
The judge also noted that the accused had been approximately two months into probation when the alleged offenses occurred.
His probation conditions included requirements that he refrain from violent or threatening behavior and avoid further criminal conduct.
Although Novotny acknowledged the accused’s lack of prior failures to appear, she described his risk of flight as “extraordinarily elevated.”
She concluded that the accused had “no meaningful ties to the Vermont community.”
Novotny recognized his relationship with the Vermont Afghan Alliance but reasoned that the organization’s activities extended beyond Vermont.
She also acknowledged his connection to the Howard Center but emphasized that he lacked employment and a permanent residence.
Despite Schmidt’s argument that leaving Vermont would sever the accused’s relationship with the Vermont Afghan Alliance, Novotny found that assertion “not credible.”
The judge concluded that the existing conditions of release were insufficient to address what she characterized as a substantial flight risk.
She imposed bail of $750, cash or surety, stating that she had considered the accused’s financial circumstances, including his representation by appointed counsel.
Novotny also expressed concern about whether the accused would comply with court orders, stating that she had “no confidence that [the defendant] will abide by court rules.”
The judge assured the accused that the conditions would be translated into Pashto.
Schmidt requested another hearing in two weeks to review the felony case schedule, explaining that the accused was unlikely to be able to post bail.
Novotny agreed and scheduled a status conference for Nov. 24 at 2 p.m. The accused and interpreters were not required to appear.
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