Man allegedly assaults uncle while leaving probate hearingBy JULIE HANSON
Union Leader Correspondent
April 11. 2012 11:54PM
HOPKINTON - A Hopkinton school counselor leaving a probate hearing in Manchester Friday regarding an ongoing battle over guardianship of his father allegedly assaulted his 75-year-old uncle, according to police.
In documents filed by police, the incident allegedly occurred in the Vine Street Garage in Manchester as Eugene Fox, 63, the co-director of guidance at Hopkinton Middle/High School, was leaving the third of a three-day hearing regarding issues surrounding guardianship of his father, Alden Fox. It is not known if the assault was connected to the probate case.
The guardianship issue has been in court for about two years.
Fox and his brother, Wayne, had petitioned for an emergency preliminary injunction to remove and replace Dawn Whiting, court-appointed guardian of Alden and Esther Fox's estate. Esther Fox died in July 2011. The petition claims that Whiting is bleeding the assets of the estate by incurring more than $200,000 in legal fees and is not sufficiently bonded to handle several million dollars worth of Massachusetts real estate. Whiting does not visit Alden Fox or provide funds for his daily care, the affidavit states.
Alden Fox, 92, lives on a retirement income of about $40,000 annually, and the affidavit submitted with the petition states that amassing $200,000 in legal fees is not prudent management of the estate. The court affidavit claims the legal fees were for Whiting's interest and did not benefit the estate.
The documents claim that Whiting presented to the court plans to sell waterfront property to pay creditors as if the debt belonged to Alden Fox, when she intended to use the funds to pay legal fees she created.
The parties in the probate case agreed to mediation, and the case will be taken up in early May.
The alleged assault victim lives in Bethel, Vt., and is not mentioned in probate court documents. The uncle told police that he saw Fox staring at his license plate in the garage Friday. He realized who Fox was when the uncle said he was asked: 'How would you like to get beaten up by your nephew that is 20 years younger than you?'
According to court documents, the alleged victim said Fox 'came at him' and punched him in the ear and the jaw, knocking him down. He said Fox then kicked him in the stomach and chest area and then stepped on his neck and groin.
Fox left the garage and the alleged victim went to the garage office for help. Court documents show an ambulance took the victim to Catholic Medical Center, where he was treated for abrasions to his head, difficulty breathing and evaluation for other possible injuries, as he reported pain in his head and chest.
Fox, of 178 Hillside Drive, Henniker, was charged with second-degree assault. He is free on $5,000 cash/surety bail and is barred from contacting the alleged victim. A probable cause hearing is scheduled for May 2.
The School District placed Fox on paid administrative leave after the incident. His annual salary is $64,906.