GOFFSTOWN - Though two of the four charges against Robert Pond, 33, a man accused of running down his brother-in-law last month, have been dismissed, he is still facing a charges of second-degree attempted murder and reckless conduct from the incident.
During a lengthy probable cause hearing at the 9th Circuit Court in Goffstown on Friday morning, Pond, through his public defender Kate Potenza, argued Weare Police Department did not have sufficient evidence to seek an indictment in Hillsborough County Superior Court.
Judge Paul Moore agreed with the defense on two of the charges - felony conduct after an accident and first-degree assault - but found that probable cause exists for the two other charges.
Moore also modified Pond's bail from $75,000 cash only to $75,000 cash or corporate surety. Pond will be living in Raymond with his wife and his parents if released on bail, and will likely return to his job as a painter, said Potenza.
But even if bailed, Pond may find himself back behind bars because he is currently out on parole from state prison on a two-to-seven year sentence, and it's possible, according to prosecutor Catherine Bauman, that his parole officer may ask that he be returned to prison due to the alleged charges.
According to the prosecution, Pond was driving his red Chevrolet SUV on Cross Road in Weare, where his brother-in-law lJason Potter lives, and at one point in his travels he allegedly swerved and hit Potter, sending him flying into the air and landing on the dirt road. Pond and Potter had reportedly been involved in a long-standing family dispute, and though two witnesses said Pond meant to hit Potter, one witness who was a passenger in Pond's vehicle, said Potter ran into the car.
Pond then allegedly fled the scene and returned to his apartment at 16 Reynwood Lane, got into a white Kia Sportage belonging to his neighbor, the prosecution said, and drove to Londonderry.
Through Pond's father, Robert Simmons, police were able to track down Pond and convince him to come to the police station, where he was arrested and charged with four felony counts including attempt to commit second-degree murder, first-degree assault, reckless conduct, and conduct after an accident.
Pond has been behind bars since the incident. If he makes bail, he's been ordered to stay away from Potter and his family.