Manchester man faces felony charge for allegedly firing a shotgun out window
March 18. 2013 9:35PM
MANCHESTER - A city man convicted of reckless conduct and first degree assault in connection with 2009 shooting incidents was arraigned Monday in Circuit Court-Manchester District Division on a felony charge of reckless conduct that alleges he fired a shotgun at his residence Friday.
Marsalis Johnson, 21, of 215 Wilson St., is accused of firing the shotgun out a window about 4:30 Friday morning in a congested area without regard for possible injury.
Police responding to the gunshot report caught Johnson crawling out a third floor window. Police said witnesses reported Johnson and his roommate were fighting when Johnson discharged a shotgun.
After obtaining a search warrant, police recovered a shotgun shell from the floor inside the apartment, along with a box of loaded shells, but did not recover a shotgun.
Bail was set at $75,000 cash/surety, but there is a 72-hour probation/parole hold on Johnson. Because no plea can be entered to a felony in Circuit Court, a probable cause hearing was set for April 2.
Prior forgery conviction
Reginald Cadichon, 28, of 743 Douglas St., objected Monday in Circuit Court-Manchester District Division to a proposed $10,000 cash/surety bail on three forgery charges, two of them felonies and one a misdemeanor.
Cadichon is accused of using six counterfeit $20 bills at one location and two counterfeit $20 bills at another location Feb. 12.
Cadichon told Judge William Lyons: "I'm employed full time. I have a 2-year-old daughter."
Lyons said Cadichon has a prior forgery conviction, so personal recognizance bail is not appropriate, but he set bail at $6,000 cash/surety, with conditions that bar Cadichon from either location where the bills were passed.
A probable cause hearing on the felonies was set for April 2 and trial for the misdemeanor was set for April 23.
A Merrimack man, charged with felony second degree assault and misdemeanor simple assault, insisted Monday in Circuit Court-Manchester District Division that it was "a misunderstanding."
Kyle Pozzetta, 27, of 87 Bean Road, said: "I've never hurt my girlfriend. I never did."
Pozzetta was arraigned on a felony charge of second degree assault that alleges he put arms around his girlfriend's neck in a choke hold Saturday and struck her on the side of the face.
A police prosecutor requested $15,000 cash/surety bail, but Judge William Lyons set bail at a total of $11,000 cash/surety, with conditions barring contact with the alleged victim and barring him from an Orange Street address.
New stalking charges
A city man who has 11 stalking and two witness tampering charges pending in Hillsborough County Superior Court was arraigned Monday in Circuit Court-Manchester District Division on three new felony stalking charges and a misdemeanor of possession of a controlled drug.
Juan Rivera Ortis, 29, of 421 Manchester St., could enter no plea to the felony charges which allege he called the woman's cell phone and left a message March 4, called and spoke with her March 9 and was with her March 15 at a South Willow Street location.
He's accused of having marijuana in his possession when arrested.
Police prosecutors sought $50,000 cash/surety bail for Rivera Ortis, whose stalking charges are felonies because he was convicted of stalking in Nashua District Court in February 2011.
His criminal history includes assaults and criminal threatening of the same woman, who at Rivera Ortiz' arraignment Jan. 31 on another stalking charge told a judge: "I cannot stay away from the man." Robin Boutin said: "I love him that much. I have a 6-month-old son with him. I'm in recovery with him."
Bail was set at $50,000 cash/surety, with conditions barring contact with the alleged victim and barring Rivera Ortiz from the alleged victim's address.
A probable cause hearing on the felonies was set for April 2 and trial on the misdemeanor was set for April 23.
Says he can't leave
The alleged victim of a city woman charged with second degree assault and resisting arrest Monday said he will be homeless if he moves out of the shared residence at 118 Pearl St., but Tammy Jean Tucker can move in with her mother.
Tucker, 40, told Circuit Court-Manchester District Division Judge William Lyons: "I want to go home."
Tucker is accused of throwing a glass at the man, hitting him in the head and causing a cut on the back of his head. Tucker, who relies on a cochlear implant to hear, told the judge: "I'm not guilty."
Tucker was also charged with resisting arrest for struggling with officers trying to handcuff her.
Tucker, who has a court-appointed guardian, initially declined to apply for a lawyer, saying: "I don't have a job right now." But because that meant she was eligible for a court-appointed lawyer, she agreed to apply.
A probable cause hearing on the felony was set for April 3 and trial on the misdemeanor was set for April 25. Bail was set at $1,000 cash/surety with conditions barring contact with the alleged victim and barring Tucker from the Pearl Street residence.
Neighbor called police
Police who responded Friday afternoon to a report of a burglary in progress at a Union Street address spotted a man running from the area who matched the description provided by a neighbor of a man walking around the building and being up on the front porch.
Frank Ryan, 28, whose stated Goffstown address is a mix of two street names, was charged with criminal mischief, for allegedly breaking a window pane in a door; loitering/ prowling, for checking doors at the Union Street address; possession of a controlled drug, for allegedly having 31 grams of marijuana in his possession, and possession of a prescription drug, for allegedly having three Xanax pills.
Ryan pleaded innocent Monday in Circuit Court-Manchester District Division to the mischief, controlled drug and loitering charges and trial was set for April 23. He could enter no plea to the felony drug charge, so a probable cause hearing was set for April 23. Bail was set at $10,000 cash/surety, with conditions that bar contact with a specific person and bar Ryan from the Union Street address.
Parking officer struck
A parking control officer reported being struck by a vehicle Friday as she attempted to issue a parking ticket for a vehicle parked in violation of a one-hour only zone on Beech Street.
The parking control officer had started to issue the ticket to a Ford Econoline van parked in front of a Beech Street address when a woman came out of the building, telling the parking officer she would move the van and correct the violation.
The parking officer said she was still going to issue the ticket and positioned herself behind the van to complete the process.
The parking officer said the woman then got into the van and proceeded to back up about two feet, striking the parking officer in the leg and prompting her to yell at the driver to stop.
The driver stopped, got out of the van and went back into the building, not checking on the parking officer's condition.
A police officer responding to the call located the driver inside the Beech Street address, identifying her as Brittney Flagg, 26, of 190 Grove St.
Flagg was charged with felony reckless conduct and conduct after an accident. She was also charged with operating after suspension.