MANCHESTER — Damian Johnson, 21, of 187 Merrimack St., was arraigned Tuesday in Circuit Court-Manchester District Division on a felony charge of criminal liability to burglary in connection with an early morning burglary on Dubuque Street Monday in which a gaming console and cell phone were taken.
Johnson had been arraigned in Circuit Court later Monday morning on a felony charge of receiving stolen property, after he and two others were found in a field alongside Parkside School.
Police said Johnson was found in possession of the stolen phone and gaming console. His bail was set at $5,000 cash/surety and a probable cause hearing was set for June 17 in Circuit Court.
Johnson’s companions, Carlos Alden, 22, and Alexi Santiago, 21, were charged with prowling. Police said several items found in their possession, and near where the three men were detained, were seized for safekeeping until their owners can be located.
At Johnson’s arraignment Tuesday on the liability to burglary charge, police prosecutor Carrissa Pelletier sought only $1,000 personal recognizance bail, with conditions that include no contact with the victims or with Alden and Santiago. A probable cause hearing was set for June 17, the same day as the previous felony charge.
Accused of using stolen cards
Robert Cain, 51, who said he sometimes stays with his sister in Raymond, was arraigned Tuesday in Circuit Court-Manchester District Division on two misdemeanor charges each of fraudulent use of a credit card and receiving stolen property.
Cain is accused of using a credit card and a debit card, belonging to two different people, that were stolen from a law office on Stark Street in a late April burglary. Each card was used six times at Market Basket, 460 Elm St., for a total of just over $62, before the cards were canceled.
Cain protested the charges, saying: “I have no idea who these people are. . .I don’t use credit cards.” But court documents say grocery store personnel showed investigators video of Cain using the cards.
A police prosecutor asked that the $2,000 cash/surety set by a bail commissioner be maintained for Cain, who has an extensive criminal record. The bail includes conditions barring contact with the card owners and barring Cain from going to the law office and Market Basket. Trial was set for July 9.
Victim is sister
Sherell Clagon, 28, of 138 Taylor St., Tuesday objected to a condition of her bail that bars her from returning to the Taylor Street address. Clagon pleaded innocent in Circuit Court-Manchester District Division to two charges of simple assault that allege she punched her sister in the face and threw her sister on the floor and scratched at her face and arms Monday at the Taylor Street address.
Clagon admitted her sister lives at the Taylor Street location, but she told Judge Gregory Michael: “Me and my momma are the only ones on the lease.”
Clagon said she is unemployed, although she wrote on the bail form that she babysits for a friend. She told Michael that her mother helps her out financially.
Michael told Clagon she couldn’t return to the residence as long as the alleged victim was there, but Clagon kept trying.
“I have a one-year-old,” she said. Michael suggested Clagon’s mother could babysit, but Clagon said her mother can’t because she works and goes to school. The judge refused to change the bail condition and continued the $1,000 personal recognizance bail pending trial July 16.
Bail amount is reduced
An attorney for Kyle Ainsley Tuesday asked a Circuit Court-Manchester District Division judge to reduce Ainsley’s $10,000 cash/surety bail to $500 cash/surety, saying the 25-year-old’s parents will continue to pay the rent on his 92 Walnut St. apartment.
Attorney Aileen O’Connell said it was only one pill that Ainsley had in his possession when he was arrested May 23. Ainsley, who is on probation, was arraigned May 23 on a charge of possession of a narcotic after police said he had a 30 mg oxycodone pill wrapped in a dollar bill in his wallet.
O’Connell said Ainsley has a health issue. She said he had obtained a prescription for an antibiotic for bronchitis, but is not being given the medication at the jail.
City prosecutor Gregory Mueller asked Judge Gregory Michael to maintain the $10,000 cash/surety bail, listing a number of Ainsley’s drug convictions, which include drug sales.
Mueller said even the prospect of a three-and-a-half-to-seven-year-prison sentence for drug sales, which was suspended for 10 years of good behavior, wasn’t enough to deter Ainsley from possessing a narcotic.
Michael cut the existing bail in half, to $5,000 cash/surety, which means a bail bondsman would presumably put up the bail amount for $500 plus a fee.