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Manchester Crimewatch: Merrimack man says theft charge is misunderstanding

June 22. 2014 8:06PM

MANCHESTER — A Merrimack man Friday told a Circuit Court-Manchester District Division judge that the incident that led to a theft of services charge was just a misunderstanding. “I had $200 in my pocket, but I tried to pay with a credit card,” said Richard Niziak, 52, of 5 Bernards Road.

Niziak was arrested last October and charged with theft of services after he entered Murphy’s on Elm Street and ordered drinks and food totaling $32.17 and for which he couldn’t pay.

Niziak failed to appear in Circuit Court Nov. 5, 2013, for arraignment on the theft of services charge. He pleaded innocent Friday and trial was set for July 25. Bail was originally $500 personal recognizance, but when he failed to appear, a warrant was issued and bail was set at $500 cash/surety, which it remains the bail.

Objects to bail

Jeffery Young, 35, of 292 Main St., pleaded innocent Friday in Circuit Court-Manchester District Division to charges of stalking, violation of a protective order and violation of a domestic violence protective order.

Young is accused of texting a woman a year ago, despite a protective order, and of being with her in a vehicle early Friday morning.

Police prosecutor Sgt. Stephen Reardon requested $4,000 cash/surety bail for Young, noting that his record, which dates back to 1996, includes an Oct. 15, 2012, conviction for violation of a protective order involving the same woman.

Young told Judge William Lyons: “There shouldn’t be any bail.” He said the woman lied. He said she told him it was amended in April 2013. “I was led to believe that protective order was dropped,” he said.

Lyons reduced the bail to $2,000 cash/surety and trial was set for July 25.

Felony threatening charge

Thomas Dwyer, 48, of 140 Central St., could enter no plea Friday in Circuit Court-Manchester District Division to a felony charge of criminal threatening that alleges he followed a juvenile while holding a pair of scissors, saying he was willing to stab the person.

Dwyer insisted he is innocent. “I have witnesses,” he said.

Dwyer had failed to appear in Circuit Court on a misdemeanor trespass charge Wednesday, so a police prosecutor filed a motion to revoke Dwyer’s bail and a hearing was set for Monday morning. “I don’t agree with this,” Dwyer said.

But he was ordered held for Monday’s hearing. A probable cause hearing was set for July 3 and trial on the misdemeanor trespass charge was set for July 23.

Courts Crime Manchester Merrimack

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