Manchester assault charge upgraded to felonyStaff Report
June 27. 2014 8:39PM
MANCHESTER — A police prosecutor Friday told a Circuit Court-Manchester District Division judge that what was initially filed as a misdemeanor assault charge against Christopher Temple was upgraded to a felony because Temple was convicted of violation of a protective order in Portsmouth District Division in 2012.
Temple, 35, of 34 Elm St., is accused of assaulting his wife at their residence Thursday night. Court documents show the alleged victim told police the couple had argued over money and Temple grabbed her by the throat.
Court documents show that when Officer Mark Aquino stopped the victim’s vehicle for a brake light issue late Thursday night, she said she was on her way to the police department to report the assault and told Aquino that Temple was walking in the area of Valley and Elm streets.
The documents show that when Aquino stopped Temple and inquired about the argument and accusation of assault, Temple responded: “If I said I didn’t, you would not believe me anyway.”
Temple could enter no plea to the felony charge in Circuit Court, so a probable cause hearing was set for July 10, when a judge can determine if there is sufficient evidence to send the case to the Hillsborough County North Grand Jury for possible indictment.
Police prosecutor Sgt. Stephen Reardon requested $7,500 cash-only bail for Temple, citing 13 prior convictions for stalking and the conviction for violating a protective order. He also noted Temple has a robbery conviction in Massachusetts.
Temple asked for a break on bail, saying: “I do work.” Judge William Lyons made the bail $7,500 cash/surety. Temple’s wife, who was in the courtroom, went to the clerk’s office after the session to obtain a list of bail bondsmen.
Second appearance this week
Molly McKenzie Friday made her second appearance this week in Circuit Court-Manchester District Division, this time on a felony charge of possession of a narcotic drug.
Police prosecutor Sgt. Stephen Reardon said McKenzie, 25, of 21 Jane St., had heroin in her possession at the Valley Street Jail after her arrest on a contempt charge. She had failed to appear in Circuit Court June 17 while out on bail on a felony criminal liability to robbery charge stemming from an incident Feb. 8 at the Mall of New Hampshire. She had also failed to appear in October 2013 on a charge of operating without a license.
Reardon requested $5,000 cash-only bail for McKenzie, who asked Judge William Lyons for personal recognizance bail, saying: “I’ve never been convicted.”
Lyons, who was the presiding judge Monday when McKenzie offered multiple excuses for why she did not appear in Manchester or other courts where issues are pending, kept the bail at $7,500, but made it cash or surety.
Because no plea can be entered to a felony charge in Circuit Court, a probable cause hearing was set for July 8, when a judge will determine if there is enough evidence to send the case to the Hillsborough County North Grand Jury for possible indictment.
Accused sheds tears
A court security officer Friday handed a wad of tissues to Jonathan Lacourse, 17, of 558 Montgomery St., who was crying as he waited to be arraigned on a misdemeanor charge of violation of a protective order.
Lacourse is accused of following the protected party on Bremmer Street Thursday, in violation of an order barring contact or close proximity.
Police prosecutor Sgt. Stephen Reardon said Lacourse was convicted last year of reckless conduct and criminal mischief and has suspended 12-month sentences on both convictions. He requested $3,000 cash/surety bail.
Lacourse asked for a lower bail, saying: “If it’s $2,000, I could probably make bail. I’m trying to get a job.” Judge William Lyons set bail at $2,000 cash/surety, with conditions barring contact with the alleged victim and barring Lacourse from coming within 300 feet of her. Trial was set for July 30.
Threatened with bat
Philip Joseph, 21, of 479 Hall St., was arraigned Friday in Circuit Court-Manchester District Division on four felony charges of criminal threatening. Joseph is accused of raising a baseball bat over his head and bringing it down in a violent manner, threatening four people who were trapped in a hallway at 436 Granite St. earlier this month. Police said the threatening incident followed verbal disputes and a physical confrontation. Another man charged with criminal threatening in connection with the incident has already been arraigned.
Joseph, who has convictions for trespass, resisting arrest and acts prohibited, remains free on $5,000 cash/surety bail, with conditions barring contact with the four alleged victims and barring him from 436 Granite St. and 238 Kimball St.
No plea can be entered to a felony in Circuit Court, so a probable cause hearing was set for July 16, so a judge can determine if there is sufficient evidence to send the case to the Hillsborough County North Grand Jury for possible indictment.
Drug sting arrest
A Massachusetts man was charged with possession of a controlled drug with intent to distribute as the result of a sting operation set up by members of the Manchester Police Special Enforcement Division.
David Simonds, 52, of Haverhill, Mass., was arrested late Thursday afternoon in the Wendy’s parking lot on Candia Road, where the police had set up a controlled drug buy with a confidential informant and Simonds.
Simonds consented to a search of his vehicle, where officers reported they found and seized two pounds of marijuana and over $6,000 in cash. The marijuana has a street value of $5,000.