Judge: enough evidence for felony riot charges in Canobie Lake scuffle with policeBy JAMES A. KIMBLE
Union Leader Correspondent
July 01. 2014 2:14PM
SALEM – A judge decided that there was enough evidence to charge three members of a Vermont family with felony charges for allegedly scuffling with police officers at Canobie Lake Park after being asked to leave.
Defense lawyers challenged whether a father and two sons should be facing felony riot and resisting arrest charges for their June 16 confrontation with Salem police officers and park security.
“If each of them simply walked away that day -- this was totally unnecessary and would not have happened,” Judge Robert Stephen said on Tuesday.
The cases against E. Allan Perry, 45, of Lydon, Vt. and two of his sons, Joshua Perry, 23, of Sutton, Vt. and Brian Perry, 18, of Lyndonville, Vt., will now be bound over to Rockingham County Superior Court for possible indictment.
The trio is being held on $10,000 cash bail at the Rockingham County jail. Police arrest five family members total.
One of the officers injured during the fracas testified that E. Allan Perry, 45, of Lydon, Vt., demanded a refund and refused to leave the park after he refused to put a knife he was carrying back in his car.
“He was still adamant that he get his money back,” Salem police Lt. Michael Kelly testified in court Tuesday.
Joshua Perry, 23, was also told to either leave or be arrested moments later when he swore at police officers dealing with his father, according to court testimony. Kelly said that Joshua Perry refused to leave or put his arms behind his back when he was told that he was being arrested for trespassing.
Perry's father stepped over and confronted police arresting his son, Joshua, prosecutors said. Joshua Perry, 18, then allegedly grabbed a police officer dealing with his father by the waist.
Kelly, who had a sling on his left shoulder, said he has suffered a separated clavicle and possible ligament damage while bringing Joshua Perry, 23, to the ground while trying to arrest him.
Two other family members are facing misdemeanor charges for the alleged melee: Damian Perry, 18, of Lyndonville, Vt., and Ashley Perry, 20, of Sutton, Vt., were each charged with disorderly conduct and criminal trespassing.
For more on this story, see Wednesday's edition of The Union Leader.