MANCHESTER — A city man declined to apply for a court-appointed lawyer Friday to represent him at trial in 9th Circuit Court-District Division-Manchester on a simple assault charge, saying he would represent himself.
But Judge Thomas Barry urged Michael Neacy, 29, of 456 Notre Dame Ave., to consider applying for a court-appointed lawyer or hiring a private lawyer, saying Neacy faces up to a year in jail, if convicted.Neacy pleaded innocent to the simple assault charge, as he is alleged to have grabbed a woman by the neck, along with throwing her across the living room of the Notre Dame residence twice earlier Friday.
Conditions of Neacy’s $2,000 personal recognizance bail include no contact with the woman and not going to the Notre Dame address. Neacy objected to the ban on going to the Notre Dame address, saying the woman has some property there, but has been staying at her parents’ residences.
But police prosecutor Carrissa Pelletier said when the woman was contacted by phone: “She told us she does live at that address.”
Barry said the ban on Neacy going at the address stands. The trial was set for Sept. 15.
Couple has history
Peter Chagnon, 44, of 336 Lake Ave., appeared resigned Friday in 9th Circuit Court-District Division-Manchester to being banned from the residence he shares with Rebecca Bent.
Chagnon was arraigned on misdemeanor charges of simple assault, criminal threatening, criminal mischief and false imprisonment stemming from an argument Thursday night.
Chagnon is accused of spitting on Bent, raising his fist as if he were going to strike her, punching a hole in the door and blocking the exit door from the apartment.Police prosecutor Carrissa Pelletier told Judge Thomas Barry: “There is a history between the two.” Both parties have been charged with assault and threatening in the past, but have reconciled over those incidents.Pelletier asked for $5,000 cash/surety bail for Chagnon, saying he was convicted of assaulting Bent in January 2012. Barry set bail at the requested amount, with conditions barring contact and barring Chagnon from the Lake Avenue address. The trial was set for Aug. 27.
Man says bail ‘not fair’
A Deerfield man objected to a proposed $2,000 cash/surety bail at his arraignment Friday in 9th Circuit Court-District Division-Manchester. Stephen Wheelock, 44, of 13 Cotton Road, is accused of calling a woman’s cellphone and leaving a message, violating a protective order issued by the Family Court that is in effect until July 2015.
A police prosecutor said Wheelock was previously convicted on a controlled drug possession charge and simple assault of the same woman.
Wheelock said he couldn’t afford the proposed bail. “It’s not fair,” he said. “I just came out of jail 11 days ago.”
Judge Thomas Barry set bail at the amount requested by the prosecutor, with conditions barring contact with the alleged victim and barring Wheelock from her residence. The trial was set for Aug. 27.
Two drug charges
A police prosecutor Friday requested $1,500 cash/surety bail in 9th Circuit Court-District Division-Manchester for Edgardo Pacheco, 26, of 11 O’Malley St.Police prosecutor Carrissa Pelletier said Pacheco had crack cocaine and marijuana in his possession when he was stopped on Wilson Street early Friday morning.
Judge Thomas Barry set bail at the requested amount. Because no plea can be entered to a felony in Circuit Court, a probable cause hearing on the possession of a narcotic charge was set for Aug. 7, so a judge can determine if there is sufficient evidence to send the case to the Hillsborough County North grand jury for possible indictment. A trial on the misdemeanor possession of a controlled drug charge was set for Aug. 27.
Bail is revoked
Defense attorney Kyle Robidas tried Friday in 9th Circuit Court-District Division-Manchester to persuade Judge Thomas Barry not to revoke Chantele Wallace’s bail. He asked the judge to let Wallace stay with a sibling in a wooded area near Nashua, away from the woman she’s accused of assaulting and stalking, and away from drugs.
Wallace, 23, of 71 Circuit St., was out on $1,000 cash/surety bail on a felony drug charge and a misdemeanor of disobeying a police officer when she was charged with misdemeanors of assault, stalking (3), and criminal trespass over a three-day period earlier this month. All the charges involve an ex-girlfriend. Police prosecutors filed a motion to revoke Wallace’s bail and have her held until her Aug. 27 trial on the earlier misdemanor.
Robidas said Thursday that Wallace was going through withdrawal from heroin and would do better at home with family and an ankle bracelet monitoring program. He wanted the bail revocation hearing held the same day as Wallace’s arraignment. But a judge Thursday said Wallace would be held overnight, so an attorney from the City Solicitor’s office could present the state’s arguments. The police prosecutors are not lawyers.
So Robidas was back Friday, telling the judge he would be presenting the same “spiel” as he did Thursday, arguing that Wallace be released to the custody of a family member, with ankle bracelet monitoring, transportation to narcotics anonymous meetings, and efforts to get into an inpatient drug treatment program, “The community would be protected,” he said.
Robidas said Wallace’s drug problem resulted from medication she was given after an accident. Before that, he said, she had a job.
City prosecutor John Blanchard said between the first and second set of charges, Wallace’s drug activity had increased and so had her erratic behavior. Over a three-day period, he said, Wallace entered the alleged victim’s residence late at night without permission, stood outside and shouted for her, assaulted her, followed her to work and around the city. He said the women had dated for three years, but the victim broke off the relationship and Wallace wouldn’t accept that.
Blanchard said Wallace was convicted in January of breach of bail and simple assault of the same woman and was given a six-month suspended sentence. But even the prospect of jail did not change Wallace’s behavior. He questioned why Wallace had not sought drug treatment before, if that is her goal in seeking release on personal recognizance bail.
Robidas said Wallace just recently starting getting insurance. Now, he said: “She has the resources to get treatment.” She could get an evaluation quickly at the Farnum Center, he said, although it could take three or four months to gain admission to a residential program.
The judge was not persuaded by Robidas’ arguments. He revoked Wallace’s bail, saying she would be held not only through the probable cause hearing date Aug. 7, but also through her trial date on the disobeying misdemeanor, originally scheduled for Aug. 27, but changed to Aug. 25 to accommodate Robidas’ schedule.
“I’m particularly concerned about the victim,” said Barry. There is no combination of conditions that could prevent Wallace from trying to contact the victim, he said, so he was ordering her held until the Aug. 25 trial on both the misdemeanor and the new charges.