Drugs & Drones Don't Mix

Ryan Krouch stands before Judge Estes from the lock up

Back in the Wild West days it was a hanging offense to steal a man's horse.  These days don't mess with a man's drone, even if he is a college aged male.

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In Easter Hampshire District Court on Friday the Commonwealth requested $1,500 bail for Ryan Krouch, age 21, telling the judge he had struggled with Sargent Ting and had to be restrained via an armbar.  He also had two previous defaults on minor charges.

But Judge Estes noted he did make good on those two appearances within days of the default so he allowed him to be released on his personal recognizance. 

Mr. Krouch will appear for pre trial on November 18 but in the meantime has to "stay away" from Amherst and submit to random drug testing.

Never Ever Punch A Cop

Cullen Driscoll, age 18, stands before Judge Murphy

So this mistake -- sucker punching a female officer in the face -- will cost Mr. Driscoll dearly.

Obviously UMass will bounce him for at least a year, and they don't give refunds for payments already made to cover this semester. 

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All because he can't figure out how to drink responsibly -- a trait he probably shares with all too many freshmen, away from home for the very first time. 

In Eastern Hampshire District Court on Monday Driscoll was assigned a public defender at a cost of $300 and his case was continued until March 29.

Ruh-Roh On Red

UMPD had to attend 2 Eastern Hampshire District Court hearings

I always try to blend in when covering Eastern Hampshire District Court proceedings and since they deal with a cross section of the Happy Valley it's not all that hard to do.

 I also only use an iPhone for photos so I can be as inconspircous as possible, although I do carry a classic reporters notebook and old fashioned pen to take notes which does tend to stand out.

And on occassion I've been known to mutter under my breath -- but loud enough for some court officials nearby to hear -- when someone appears for their 4th or 5th DUI offense.

Or I occasionally laugh out loud at one of Judge Payne's animated expressions.

But yesterday was the first time I had to resist the urge to raise my hand and offer input on a matter as though I were attending an Amherst public meeting.

A woman was given a ticket for "failure to stop at a stop sign" at the intersection of University Drive and Massachusetts Avenue, a leading gateway to our illustrious University.

She had already lost the Clerk Magistrate's Hearing and was now appealing that to the Judge.  She told Judge Payne that after the first hearing she returned to the scene of the crime but could find no stop sign.

The officer responded that a flashing red light is a stop sign and she did not come to a complete stop.  Judge Payne agreed with the officer and upheld the ticket.

For those of you who come upon that intersection for the first time you probably think it's under repair and that is why the lights are flashing: red if you are on University Drive and yellow if you are on Massachusetts Avenue.

But they are always like that, going on many, many years now.

Yet the intersection is only a stone's throw away from the one at Massachusetts and Commonwealth Avenue, where the traffic lights are fully signalized.

And if you are on University Drive taking a right (which should be a "right turn on red") you can see all the way into Hadley to your left for oncoming traffic.

With as many Planners as UMass employs you would think somebody could tweak the lights at that busy intersection to serve a more useful purpose.


Yes, I did roll through this yesterday while enroute to a "box alarm" at Du Bois Library

District Court Déjà Vu

Eastern Hampshire District Court Monday 9:00 AM

I have not seen a Monday morning in Eastern Hampshire District Court this crowded since the one that followed the Blarney Blowout in 2014 when 58 college aged youth were arrested -- beleaguered APD accounting for 55 arrests and UMPD only 3.

Yesterday it was "only" 32 total arrests being arraigned, 28 for APD and 4 of them UMPD.  And like the ignominious Blarney Blowout, all of them were pretty much alcohol related.

 Eric Beal (seated) watching the proceedings

UMass Neighborhood Liaison Eric Beal, himself a civil attorney, attended Monday's crowded arraignment session for the first time and came away very impressed.  He told me the courtroom was run like "a tight ship", the "most efficient courtroom" he had ever seen.

Between the 9:00 AM start and 11:00 AM adjournment Judge Payne and the DA's office had disposed of all 32 arrests.

It helps of course that the Commonwealth has a "diversion" program that turns criminal complaints into civil ones with the payment of the town bylaw fine ($300), four months probation and a required alcohol education program sponsored by UMass, or the "brains at risk" program for non UMass students.

And the District Attorney's office is always cool, calm and professional when pitching these pleas that work well for everyone.

I counted at least 20 APD arrests who took the diversion program, most of them arrested for underage drinking and "open container on a public way."  Thus the town "benefits" by $6,000 in fines.

APD Chief Livingstone tells me that overtime costs for the all-hands-on-deck Halloween weekend came to $5,885 thus we, sort of, broke even.

That fine money however goes into the General Fund and not to the police budget, so in that sense a losing deal for APD.

Most of the Blarney Blowout cases settled this same way although my memory is Judge Payne required perps to write a letter of apology to the Amherst police department for their boorish behavior that day.

Amherst Fire Department had their extra "impact shift" of four firefighters on duty from 9:00 PM to 7:00 AM all weekend (bringing total to 13) but that is covered by UMass who pays the town $80,000 "extra" per year to staff more ambulances on weekends when school is in session.

Darn good thing, since AFD had 30 medical runs to UMass, 20 of them for alcohol abuse and 16 of those necessitating transport to Cooley Dickinson Hospital, a round trip that eats up a full hour of time per ambulance.

ETOH = alcohol OD

"More Than A Little Bizarre!"

Judge John Payne presiding over Eastern Hampshire District Court

Normally I don't cover the plethora of cases that are adjudicated in Eastern Hamsphire District Court from towns other than Amherst.

Although on any given day I leave the courtroom shaking my head from statement of facts heard in open court concerning incidents that occur in our neighboring towns.

Take Monday for instance. While waiting for Amherst police department arrests over the weekend (4) to be arraigned, I was only half listening to the pre-trial motions, parole violations, magistrate appeals of motor vehicle tickets, etc.

But when Judge Payne changed the tenor of his voice I started paying attention.

 Harry Bonatakis, age 60, stands before Judge Payne

The case concerned a plea deal of nine months probation for a 60-year-old man arrested for Assault & Battery on a young woman.  Specifically he  "massaged her foot" without permission in the parking lot of Big Y in South Hadley.  And she had her four year old child in the car at the time.

He had come over to her as she was entering her car and started talking to her initially complimenting her vehicle but grabbing the top of the driver door preventing her from closing it.

Then he asked if she always went barefoot, to which she replied that wearing high heels at work all day caused her feet great discomfort so she took them off.

He then reached down and started massaging her bare foot saying he was a trained message therapist.  She called police.  He was arrested.

Judge Payne first asked why the Commonwealth was requesting 9 months probation, finding that an "odd number."  The Assistant District Attorney said he originally wanted a full year but the public defender wanted six months, so they split the difference.

The public defender admitted to the Judge the incident was a "little bizarre," but chalked it up to his client "getting his signals crossed."

Shaking his head Judge Payne said sternly, "I'm not comfortable with the plea deal.  I'm troubled by the facts here:  8:30 at night in a public parking lot.  It's more than a little bizarre!"

Judge Payne ordered a Forensic Evaluation saying, "I want to know what's going on and if additional structure is needed for him."  The case was continued until October 20.

Almost next up was one of the four Amherst police arrests, but I should have gone back to not paying attention since his case was designated a "56A" (domestic abuse).  As such the incident is purged from APD logs and the Clerk Magistrate's office will refuse to give out documents relating to the case.

So all I can tell you is Christopher McMahon was arrested by APD and arraigned before Judge Payne for a 56A allegation.  His case too was continued until next month.

Christopher McMahon arraigned before Judge John Payne

Don't Do Drugs!

Amherst police made two drug arrests over the weekend, both 20-year-old females who were running a drug store out of their vehicle while UMass police made three drug arrests, all of them male.  

The UMPD arrests were associated with the Mullins Center EDM concert late Friday night that swamped our medical system and these two APD arrests at a North Amherst apartment complex only a couple hours after the music event ended, was probably also connected.

Click to enlarge/read one stop shopping list

Amber Lynn Noyes stands before Judge Payne

Tresa Leinhart arraigned before Judge Payne

In Eastern Hampshire District Court on Monday both young ladies were assigned a public defender and had their cases continued until October 14.

Variety of Alleged Assaults

Eastern Hampshire District Court in Belchertown

In addition to handling arraignments for arrests from Amherst and other local police departments (and State PD) a District Court Judge also routinely hears parole violations, magistrate appeals over civil motor vehicle violations and 258E restraining orders.

On Monday morning  Robert Chiado was arraigned before before Judge John Payne on the scary sounding charge of a"assault and battery with a dangerous weapon", an ax.  Although at his arraignment the Assistant District Attorney told the Judge, "It was just a threat, there was no active use of the ax."

Robert Chiodo, age 47, stands before Judge John Payne

He was arrested early Saturday morning for threatening two individuals with the ax after he drove his truck close to them on State Street and one of them slapped the truck with his hand. Right out of a horror movie Chiodo pulled over, exited his vehicle brandishing the ax.

He spent the next two nights at the Hampshire County Jail in Northampton but was released by Judge Payne on his own recognisance and will appear again in Court on July 21.  As he was being released the Judge's assistant asked the prosecution if there were "56A allegations" to which he replied "no."

So I was a little surprised when I returned for my public document request a few hours later and was told the police "Statement of Facts" had been "impounded."  Turns out it had nothing to do with the new 56A law, which forbids any release of information regarding "domestic abuse," but simply because one of the victims was a juvenile.

I asked why the Clerk's office couldn't simply redact the one name but was told that's not the way it works.

After Mr. Chiodo was being led out of the "lock up" on the side of the court room, Judge Payne transitioned to a 258E protection order and all eyes shifted to the front of the room where most Court business is transacted.

A gentleman introduced himself politely to Judge Payne and stated he was from the US Attorney's Office representing the Department of Homeland Security.

He basically told the Judge he was present today to ensure no special agent's testify in the case now before the Judge because the Department of Homeland Security had not yet completed their investigation and had not issued permission for any of their employees to testify.

The Judge had issued an emergency harassment order last week to a woman and today's hearing was for an extension of that Court order.  A female agent had sought protection against a male agent for bad behavior occurring at their 1550 Main Street office in Springfield.

She had brought with her another special agent from the same office to testify as a witness, and the male defendant had another "local attorney" assigned to him by the Department of Justice who told the Judge he simply wanted this hearing "continued."

He was working to get the matter transferred to a Federal Court.

Judge Payne continued the hearing until July 21 but did extend until then the 258E protection order -- no contact, no abuse, and "stay away" at least 100 yards.

One of the attorney's confirmed the defendant had been transferred from the Springfield to the Hartford office until the matter is resolved. 

I guess this shows the Department of Homeland Security is pretty much like any workplace in America.  With the 14th anniversary of 9/11 fast approaching, not an overly comforting thought.

Danger, Danger!

David Rempp, age 23, hangs his head as he listens to victim testify

After giving sworn testimony of a violent domestic assault including punches to the face, kicks to the body, and wanton destruction of property with an aluminum baseball bat, prosecutor Matt Russo asked the victim how she would feel if her attacker were released on bail today?

The woman hesitated ... but then tearfully responded, "I can't say I'd feel safe.  He needs mental help.  I'm worried about him that way."

During her recounting of the altercation that took place at the Amherst residence she shares with her 16-year-old son, the victim states Rempp had told her he was "tired of living."

He then took two bottles of sedatives (60 pills), although he was the one who called the crisis center in Northampton to report the overdose.

Amherst Police patrolman Felipe Feliciano testified that Rempp, who he recognized from Craig's Place Homeless Shelter, was sitting on the front porch steps alone when he first arrived.

The victim, who was crying, had a swollen right eye and her bedroom was in disarray.  A fish tank and dresser mirror had been shattered and there were three holes in the drywall caused by a bat.

In closing arguments the prosecutor pointed out Rempp had a history of physical abuse and exhibited mental health issue to the point where he's "not all there all of the time."  He is "highly erratic, a danger to innocent bystanders as well as himself."

The Assistant District Attorney further underscored that danger by citing previous Assault & Battery convictions in 2014 (which he was still on probation over) and 2009.  And even as a juvenile a conviction for A&B with a dangerous weapon back in 2008.

He requested the Judge find in favor of the Commonwealth on this Chapter 58A dangerousness hearing.

The public defender pointed out a restraining order was already in effect so the Judge could simply extend the order and require his client to seek mental health treatment.

 David Rempp (bright pants) stands to hear Judge Payne's decision

Judge John Payne said he was "troubled by the nature of events, especially the level of violence."  Then looking directly at Rempp the Judge declared, "I don't feel comfortable releasing him; I find in favor of the Commonwealth."

David Rempp, with hands and feet shackled, was escorted from the Courtroom.  He will be held without bail at the Hampshire County House of Correction until his next District Court appearance May 7.

Revolving Door

Timothy Stahl appears before Judge Murphy, ADA Bob Opsitnik (rt)

Timothy Stahl was arrested yet again by Amherst police Tuesday on a warrant for "failure to appear" in Eastern Hampshire District Court Tuesday morning to be arraigned for his arrest over the weekend for "disturbing the peace."

Naturally he did not wish to go quietly so he was again charged with "disturbing the peace."  Only this time he was transported to District Court by APD after spending the night in lock up.

Assistant District Attorney Bob Opsitnik requested $500 bail (which if not paid would keep him behind bars) but Judge Murphy released him on $1,000 "personal surety," meaning if he doesn't show up to his next scheduled appearance March 18 he pays that amount. 

He was also assigned a public defender.

Weapons, Drugs & Resistance

Terrence Ware stands before Judge Charles Groce

What started out as a domestic disturbance called in by a 3rd party ended up badly for Terrence Ware Jr, although domestic abuse was not among the charges he was arraigned on yesterday in Eastern Hampshire District Court.

But because he resisted arrest (while in possession of pot and a pipe) he ended up arrested anyway. And considering he was in possession of a doubled edged knife, illegal in Massachusetts since 1972, he could also have been charged with illegal possession of a dangerous weapon.

His case was continued until March 3rd.

   Terremce Ware

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For those of you who are not convinced heroin is a problem, even in the innocent little college town of Amherst, take note:

This document could just as easily be a medical examiner's Death Certificate rather than a police Statement of Facts.

When you find someone passed out with two needles near his outstretched arm ... well, does Philip Seymour Hoffman ring a bell?

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Patrick Blanke, age 29, failed to show up for his original arrignment back in late June thereby triggering a warrant for his arrest, which caught up to him on Monday.

In District Court yesterday he pled guilty to the original charges and he was sentenced by Judge Groce to six months in jail.