Saturday December 1, 2012

BENNINGTON - The following cases were heard in Bennington Superior Court Criminal Division during the week of Nov. 26.

* Mathew J. Marcewicz, 27, of Manchester, pleaded not guilty Friday to aggravated assault with a weapon and was held without bail. He was arraigned in Rutland Superior Court Criminal Division.

According to an affidavit by Manchester Police Officer Paul McGann, on Thursday shortly after 8 p.m. he and other officers responded to Middle Road for a reported fight. He said he met with a woman who said she had been arguing with her father over bills, and that Marcewicz overheard her crying after the argument. She said Marcewicz got a knife from the kitchen and made remarks indicating he was going to confront her father. She said Marcewicz and her father shoved each other while Marcewicz was holding the knife, but she was able to separate them, get the knife, and throw it.

Marcewicz told police after he spoke to the woman, he went to get the knife to harm himself, but dropped it when her father entered the room.

* William Vanderkar, 53, of Manchester, pleaded not guilty Monday to a felony count of marijuana cultivation, and a misdemeanor charge of cocaine possession. According to court records he was released on his own recognizance.

According to an affidavit by Manchester Police Officer Anthony Carroccio, on Oct. 17 police received a tip that marijuana was being grown at Vanderkar's home. Police applied for and were granted a search warrant, which they executed that day at 2:40 p.m. Police said they found two marijuana plants two feet in height weighing two pounds once the root ball was removed. Five smaller plants, between two and six inches tall, were found, as well as .7 grams of cocaine. Light bulbs, hydroponic materials, and a digital scale were also located and seized.

* William Cruzado, 31, of South Stream Road in Bennington, pleaded not guilty Monday to two counts of failing to comply with the sex offender registry. He was released on conditions he abide by the registry's rules. According to an affidavit by Bennington Police Detective Anthony Silvestro, on Jan. 13, 2005, Cruzado was convicted in Bennington Superior Court Criminal Division (then known as District Court) of two counts of sexual assault on a victim under 16 years old.

Silvestro wrote that Cruzado's listed address was for the Midtown Motel on Main Street, but he learned from the motel that Cruzado had checked out on Aug. 12. He also learned that the street address matched the Bennington Motor Inn, which had no record of Cruzado ever living there. According to Silvestro, address verification forms were sent to Cruzado's mailing address by the registry in June, but he did not return them. Silvestro said on Nov. 15 he met with Cruzado, who said he had not told the registry he had left the Midtown Motel and did not know he had to verify his address.

* Makayla Hudy, 19, of Manchester, pleaded not guilty Monday to a felony count of aggravated assault. She was released on conditions she obey a curfew and not have contact with Kaitlin Andrews.

According to an affidavit by Manchester Police Officer Abigail Zimmer, on Oct. 30 at 9:15 p.m. he went to Manchester Short Stop to speak with Andrews, who said Hudy had assaulted her. Andrews told police she works at the Short Stop and had closed the store, then gone to set gas prices at the pumps. She said she saw Hudy and three other people near her car, and went to ask Hudy if she was stalking her. She later told police she used to be friends with one of the females in the group, but had a falling out. She told police that female may have put Hudy up to assaulting her.

Andrews told police Hudy hit her a number of times, causing her to fall and hit her head. She said she got back up and was knocked down once more by Hudy and this time the fall damaged her cell phone, which she was able to repair well enough to call 911, but by then the group had left. 

Hudy was found and arrested. According to the affidavit, she gave a written statement saying "My friends and I decided to go for a walk, I saw Kaitie Andrews and I said ‘Is that her?' and took off. I saw that she was coming out of the store so I went off to the side and waited. Then when she came out I went up to her and started to hit her. My friends came over because they realized what was happening and AJ pulled me off. I did this because this girl Kaitlin Andrew(s) runs her mouth to me and to Nichole because she thinks she's tough. She tried to ruin our lives for no reason. I wasn't going to let her keep playing games with us, so I saw the chance and took it. Everything she has tried to do was wrong."

Hudy told police Andrews has called child protective services on a friend of hers. "So obviously if I see her I'm gonna go after her," she told police according to the affidavit.

* Lisa Martin, 43, pleaded not guilty Monday to a felony count of unlawful trespass. She is listed by the court as being homeless and was released on conditions she not go to a home on Dewey Street in Bennington.

According to an affidavit by Bennington Police Officer Thomas Bull, on Oct. 26 he spoke to John Kinney, of Dewey Street, who said he had come home from work that afternoon to find the doors to his house open and a woman's purse in his living room. He said he looked through the purse for identification and found a pill bottle bearing Martin's name. He told police he does not know Martin and never gave her permission to be in his house.

Bull said another officer found Martin on Elm Street and took her to Southwestern Vermont Medical Center for an evaluation. Bull wrote that Martin did not remember how her purse had come to be in Kinney's home. Bull said she was not questioned further because of her mental condition.