BENNINGTON -- The following cases were heard in Bennington Superior Court Criminal Division during the week of April 15. On Monday Timothy E. Peles, 21, of Cyr Court, pleaded not guilty to felony counts of heroin sale, and conspiracy to sell drugs. He was released on conditions. According to an affidavit by Bennington Police, on Feb. 9, 2012, a "cooperating individual" referred to by police as "CI" told them he or she could purchase heroin from Peles. Police gave CI $30 and a recording device and observed CI meet with Peles, who went to fetch Douglas Radcliffe. Police said CI told them he or she bought two packages of heroin from Radcliffe.
According to court records Radcliffe had been facing drug charges but those were dropped in January by the state.
Police said Peles turned himself in on March 20 of this year.
Kyle J. Stork, 18, of North Road in Arlington, pleaded not guilty to a felony count of gross or negligent vehicle operation, and a first offense of driving under the influence of alcohol. He was released on he conditions he abide by a 7 p.m. to 5 a.m. curfew and not consume alcohol.
According to an affidavit by Bennington County Sheriff’s Deputy William LaTour, on Friday at 6:40 p.m. he was on patrol in Arlington when he saw a vehicle speeding on Warm Brook Road. He followed it onto Maple Hill Road where he saw it go off the road and collide with some rocks, becoming stuck. LaTour activated his blue lights as the driver tried to free the vehicle eventually giving up and getting out of the vehicle with his hands up.
LaTour said Stork was not cooperative and so he called State Police for support. LaTour wrote that Stork continued to be uncooperative and was removed from his vehicle by Turner.
Empty beer cans were found in Stork’s vehicle and according to the affidavit he provided a breath sample showing his blood-alcohol content to be .176 percent.
On Tuesday, Shamroc Lavigne, 32, of Washington Street in Bennington, pleaded not guilty to a felony count of burglary of an occupied dwelling, and two misdemeanor counts of simple assault. She was released on the condition she not contact Nicole Shores or Alfred Hickey. In the police affidavit attached to the case, Nicole Shores is referred to as Nicole Hickey and, it states, is married to Alfred Hickey.
According to the affidavit by Bennington Police Sgt. Michael Plusch, on Monday at 9:11 p.m. he was sent to Pageant Street where it was reported that Lavigne had entered a house and assaulted a woman, and that the homeowner had a rifle out. Plusch said on his way over that he saw a woman on the street with blood on her knuckle who he identified as Lavigne.
"I asked the female what was going on and she advised me that Nikki told her to come over and bring it so she brought it," Plusch wrote.
Lavigne was taken into custody and declined to speak to police further.
Nicole Hickey told police it was Lavigne who forced her way into the home and hit her in the face. Plusch wrote Hickey was bleeding from a cut on her lip and had marks on her face which was also swollen. She said she was putting her children to bed when the homeowner, Kal-Jo Szabo, said Lavigne was at the door. Hickey said when she opened the door Lavigne forced her way in and attacked her.
She said Alfred Hickey held Lavigne back while Nicole Hickey called police but during that time Lavigne pushed him down breaking a window in the process. She said Alfred Hickey got up and punched Lavigne after he was attacked further and Lavigne went to the ground. At that point Szabo had a rifle and told Lavigne to leave, which she did.
Nicole Hickey told police that Lavigne and her husband, John Lavigne, had been sending threatening voice mails and texts leading up to the incident.
Shamroc Lavigne gave a breath sample showing her blood-alcohol content to be .113 percent.
-- Keith Whitcomb Jr.