3 men held on alleged home assault in Manchester


BENNINGTON — Two more men have been charged for allegedly being part of a group that entered an apartment in Manchester, restrained and assaulted the 63-year-old resident, and took off with valuables.

Jason Davie, 38, and Joshua McMahon, 40, are facing state charges of kidnapping, burglary into an occupied dwelling armed with a dangerous or deadly weapon, and aggravated assault with a weapon, according to court records.

Chad Herrington, 44, had earlier been charged with kidnapping, burglary into an occupied dwelling and aggravated assault with a weapon.

The men, all residents of Manchester, could be sentenced up to life in prison if convicted of kidnapping, the most serious of their three felony charges.

The apartment resident, Wayne Hemingway, told Manchester Police that three people wearing masks and carrying baseball bats knocked on his Torrey Knoll home in the wee hours of April 20 and began beating him after he opened the door, according to court documents.

They allegedly pulled Hemingway outside the apartment, and one of them restrained him with a "forearm against his throat" while the other two "entered his residence and ransacked it," Manchester Police Officer Jason Thomas said in a sworn statement obtained from the Bennington County Superior Court. Hemingway said he believed his attackers were looking for drugs but didn't find any because he was currently clean and sober. They, however, apparently took an unknown number of CDs.

Hemingway reportedly recognized Herrington's voice and walk, as well as McMahon's voice from "past drug involvements," the affidavit reads.

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The police officer noted injuries throughout Hemingway's body, including a wound that ran from his forehead to his eyes, bruising around his wrists and a large bruise on his left thigh.

According to a supplemental sworn statement by Thomas, McMahon told the police officer Herrington had asked for his company going to Hemingway's residence to "collect a debt in relation to drug dealings." McMahon reportedly said also that Davie and Herrington attacked the older man, while he became scared and ran back to his car.

McMahon said that as they drove away, Herrington told his companions he'd thrown items at Hemingway's television, smashing it off its stand, according to the supplemental affidavit. And McMahon thought Herrington had also taken some of Hemingway's clothing.

The three men are charged also with a misdemeanor, petit larcery for stolen goods with a value not exceeding $900. They've pleaded not guilty to all their charges.

Judge William Cohen ordered Davie and Herrington held without bail, whereas McMahon's has been set at $100,000 cash or surety. They're all in custody at the Marble Valley Regional Correctional Facility in Rutland.

McMahon is due back in court Thursday on his request for home detention. Herrington is also set to appear today (Thursday) for a weight of evidence hearing. Davie has been scheduled for a jury draw June 4.

They've all been assigned defense attorneys: Thomas Enzor for Davie, Susan Keane McManus for Herrington and Jonathan Ward for McMahon.

Tiffany Tan can be reached at ttan@benningtonbanner.com, @tiffgtan at Twitter and 802-447-7567 ext. 122.


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