Opinion
KENCD-CR-2022-1576 KENCD- CR-2023-1010
07-14-2023
STATE OF MAINE, v. IRINEU GONCALVES, Defendant
ORDER ON STATE'S MOTION FOR REVOCATION AND FORFEITURE OF PRE-CONVICTION BAIL AND DEFENDANT'S MOTION TO AMEND BAIL
Before the Court are (1) the State's Motion for Revocation and Forfeiture of Pre-Conviction Bail in Docket No. KENCD-CR-2022-1576 (the "Motion to Revoke Bail"), and (2) the Defendant's Motion to Amend Bail in Docket No. KENCD-CR-2023-1010. The Court conducted a hearing on the motions on July 13, 2023, at which the Defendant was represented by Roger F. Brunelle, Jr., Esq. and the State was represented by Assistant District Attorney Amanda Seekins, Esq. As discussed below, the Court orders the- Defendant to continue to be held without bail and denies the Defendant's request to amend bail in Docket No. KENCD-CR-2023-1010.
Motion to Revoke Bail (Docket No. KENCD-CR-2022-1576)
In Docket No. KENCD-CR-2022-1576, the Defendant was charged with Criminal Restraint, Domestic Violence Assault, Obstructing Report of Crime or Injury, and Endangering the Welfare of a Child. On September 21, 2022, he was bailed on $5,000 cash with several special conditions, including that he not have contact with the alleged victim.
On June 15, 2023, the State filed the Motion to Revoke Bail on the grounds that the Defendant committed new criminal conduct and violated the no-contact condition by assaulting the alleged victim on June 14, 2023, in Waterville. The State alleged that when Waterville Police Officer Jake Whitley arrived at the scene he "observed the Defendant actively strangling [the alleged victim], while she lay unconscious on the ground. Officer Whitley had to physically remove the Defendant from [the alleged victim]." The Defendant was charged in Docket No. KENCD-CR-2023-1010 with Attempted Murder, Domestic Violence Assault, Domestic Violence Terrorizing, Assault on a Law Enforcement Officer, and Violating Conditions of Release.
On June 16, 2023, the Defendant made his initial appearance on the Motion to Revoke Bail and entered a denial. The Court ordered him held without bail pending hearing. At the hearing, the Defendant changed his answer from a denial to an admission. He argues the Court now should set bail because there are conditions of release that would reasonably ensure (1) he will not continue to commit new crimes while out on bail; (2) he will appear in the future; (3) the integrity of the judicial process; and (4) the safety of others in the community. See 15 M.R.S. §§ 1097(1), (2). Based on the evidence presented at the hearing, the Court disagrees. The Defendant has admitted to the allegations in the motion, and the Court is unable to find there are bail conditions that will adequately protect the community and ensure the Defendant will refrain from future criminal conduct. The Defendant's pre-conviction bail is revoked and forfeited pursuant 15 M.R.S. § 1094. Lie shall be continue to be held without bail.
Motion to Amend Bail (Docket No, KENCD-CR-2023-1010)
As discussed above, as a result of the incident on June 14, 2023, the Defendant was charged with Attempted Murder, Domestic Violence Assault, Domestic Violence Terrorizing, Assault on a Law Enforcement Officer, and Violating Conditions of Release. At the Defendant's initial appearance on June 16, 2023, the Court set bail at $1,000,000 cash with special conditions of no contact with the alleged victim. At the hearing, the Defendant moved for a de novo review of his bail. See 15 M.R.S. § 1028-A.
The Court carefully has considered the Defendant's arguments but finds bail should remain as set. The cash component is high but not in excess of what is reasonably necessary to ensure the appearance of the Defendant, to ensure he will refrain from new criminal conduct, and to ensure the safety of the public. 15 M.R.S. § 1026(3)(B). The Defendant has demonstrated his willingness to violate bail, even with a large cash component, which calls for the Court to exercise a very cautious approach. This particularly is so in light of the evidence of the relationship between the Defendant and the alleged victim and the injuries he inflicted on her on June 14, 2023. The Court also notes the Defendant received an ODARA Score of 8, which suggests a high potential rate of recidivism. The Court has reviewed the standards in the Bail Code and finds that no other set of conditions reasonably would be adequate to ensure the Defendant will appear in the future, that he will refrain from new criminal conduct, that the integrity of the judicial process will be maintained, and that the safety of others in the community will be protected. 15 M.R.S. § 1026(2-A). For these reasons, bail will continue as set on June 16, 2023.