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Homeless men seek release pending trial for break-in

September 30. 2013 10:44PM

MANCHESTER — Two men who list the homeless shelter as their address were arraigned Monday in Manchester District Court on charges related to the burglary early Friday of Sterling Linen Services, 39 Beech St., in which tools and tool boxes were taken from a secured maintenance room.

Police said the men were arrested later in the day at 444 Union St., where they had allegedly broken into a common area and were trying to sell the stolen tools.

Alex Acevedo, 32, was arraigned on a felony burglary charge in connection with the business break-in and on misdemeanor charges of criminal mischief and criminal trespass, for damaging a door and remaining in the Union Street building without permission.

Julio Rivera, 45, was charged with felony possession of a narcotic drug, after he was allegedly found in possession of a hypodermic needle containing heroin, and felony receiving stolen property, for allegedly having stolen tools in his possession. He pleaded innocent to two misdemeanor charges of theft of lost or mislaid property, accused of having a cell phone and Triangle Credit Union debit card belonging to another man in his possession, and to criminal mischief and criminal trespass charges related to the Union Street address.

Probable cause hearings on the felony charges for both men were set for Oct. 8 and trials on the misdemeanors were set for Oct. 29.

Acevedo asked Judge William Lyons to convert the prosecution's requested $3,000 cash/surety bail to personal recognizance, saying: "I finally have a job coming up." Lyons set bail at $2,000 cash/surety.

When it was his turn to talk about bail, Rivera said he needs drug rehabilitation and a bed in a facility will soon be available. He also asked for personal recognizance bail, but Lyons, after learning of Rivera's previous convictions for drug offenses, being a habitual offender, driving while intoxicated and disobeying a police officer, set bail at the $5,000 cash/surety requested by the prosecutors.

Broomstick was weapon

Daniel Rabbitt, 33, of 215 Wilson St., is now barred by bail conditions from returning to that Wilson Street address and from contact with his mother and stepfather.

Rabbitt, who is accused of injuring his stepfather and mother by hitting them on the head with a metal broom handle, was arraigned Monday in Circuit Court-Manchester District Division on two felony charges of second-degree assault.

Because no plea can be entered to a felony in Circuit Court, a probable cause hearing was set for Oct. 9. Bail was set at $10,000 cash/surety for Rabbitt, who is under the umbrella of a 12-month sentence, suspended for three years of good behavior, on a 2012 criminal threatening conviction.

Blames drug habit

Daniel Cruzado-Martinez, 27, of 144 Lake Ave., could enter no plea Monday in Circuit Court-Manchester District Division to a felony burglary charge that alleges he reached through an open window in a Silver Street residence Saturday and stole a cell phone. He also accused of damaging the window screen in order to grab the cell phone.

"I steal things and sell them," said Cruzado-Martinez. "I'm a drug addict." A probable cause hearing on the felony charge was set for Oct. 8.

After a police prosecutor said Cruzado-Martinez' criminal record includes willful concealment in 2011, theft by unauthorized taking in 2012, and assault Aug., 15, 2013, Lyons set bail at $3,000 cash/surety,

Probation hold trumps bail

Robyn Jenks, 33, of 122 Market St., Monday asked Circuit Court-Manchester District Division Judge William Lyons for personal recognizance bail on a felony charge of theft by unauthorized taking.

Jenks is accused of stealing nearly $900 in merchandise from Macy's on South Willow St. Friday. The charge is a felony because Jenks has two previous theft convictions.

She could enter no plea to the felony charge in Circuit Court, so a probable cause hearing was set for Oct. 9.

Lyons set bail at the $3,000 cash/surety requested by the prosecutor, but Jenks cannot be released on any kind of bail unless a 72-hour probation hold, in connection with a previous conviction, is lifted.

"I served my time"

Pedro Garcia, 32, of 158 Wilson St., objected to a proposed $1,000 cash/surety bail requested by a police prosecutor at Garcia's arraignment Monday in Circuit Court-Manchester District Division.

Garcia had pleaded innocent to a misdemeanor charge of theft by unauthorized taking, for allegedly stealing a DeWalt Drill Set valued at $299 from Home Depot, 129 March Ave.

A police prosecutor said Garcia has a significant record in Florida, but Garcia told Judge William Lyons: "I did my time for that. ... I haven't been in trouble in New Hampshire."

Lyons cut the proposed bail in half, to $500 cash/surety. Trial was set for Oct. 28.

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