Thursday December 16, 2010

Ryan Allen Russell, 32, of Brattleboro, appeared in the Windham Criminal Division of Vermont Superior Court Tuesday to respond to the accusation that he drove drunk for the third time in less than six years. According to court documents, he has also been charged for the third time with the operation of a vehicle while his license was suspended for drunken driving.

According to police documents, Russell was convicted of DUI in 2005 and again in December of 2007. When police stopped his vehicle in Bellows Falls Nov. 27, he was driving with a license that had been suspended since January 2008, police said. Russell has been convicted of driving with a suspended license twice before, once in 2007 and again in 2008.

According to court documents, Russell had a blood alcohol level of .148 percent when police stopped his vehicle last month on Rockingham Street.

Russell pleaded not guilty to the charges. If convicted, Russell will face up to five years in prison and a fine of up to $2,500 for DUI 3 and up to two years imprisonment and a fine of up to $5,000 for driving with a suspended license.

He was released on conditions including an 8 p.m. to 5:30 a.m. curfew except to report daily to the Brattleboro Police Department. He is prohibited from buying, possessing or drinking alcohol.

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Osmer F. Clark, 51, of Newfane, pleaded not guilty to felony marijuana cultivation in court on Tuesday after police allegedly found 48 marijuana plants growing on his property on South Wardsboro Road.

Vermont State Police Sergeant Christopher Buckley said in his affidavit that on Sept. 9 he slowed his cruiser down to 20 mph as a garden on the side of the road caught his attention. He observed several marijuana plants and photographed them from the roadway, he said.

He obtained a warrant and conducted a search of the property later that day, where he discovered that most of the outdoor plants had been pulled from the ground. There was also an indoor space that Buckley said could best be described as an indoor grow room.

If convicted, Clark could face up to 15 years in prison, a fine of up to $500,000, or both. He was released on conditions following his arraignment.

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Frederick Anderson, 52, pleaded not guilty in court Tuesday to the sale of narcotics, two counts of marijuana sale or delivery, and two counts of marijuana possession.

Anderson allegedly sold the drugs between Oct. 5 and Oct. 10 in Bellows Falls. According to the affidavit, a person who wished to remain anonymous approached the Bellows Falls Police department out of concern for his or her children being exposed to drugs. The person told police that he or she is a recovering drug addict who purchased prescription drugs from Anderson in the past and expressed willingness to cooperate with the investigation, which eventually led to his arrest.

If convicted, Anderson could face up to five years in jail for the sale of narcotic drugs and two years in prison for each of two counts of the sale of marijuana, plus fines. He is also facing up to six months of additional jail time for possession of marijuana. He was released on conditions following his arraignment.

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Marvin C. Bentley, 53, of Wardsboro, pleaded not guilty in court Tuesday to felony marijuana cultivation and possession of more than one pound of marijuana.

According to the police affidavit, a Marijuana Eradication Response Team (MERT) spotted Bentley’s residence on Newfane Road from a helicopter during a reconnaissance mission Sept. 21. The team noticed what appeared to be six to 10 marijuana plants growing a short distance from the residence and, after further investigation, Vermont State Trooper obtained a search warrant for the property.

Several officers searched the residence on Oct. 10 and found 29 drying marijuana plants, 12 living plants and about four and a half pounds of processed marijuana, according to police documents. 

If convicted, Bently could be sentenced to up to five years in prison and a fine of up to $100,000, or both, for cultivation. The charge of possession of more than one pound of marijuana also carries that same maximum penalty. He was released on conditions.

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Grady J. Matteson, 23, of Winhall, pleaded not guilty in court Tuesday to felony unlawful trespass of an occupied residence and is facing up to three years in prison and a fine of up to $3,000 for the offense, which allegedly took place Oct. 24 in Dover.

According to court documents, Matteson entered the victim’s apartment while the man was sleeping and assaulted him. The alleged victim said his ex-girlfriend and Matteson entered his home without permission -- the ex-girlfriend told police the dispute was over a dog, which she said she and Matteson had "joint custody" of.

The alleged victim said he woke to the sound of the two intruders chasing the dog around his apartment. According to police, he had red marks on his face and neck as a result of the scuffle that ensued.

Matteson was released on conditions following his arraignment.