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BRATTLEBORO — A Guilford man accused of breaking into a Newfane home and threatening its occupant was released on conditions that he not come into contact with that person.

According to documents filed in Windham Superior Court, Criminal Division, David Marquez, 51, has been charged with one count of unlawful trespass of an occupied residence and one count of criminal threatening.

If found guilty, Marquez could be sentenced to up to one year of jail on each count.

On Nov. 23, Marquez had been in the home on Dover Road and had made sexual comments, which made the occupant feel uncomfortable.

The occupant told Marquez to leave and he did so, but the next day, around 4 p.m., Marquez allegedly “jimmied the lock” of the front door and entered the home.

The occupant asked Marquez to leave the house, but Marquez responded he wanted “to make things right” from the day before.

The occupant stated they would call the cops, to which Marquez responded he would “bring a pound of weed and plant it at the house” so the occupant would get arrested.

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“[The occupant] advised [they were] in fear of being raped ... and sent several text messages to ... coworkers voicing [their concerns],” wrote Vermont State Trooper Daniel Dermody, in an affidavit filed with the court.

Later that evening, Dermody spoke with Marquez, who said he went to the home “to smooth things over from the night before.”

Marquez contended the door was unlocked when he entered the home.

Marquez was arrested for entering the home without permission.

During his arraignment on Nov. 28, Marquez pleaded not guilty and was ordered to stay 300 feet away from the occupant of the home.

However, because Marquez and the occupant work for the same organization, Windham Superior Court Judge Katherine Hayes reduced the exclusion zone to 50 feet while the two are at work.

Bob Audette can be contacted at