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Tuesday, October 11, 2016

Suspect in domestic incident granted bail reduction; mother, attorney, tell judge man needs mental, physical health treatment.

By DEAN SHALHOUP

Staff Writer

NASHUA – A district court judge Tuesday agreed to allow the suspect in a September domestic incident involving a firearm to leave jail to seek the in-patient mental and physical health treatment that his attorney and his mother say he desperately needs.

Timothy Lambert, 36, of 19 Dunloggin Road, sat in a wheelchair and said nothing during the roughly 20-minute bail hearing, which was held in the Nashua court via video conference from Valley Street jail in Manchester. ...

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NASHUA – A district court judge Tuesday agreed to allow the suspect in a September domestic incident involving a firearm to leave jail to seek the in-patient mental and physical health treatment that his attorney and his mother say he desperately needs.

Timothy Lambert, 36, of 19 Dunloggin Road, sat in a wheelchair and said nothing during the roughly 20-minute bail hearing, which was held in the Nashua court via video conference from Valley Street jail in Manchester.

But his attorney, Anthony Naro, addressed Judge Robert Stephen at length about his client’s declining health, saying Lambert has been battling ailments that have caused him to lose about 10 pounds per month, conditions that have been exacerbated by his incarceration a month ago.

“She is very concerned he’s not going to survive in jail,” Naro said, referring to Lambert’s mother, Angela Banow, who watched the proceeding from her front-row seat in the courtroom.

“They do the best they can, but their resources are limited. It’s a jail, not a hospital,” he said of the Valley Street facility.

Lambert has been held on $50,000 cash-only bail since his arrest the morning of Sept. 10, following a domestic disturbance at the Dunloggin Road home.

Police said at the time that Lambert had gotten into an argument with his then-girlfriend, with whom he has a child who is now 4 months old. The girlfriend and their child lived in the home with Lambert and his mother at the time, but Naro said Tuesday that she and the child have since moved to another state.

In all, 11 charges were leveled against Lambert, including three counts of reckless conduct and three companion counts of reckless conduct – domestic violence, all Class B felonies; two counts of simple assault and two counts of domestic violence; and one count of endangering the welfare of a child, all Class A misdemeanors.

Stephen scheduled Lambert’s next hearing for Monday, Nov. 14, in the Nashua court.

The incident that led to Lambert’s arrest began with an argument between him and the girlfriend, and escalated when Lambert allegedly retrieved a firearm from a nightstand, according to police reports.

Banow told police she heard her son say something about “wanting to end his life,” and moments later heard a loud bang. She said a shell casing landed next to her, at which point she fled the house and drove to the nearby Airport Fire Station, where she called police.

Lambert came out of the house shortly after officers arrived and surrounded the property, telling police he was “there to turn himself in for what he had done,” the reports state.

Naro, referring to what he called “a large, 4-inch gash” on Lambert’s forehead, said that although Lambert may have used inappropriate language to police, he questions the amount of force police used when arresting Lambert, noting that he was pepper-sprayed three times and had numerous bruises on him when Naro first met with him.

But police prosecutor Lt. Jonathan Lehto said that it wasn’t anything that Lambert said, but his refusal to comply with police orders that led to him being pepper-sprayed.

After Lambert’s arrest, the girlfriend told police Lambert assaulted her by “wrapping his arm around her neck,” then allegedly fired the gun “in close proximity” to her, the child and Banow, police wrote.

Insisting that Lambert is not a danger to the community nor himself, Naro asked Stephen, the judge, to amend Lambert’s bail to $5,000 cash or $30,000 cash or surety “so his mother can get him the care he needs. To call his present state ‘frail’ is an understatement,” Naro added.

In response, Lehto said that while the state is sympathetic to Lambert’s health problems, modifying his bail wouldn’t guarantee he would seek help, and that the state considers him a danger to himself as well as others.

Naro disagreed, saying Lambert would agree to wearing an electronic monitoring device, effectively putting him under house arrest.

“He’s not going anywhere. He’s in a wheelchair,” Naro said, gesturing toward the monitor.

Stephen, after weighing the options, modified Lambert’s bail to personal recognizance, but only for the purpose of an involuntary emergency admission to the behavioral health unit of either Southern New Hampshire Medical Center or the Elliot Hospital in Manchester.

The bail will remain personal recognizance as long as Lambert is in inpatient treatment, according to Stephen’s order. Otherwise, it will revert back to $50,000 cash only.


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