Bail reduction denied for Nashuan accused in summer burglary
NASHUA – Citing his history of arrests on various felony charges, including burglary, firearms and drug possession, a Superior Court judge on Monday denied 25-year-old Marcus Persons’s request for a substantially lower bail.
Persons, who lists addresses of 64 W. Hollis St. and 52 Kinsley St. on various court documents, will remain in Valley Street jail on $25,000 cash or surety bail, as he awaits a hearing next month on a violation of probation charge.
Persons, represented by attorney Kara Simard, went before Judge Jacalyn Colburn Monday in Hillsborough County Superior Court-South, hoping
Colburn would modify bail to a few hundred dollars so he could be released and begin “proving that he can change (and) comply with” court orders, Simard said.
Because Persons has been in jail since his arrest this summer on burglary and drug-possession offenses, “he has not had the opportunity to prove he can comply,” Simard said.
A grand jury earlier this month handed up three indictments against Persons on those charges, which accuse him of breaking into an Eastside Nashua building “to commit the crime of theft” on July 28, and for allegedly possessing fentanyl and cocaine in August after having been convicted of selling drugs in 2016, according to the indictments.
“This has been a bumpy road for Marcus, but he knows he can get it done,” Simard said. “He knows this is his last chance … He knows he needs to think harder about who he hangs around with,” she told Colburn.
But after hearing from state probation and parole officer Nellie Chancey and First Assistant County Attorney Kent Smith – who described Persons as currently “unsupervisable in the community” – Colburn denied the request.
“I think you’re a risk of flight. That’s why bail was set as it was,” Colburn said of the $25,000 amount.
While she told Persons she agrees that trying to prove he’s serious about following the rules is difficult while he’s incarcerated, Colburn cited his history of “choosing to do what you wanted, when you wanted” and “thumbing your nose at the program,” a reference to the violations he allegedly committed while participating in Adult Drug Court.
Whether Persons will be terminated from Drug Court wasn’t decided at Monday’s hearing, but will likely be discussed at his upcoming probation violation hearing.
Chancey, in opposing Persons’s request for bail modification, said he hasn’t been engaged in treatment, despite the Drug Court team’s attempts to get him to focus on treatment.
Persons allegedly has a history of associating with known felons, as well as “a probationer who died of a drug overdose,” Chancey said.
Granted his request to address the court, Persons told Colburn he has “tried to be constructive … I wrote letters to Drug Court.” He acknowledged that “I was doing a lot of drugs” earlier this year. “I lost myself.”
He also assured Colburn he wasn’t a risk of flight.
“I have no intention of running, at all,” he said. “I have nowhere to go.”
Dean Shalhoup can be reached at 594-1256, or firstname.lastname@example.org or @Telegraph_DeanS.