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Judge denies bail request in theft case

By Staff | Aug 6, 2016

NASHUA – A Superior Court judge declined an accused armed robber’s request for lower bail Thursday, citing his long criminal record, concerns that he’d disappear and the fact his trial is only 10 days away.

Jose Batista-
Salva, 29, also asked Judge Amy Ignatius to "sever" his armed robbery charge from two other charges against him, which, if granted, would mean his upcoming trial would address only the allegations of armed robbery.

Ignatius took that request into consideration and will rule in the near future. On the bail request, she denied the $10,000 cash or surety proposal by Batista-Salva’s attorneys, instead continuing the original $15,000 cash only bail set earlier this year.

A Nashua police special reaction team arrested Batista-Salva on Jan. 6, five days after employees of a Wendy’s restaurant in Nashua called police to report they’d been robbed by a man who appeared at the drive-through window, brandished a handgun and demanded money from a 16-year-old employee.

The robber fled on foot with about $310 in cash, according to police reports.

Thursday’s hearing was originally scheduled as a plea and sentencing hearing, but attorneys agreed to hold off in light of new developments regarding evidence and a potential witness.

The prosecutor, assistant County Attorney Kathleen Broderick, told the court that a key state’s witness won’t be available to testify until after the jury selection, which is currently scheduled to start on Aug. 15.

She also said the state is investigating whether Batista-Salva called the witness by phone from Valley Street jail, which would have violated the no-contact provision of his bail.

But Batista-Salva’s lawyer, Attorney Marc Gouthro, said his client has an air-tight alibi for the evening of Jan. 1, when the restaurant was robbed, as well as for the next day.

A woman said to be Batista-Salva’s girlfriend told investigators that she was with him that evening, that they slept overnight in the same room and stayed together the following day.

The girlfriend’s father was also in the house, Gouthro said, and confirmed that his daughter was with Batista-Salva.

Gouthro also pointed out that Batista-Salva had worked at that Wendy’s until he was terminated in December, but the 16-year-old employee who was robbed told police he didn’t notice "anything specific" about the robber’s appearance, and later, said he didn’t recognize the robber’s voice.

Thursday’s hearings addressed the armed robbery charge, as well as one count each of possession of a controlled drug and endangering the welfare of a child.

Police said at the time that following an investigation into the robbery, Batista-Salva was identified as the suspect and on Jan. 6, SRT officers went to an Eighth Street apartment to arrest him.

They took him into custody without incident, but allegedly observed that Batista-Salva was under the influence of drugs. A search turned up drugs, police said, and they also located a young child, belonging to his girlfriend, in the apartment.

Batista-Salva was indicted in April on those and other charges, which include receiving stolen property, witness tampering, falsifying physical evidence and felon in possession of a dangerous weapon.

Those charges, which weren’t addressed as part of Thursday’s hearing, accuse Batista-Salva of offenses related to the handgun, a 9mm Ruger, including getting a ride to a Hudson residence, where he allegedly stashed the gun in an old barn on the property.

Broderick, the prosecutor, said the investigation determined that the gun had been stolen from a vehicle in Merrimack in December.

She read off a lengthy series of arrests and convictions that constitute Batista-Salva’s criminal record going back to 2003. Included are charges of assault, receiving stolen property, burglary, felonious sexual assault and failing to register as a sex offender.

Ignatius, the judge, subsequently issued her order denying Batista-Salva’s bail-reduction request.

Dean Shalhoup can be reached at 594-6443, dshalhoup@nashuatelegraph.com or@Telegraph_DeanS.

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