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Burglary, restraining order violation alleged in Pelham incident

By Dean Shalhoup - Senior Staff Writer | Apr 4, 2019

NASHUA – Whether James Garon took a taxi to the Pelham residence he is accused of burglarizing Tuesday, or was given a ride by the woman who has a restraining order against him doesn’t matter, a judge told Garon in court Wednesday.

“Even if she contacts you, you’re still in violation of the order,” Judge Jacalyn Colburn told Garon, referring to the court order prohibiting him from contacting, or coming within 300 feet of, the woman, a Pelham resident who is acquainted with Garon.

Garon, 46, of 14 Forest Ave., Dracut, Massachusetts, appeared in Hillsborough County Superior Court-South on Wednesday for arraignment on one count each of burglary while on bail, a felony, and violation of a protective order, a misdemeanor. He is accused of getting to the woman’s Mammoth Road home one way or another and allegedly breaking in with “the purpose to commit stalking,” according to the charges.

Garon, represented by attorney Elliott Friedman, entered not guilty pleas and waived formal arraignment, opting to go before Colburn for a bail hearing.

Friedman asked Colburn to release Garon as part of the $1,000 bail he posted on March 16, after his arrest by Salem police on violating the protective order issued five days earlier.

Friedman said Garon turned himself in to Salem police when he learned he was wanted for violating the order, and nothing about his recent behavior suggests he would present a danger to himself, the alleged victim or anyone else.

Garon should also be ordered to continue his mental health counseling, Friedman said. He also told Colburn his client “has a very different version of the events” that led to Tuesday’s arrest.

But Assistant County Attorney Nicole Thorspecken, who prosecuted Garon as Assistant County Attorney Brett Harpster joined her at the prosecution table, told Colburn that the fact a knife was allegedly involved in Tuesday’s incident, “should be enough to hold Mr. Garon on preventive detention.”

Thorspecken also said Garon has two other civil restraining orders against him in Massachusetts, involving different alleged victims. While she doesn’t believe he is a flight risk, she is “quite concerned for the safety” of the alleged victim.

Thorspecken referred at times to the probable cause affidavit Pelham police filed after arresting Garon, but its contents are barred from public view because the documents were ordered sealed.

Colburn granted the prosecution’s recommendation Garon be held on preventive detention, saying Friedman’s request Garon be freed on the Salem bail conditions “makes no sense to me.”

She cited the fact Garon allegedly violated the Salem restraining order within five days of it being issued, as well as her finding that he presents a danger to the alleged victim, as main reasons for her preventive detention ruling.

Colburn said if Garon requests an evidentiary hearing, the court may consider bail depending on the outcome of the hearing.

In the meantime, he is scheduled for a May 30 dispositional conference in the Nashua court.

Dean Shalhoup may be reached at 594-1256, dshalhoup@nashuatelegraph.com, or @Telegraph_DeanS.

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