NASHUA – The apparent lack of a history of domestic violence and a woman’s testimony that Xavier Luna, her partner and father of her 5-month-old baby, has never struck her or their baby convinced a Superior Court judge to grant Luna personal recognizance bail at an emotional court hearing Wednesday.

Luna, 24, of Nashua, is charged with one count each of first-degree assault, a Class A felony, and second-degree assault, a Class B felony, for allegedly “squeezing (the baby) with force, causing trauma to his head,” breaking an arm, causing abrasions to the side of his chest and injuring both eyes and his right ear sometime Monday night, according to Assistant County Attorney Brett Harpster.

Luna, who was arrested Tuesday and housed overnight pending Wednesday’s hearing, sobbed audibly at times during the roughly 30-minute proceeding before Judge Jacalyn Colburn.

Although Luna “has pretty much no criminal history,” Harpster said, the new allegations “are, from the state’s perspective, extremely serious,” and Luna should be held on preventive detention because “he presents a danger to others.”

But while agreeing that the allegations are serious, attorney Amanda Steenhuis, who represented Luna at the hearing, said if he is released, Luna is willing to immediately seek mental health and anger management assistance, and would abide by a court order prohibiting him from having contact with the baby.

But Harpster, in arguing for preventive detention, said that on the night of the alleged assault, Luna told his partner when she got home that he had accidentally dropped the baby.

She noticed bruising on the baby, Harpster said, but the baby “seemed in good spirits,” and was asleep, so the couple decided they’d take him to the hospital the next morning.

But one of the doctors who examined the baby, Harpster said, determined “the injuries were inconsistent with a fall,” and police were contacted.

When police spoke with Luna, Harpster said, “he initially was dishonest with them” by allegedly claiming the baby had fallen.

“Ultimately, he did own up and admitted the truth, that he was smoking marijuana, the boy got fussy … (Luna) became angry, and squeezed him with force … ,” Harpster said.

Luna’s partner asked to address the court on his behalf, telling Colburn she has known Luna “for many years,” and is “aware he has anger issues.

“But he is a very good person, and frankly, I’m quite surprised” that he allegedly assaulted the baby.

She said Luna typically vents his anger by walking away, “going outside … punching a tree or kicking a box …,” she said, adding that she never knew him to strike anyone.

Luna “is aware he has anger issues and he wants to change, but it’s baby steps … he has gained maturity” over time, the woman said, as Luna covered his face and sobbed.

Colburn, after weighing the arguments and the woman’s input, told her it was her remarks that convinced her to release Luna.

“But for her remarks, I probably wouldn’t be releasing you today,” Colburn told Luna, who stood with Steenhuis at the defense table.

“That you never hurt (the woman) or your child before, and it doesn’t appear that domestic violence is part of the household, these are nevertheless very serious charges,” Colburn told Luna.

“I’m going to give you one shot. You are absolutely not to have any contact with (the baby) … you cannot go anywhere near that child,” she said.

Other bail terms require Luna to live with a family member in Massachusetts, and to apply for a mental health and anger management assessment within 24 hours of his release.

Colburn scheduled a review hearing for 9 a.m. Oct. 9.

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

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