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Holloway, prosecutors reach plea deal just ahead of his first-degree assault trial; to be sentenced Thursday

By Dean Shalhoup - Senior Staff Writer | May 27, 2021

File photo by JEFFREY HASTINGS Dale Holloway Jr. listens to the proceedings during a recent court appearance. He will be sentenced Thursday after pleading guilty Wednesday to two first-degree assault charges as part of an agreement reached with prosecutors. (File photo by JEFFREY HASTINGS)

MANCHESTER – A sentencing hearing in the first-degree assault case of Dale Holloway Jr. is scheduled for 1:30 p.m. Thursday, roughly 24 hours after a Superior Court judge accepted the terms of a plea agreement Holloway had worked out with prosecutors.

Holloway, whom Judge Diane Nicolosi called “an intelligent, articulate man” in accepting the agreement, agreed to enter guilty pleas to two counts of first-degree assault – serious bodily injury, which accuse him of attacking and seriously injuring Attorney Michael Davidow, a public defender, in October 2019 during their meeting at Valley Street jail.

In exchange for the two guilty pleas, prosecutors agreed to nol pros, or dismiss, the remaining three charges: Two counts of second-degree assault and one count of assault by a prisoner.

The agreement was reached under the so-called “capped plea” arrangement, in which prosecutors and the defense each present their sentencing recommendations to the judge, who then makes the final determination on the sentence to be imposed.

In this case, since Holloway chose to proceed pro-se, meaning he represented himself, only the prosecutors could make a sentencing recommendation to the judge.

The prosecutors, Assistant County Attorneys Brian Greklek-McKeon and Cassie Devine, asked Nicolosi to sentence Holloway to 7 1/2 to 15 years in State Prison on one of the charges, and a 5 to 10 year sentence, all suspended, on the other charge.

Holloway is also ordered to pay about $3,100 in restitution to the victim’s compensation fund, due upon his release from prison.

He must also participate in any treatment, education or counseling programs as recommended by prison officials, and is prohibited from having any contact with Davidow.

Attorney Brian Lee, who was appointed as Holloway’s stand-by lawyer, told Nicolosi he would contact Holloway’s mother and sister to see if they would be able to attend Thursday’s sentencing hearing.

It’s not known whether Davidow will be present, or if he is, whether he will choose to read, or submit, a victim impact statement.

The assault upon Davidow occurred Oct. 19, 2019, while he was meeting with Holloway at the jail regarding Holloway’s attempted-murder case, which stemmed from a shooting he allegedly perpetrated during a wedding at a Pelham church a week earlier. That case is proceeding separately in Hillsborough County Superior Court South.

Holloway said at a previous hearing that he attacked Davidow out of fear, telling Nicolosi he felt Davidow had “a conflict of interest,” and “was sent there” against Holloway’s best interests.

He said he was “worried … scared for my family,” and that he doesn’t trust people. “I just wanted to end the visit,” he added.

This story will be updated following Thursday’s sentencing hearing.

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

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