From left, Joshua Perry, 23 his brother, Brian Perry, 18, and father ,E. Allen Perry, listen to arguments during their probable cause hearing in 10th Circuit Court on Tuesday. (JAMES A. KIMBLE)
Vermont family to stay behind bars
Defense lawyers argued in 10th Circuit Court, Salem Division, that there was not enough evidence to support the charges.
The cases against E. Allan Perry, 45, of Lydon, Vt. and two of his sons, Joshua Perry, 23, of Sutton, Vt. and Brian Perry, 18, of Lyndonville, Vt. will now be bound over to Rockingham County Superior Court for possible indictment.
Security footage of the tussle was scrutinized by defense lawyers during the four-hour hearing.
Joshua Perry, 23, was also told to leave or be arrested when he swore at police officers dealing with his father, according to Kelly. Kelly said that he told Joshua Perry that he was being placed under arrest for refusing to leave the premises.
While Massahos approached the father, Brian Perry grabbed Massahos by the waist along with the officer’s utility belt, which held a gun and Taser, according to Kelly’s testimony.
Kelly said that he had to put Joshua Perry into a “hip toss” to get him into custody but fell with him in the process, badly injuring his shoulder. Kelly, who has a sling on his left shoulder, said on Tuesday he had suffered a separated clavicle and possible ligament damage.
Public defender Jim Reis suggested that his client, E. Allan Perry, may have been trying to protect his son and not interfering with an arrest.
“There is no synchronicity of action, no synchronicity of purpose,” Reis said.
“If E. Allen Perry wanted to keep the peace, he should have backed away,” Grosky said. “Instead, he went after two police officers and engaged with them.”
Two other family members are facing misdemeanor charges for the alleged melee: Damian Perry, 18, of Lyndonville, Vt., and Ashley Perry, 20, of Sutton, Vt. were each charged with disorderly conduct and criminal trespassing.