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Concord man accused of threatening girlfriend, child on trial

Marc Mallard attacked his girlfriend and their child, then refused to let officers into his apartment during a two-hour standoff last year, because he felt he had been disrespected by both the woman and the police, a prosecutor said in court yesterday.

Attorney Wayne Coull told a jury at the opening of Mallard’s trial at Merrimack County Superior Court that the Concord man threw a “temper tantrum” April 29, 2012. Coull said Mallard shoved his girlfriend against a wall as she held their 3-year-old daughter, threw a cigarette in the woman’s face and threatened to kill both her and his child all because he felt the woman hadn’t been “sufficiently respectful.”

“She was trapped because of his twisted notion of respect. And he enforced that twisted notion of respect that night with his threats, with his temper and with his violence and with his fists,” Coull said.

Mallard, 30, is facing a dozen charges ranging from Class A misdemeanors to a Class B felony stemming from the domestic disturbance the police said escalated to a standoff when Mallard refused to let officers in the apartment and claimed to have a gun. (A gun was never found.)

Mallard’s lawyer, though, said yesterday that when he told officers they were disrespecting him, Mallard was really expressing fear over how he, as “a black man in this kind of a domestic situation,” would be treated.

Attorney Ted Barnes told the jury that Mallard apparently had good reason to be worried, pointing to the long list of charges and calling the counts repetitive.

“What you’re going to see is duplication, duplication,” he told the jury. “How many charges can come out of a single act?”

While Coull said the woman and her daughter fled out a back door as Mallard negotiated with the police, Barnes said Mallard actually escorted them out of the home.

Barnes also questioned Coull’s characterization of Mallard having a “twisted notion of respect,” saying Mallard was upset because the woman had admitted to being involved with another man.

“If you look at it from the perspective of Mr. Mallard who was in his apartment dealing with a personal issue – maybe not dealing (with) it in a way you would find reasonable or appropriate but dealing with it nonetheless – the police officers come and essentially the first thing out of their mouth is, ‘We’re going to kick the door in,’ ” Barnes said.

Coull, though, told the jury that the case is clear-cut. He said they will see photos of the woman’s injuries and have no doubt that an assault took place.

“What we’re here to do is to determine the scope, depth and nature of his guilt,” Coull said.

The trial is scheduled to last about three days. Both the woman and Mallard’s now 4-year-old daughter are expected to testify.

Mallard currently has two other cases pending against him in relation to his treatment of the woman in this case.

In one, he is facing two counts of second-degree assault after the police said he attacked his girlfriend on multiple occasions and choked her until she could not breathe. In the second case, Mallard is accused of making hundreds of attempts at contacting the woman while he was incarcerated, hoping to persuade her to not cooperate with prosecutors.

Mallard was extremely persistent, making repeated phone calls from jail, sending letters to her through two inmates and asking both his mother and two other individuals to contact her between April 2012 and December 2012, according to the indictments.

(Tricia L. Nadolny can be reached at 369-3306 or
tnadolny@cmonitor.com or on Twitter @tricia_nadolny.)

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