Former Proctor Academy student out of jail on $50,000 personal recognizance

Monitor staff
Tuesday, December 20, 2016

A judge denied a prosecutor’s request Tuesday to require a former Proctor Academy student accused of sexual assault to undergo pre-trial supervision and monitoring.

Derek Tillotson, 19, of Bow is out of jail on $50,000 personal recognizance following a bail hearing in Merrimack County Superior Court in Concord.

Tillotson is charged with three counts of aggravated felonious sexual assault, one count of second-degree assault and two misdemeanor counts of simple assault.

Assistant Merrimack County Attorney Kristin Vartanian said in court Thursday that Tillotson raped a fellow student at the Andover prep school when he was 18 and the girl was 16. The incident allegedly occurred at a girls’ dormitory on the night of Oct. 25, 2015.

Vartanian said she believed pre-trial services would ensure Tillotson’s compliance with court orders and the safety of the community. She also said she is concerned about Tillotson’s history of alcohol use while a student at Proctor, including his intoxication on the night of the alleged offense.

Tillotson was arrested in Amherst this past April and charged with laundering and prowling and unlawful possession of alcohol, for having three empty beer cans in his vehicle, Vartanian said.

Tillotson’s attorney, Donna Brown, objected to Vartanian’s recommendation, saying that alcohol use before the age of 21 does not automatically indicate a need for pre-trial services.

“Mr. Tillotson was no more intoxicated than any other witnesses in this case, including the alleged victim,” Brown said. She said she was not trying to excuse Tillotson’s actions, but to explain the broader scope of the situation.

Tillotson works out of state, which Brown said could present a problem if he had to report for random alcohol screenings or other tests.

After hearing attorneys’ arguments on bail, Judge Brian Tucker said he was not going to order pre-trial services at this time. However, in doing so, Tucker told Tillotson the importance of complying with the ordered bail conditions, including no use of alcohol.

“If you violate any of these conditions, you subject yourself to potential arrest and incarceration until your trial,” he said.

(Alyssa Dandrea can be reached at 369-3319, adandrea@cmonitor.com or on Twitter @_ADandrea.)