A judge has ruled that a Concord man who allegedly shattered a glass door to an occupied apartment, threw glass at police officers, spit in a firefighter’s face and beat a dog – all while naked – is too dangerous to be released from jail.
Irakoze Ildephonse, 28, appeared in Merrimack County Superior Court on Thursday afternoon, less than 24 hours after police say they had to use a Taser to take him into custody at the multi-unit apartment complex at 32 Cherry St. Ildephonse’s attorneys argued for his release on personal recognizance bail with pretrial monitoring, but Judge Richard McNamara sided with prosecutors in upholding Idephonse’s bail at $15,000 cash-only.
“I am concerned about the risk to the public,” McNamara said.
Ildephonse is charged with felony counts of burglary, reckless conduct and animal cruelty, and two misdemeanor counts of criminal mischief, as well as one count each of simple assault and indecent exposure. Because Ildephonse was out on bail in another case at the time of his arrest, prosecutors also filed seven charges alleging breach of bail conditions – one to correspond with each of the new charges he faces.
Several Concord police officers responded to the Cherry Street apartment complex Wednesday about 2:55 p.m. for a report of a burglary in progress. Residents reported to police that Ildephonse – who resided in a first-floor apartment – was banging on doors and appeared high on drugs at the time, prompting them to lock their doors and take shelter, Concord police Lt. Sean Ford said Thursday.
Initially, Ildephonse was wearing a robe; however, he disrobed and then climbed up to a second-floor balcony where he stood screaming and started throwing items to the ground below, according to an affidavit prepared by Officer Michael Adam. He then smashed a glass storm door and stomped on the glass before entering the apartment, from which a mother and daughter fled. They took refuge in a car and called 911.
Police said two dogs remained inside the apartment, one a golden retriever named Wendell whom Ildephonse is accused of beating and attempting to strangle. The dog was taken to Russell Animal Hospital for treatment and is expected to recover.
When officers arrived on scene, they observed Ildephonse vandalizing the apartment and throwing items off the porch. They attempted to negotiate with Ildephonse from outside, but with no success. Instead, they said, he responded by throwing large pieces of glass at them, forcing them to retreat to a wooded area nearby to avoid injury.
Referring to Ildephonse, Adam wrote, “The individual continued to yell about being naked and stated that he would only talk to people once we were naked as well.”
With additional officers providing backup, authorities were able to protect other residencies and approach Ildephonse inside the apartment. He was ultimately subdued with a Taser, although he still struggled as officers tried to secure handcuffs on him, the affidavit says.
Ildephonse was taken to Concord Hospital for treatment of minor injuries and then to the county jail in Boscawen.
Two days earlier, police had arrested and charged Ildephonse with disorderly conduct, criminal threatening, resisting arrest and attempted simple assault of a police officer. In the early-morning hours Monday, two officers were at Concord Hospital for an unrelated investigation when Ildephonse – who was being escorted by hospital security – walked by and initiated an argument, Ford said in an interview Thursday.
“With clenched fists, he charged at the officers,” Ford said, noting that Ildephonse had accused an officer of making eye contact for too long.
Assistant County Attorney Jacki Smith added further details in court Thursday afternoon, noting Ildephonse tried to bite one of the officers, too.
Ildephonse was held at the county jail on $1,000 bail on the misdemeanor charges. However, someone posted the $1,000 required for his release Wednesday, the same day police were called to the Cherry Street apartment complex.
Ildephonse has a minor criminal record, but Smith said his behavior over the past week is evidence of the danger he poses to the community at this time and necessitates a high cash bail.
Referencing the glass thrown Wednesday, Smith said, “That conduct is both dangerous and reckless, and if police can’t reign him in I don’t know who can.”
Public defender Aileen O’Connell disagreed with Smith that Ildephonse is a flight risk and argued that with appropriate supervision by the county’s pretrial services program he could be released into the community.
Ildephonse, a Concord High School graduate, has strong ties to the area and his family lives locally, O’Connell told the court. She said with the exception of a year spent in Texas, Ildephonse has lived in New Hampshire since graduating from high school.
In denying the defense’s bail request, McNamara said attorneys can re-raise the issue of bail at a later date as additional evidence about the case is gathered through the pretrial process.
(Alyssa Dandrea can be reached at 369-3319 or adandrea@cmonitor.com.)