By Darren Marcy
Rutland Herald
Staff Writer | March 18,2014
Staff Writer | March 18,2014
A Killington man awaiting trial on a felony
charge of leaving the scene of a fatal crash in December in which a
pedestrian was struck and killed had an additional $5,000 added to his
bail Monday after he allegedly violated the conditions of his release by
drinking alcohol.
Police made a conditions check just before midnight Friday and said they found Michael Debellis, 27, with a blood-alcohol content of 0.036. A little less than a half hour later, he had a BAC of 0.031, police said.
Debellis told Killington Police Chief Whit Montgomery he had just brushed his teeth and used mouthwash 10 minutes prior.
Montgomery who issued the first three of four breath tests, also said he saw Coors Light beer and empty vodka bottles in the residence.
Montgomery and a state trooper attested they could smell alcohol on Debellis while processing him at the state police barracks.
One of the conditions of release Debellis’ agreed to was no alcohol consumption.
He was held over the weekend for lack of $10,000 bail.
In arguing for additional bail Monday, prosecutor Rosemary Kennedy said the check was related to complaints that Debellis was drinking.
“Police had been receiving reports he had been drinking,” Kennedy said. “The state feels he’s not abiding by his conditions of his release. The underlying charge is quite serious. If convicted, he faces serious time in jail.”
Defense attorney Robb Spensley, however, said police had been to Debellis’ home three other times.
“This is not the second but the fourth time police had been to his house,” Spensley said. “The first three times he blew zeros. He denies he had been drinking.”
Spensley also took issue with asking Debellis to report twice a day to the Sheriff’s Department while also taking away his limited ability to drive.
“He lives 25 to 30 minutes away from the Sheriff’s Department, each way,” Spensley said. “There’s been innuendo, but not one shred of evidence, that alcohol had anything to do with this case. We think, frankly, it doesn’t make sense, the no-driving condition.”
But Kennedy said Debellis wasn’t facing a small charge.
“His underlying charge is a lot more serious than a lot of people who have to get themselves to the station,” Kennedy said.
Spensley also questioned the need for additional bail. He was already released on $25,000 and then posted $10,000 for this arrest.
Judge Theresa DiMauro agreed that requiring him to report twice a day and then taking away his driving privileges didn’t make sense, but she did add another $5,000 to the bail requirement.
A shift supervisor at the Rutland jail said Debellis was not in that facility Monday night.
Debellis is accused of striking and killing Kyle Wilson, 26, of Enfield, N.H., in December after he left a show at the Pickle Barrel.
darren.marcy @rutlandherald.com
Police made a conditions check just before midnight Friday and said they found Michael Debellis, 27, with a blood-alcohol content of 0.036. A little less than a half hour later, he had a BAC of 0.031, police said.
Debellis told Killington Police Chief Whit Montgomery he had just brushed his teeth and used mouthwash 10 minutes prior.
Montgomery who issued the first three of four breath tests, also said he saw Coors Light beer and empty vodka bottles in the residence.
Montgomery and a state trooper attested they could smell alcohol on Debellis while processing him at the state police barracks.
One of the conditions of release Debellis’ agreed to was no alcohol consumption.
He was held over the weekend for lack of $10,000 bail.
In arguing for additional bail Monday, prosecutor Rosemary Kennedy said the check was related to complaints that Debellis was drinking.
“Police had been receiving reports he had been drinking,” Kennedy said. “The state feels he’s not abiding by his conditions of his release. The underlying charge is quite serious. If convicted, he faces serious time in jail.”
Defense attorney Robb Spensley, however, said police had been to Debellis’ home three other times.
“This is not the second but the fourth time police had been to his house,” Spensley said. “The first three times he blew zeros. He denies he had been drinking.”
Spensley also took issue with asking Debellis to report twice a day to the Sheriff’s Department while also taking away his limited ability to drive.
“He lives 25 to 30 minutes away from the Sheriff’s Department, each way,” Spensley said. “There’s been innuendo, but not one shred of evidence, that alcohol had anything to do with this case. We think, frankly, it doesn’t make sense, the no-driving condition.”
But Kennedy said Debellis wasn’t facing a small charge.
“His underlying charge is a lot more serious than a lot of people who have to get themselves to the station,” Kennedy said.
Spensley also questioned the need for additional bail. He was already released on $25,000 and then posted $10,000 for this arrest.
Judge Theresa DiMauro agreed that requiring him to report twice a day and then taking away his driving privileges didn’t make sense, but she did add another $5,000 to the bail requirement.
A shift supervisor at the Rutland jail said Debellis was not in that facility Monday night.
Debellis is accused of striking and killing Kyle Wilson, 26, of Enfield, N.H., in December after he left a show at the Pickle Barrel.
darren.marcy @rutlandherald.com
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