Court releases again; Business owner blasts Burlington
By Michael Donoghue
Vermont News First
A Colchester teen, who apparently was supposed to be under a judge-ordered 24-hour home curfew, was charged in adult criminal court Monday with aggravated assault for an attack on a man in a city-owned parking garage in Burlington early Saturday, court records indicate.
Jan M. Cruz, 17, of 111 Stuart Avenue pleaded not guilty to the felony charge for showing extreme indifference to the value of human life of a man, who had come to the aid of a woman, the criminal charge noted.
The woman was being pelted by snowballs thrown from the top floor of the Burlington Marketplace Garage by four young men as she walked on the sidewalk below, records indicate. The Good Samaritan, who interceded, yelled for them to stop, but they nailed him twice with snowballs, police said.
The four masked suspects then started to exit the garage, but not before stopping and attacking the 31-year-old man, police said.
The victim was able to provide full details of what they were wearing, while the city’s security guard, who did nothing, said he was unable to describe the four assailants, Officer Mason Shusda said in his affidavit. The guard did say he could describe the victim, who remained behind.
Judge John Pacht agreed Monday to release the defendant back into the community including that he remains at the home of his parents, Mary Cruz-Vasquez and Teddy Cruz-Lugo, around the clock except for school, medical and legal appointments. The court had his parents sign an agreement to report any violations of conditions immediately to police.
The Good Samaritan, who told the four young men to knock it off, ended up with a broken nose, police said. He was attacked by the four suspects, who were captured on video security cameras in the garage at 47 South Winooski Avenue shortly after midnight, city police said.
The victim’s downtown employer said the aggravated assault was an intolerable, dangerous situation and her employees are questioning if they want to put their lives at risk while walking in Burlington.
Michelle Ambrosino, owner of The Archives on College Street, said it also is troubling the city had a security guard on duty and little was done.
The third-generation business owner and mother wrote a pointed letter to Progressive Party Mayor Emma Mulvaney-Stanak, the city council and Interim Police Chief Shawn Burke expressing her disappointment in the city.
Burlington Police did catch Cruz shortly after 2 a.m. after another assault incident was reported involving a woman at Perkins Pier at the end of Maple Street, records note. He was wearing the same clothes captured in the garage video nearly two hours earlier.
When confronted by police Cruz refused to identify himself, Cpl. Victor Montalvo said. When asked if he was Cruz, he denied his true identity and claimed he was a friend of Cruz and knew he could not leave his home, records show.
Patrol Sgt. Oren Byrne said the suspect eventually claimed to be “Arsen Badanen.” When told he was under arrest, “Badanen” attempted to flee, but police grabbed him as he struggled to get away, police said. In the end it took five officers to detain Cruz and put him on the ground so he could be handcuffed, police said. His true identity was confirmed.
Besides the aggravated assault charge, Burlington Police filed an affidavit seeking criminal charges for false reports to law enforcement, resisting arrest and a fourth charge that was black out by the time he was arraigned.
One paragraph from the sworn affidavit by Officer Shusda also got blacked out, along with one sentence discussing the teen’s criminal history.
By arraignment time on Monday only the assault charge was advanced by the State’s Attorney’s Office
Burke said the police were pleased that Chief Deputy State’s Attorney Sally Adams determined immediately after the incident that Cruz, as a 17-year-old, needed to have his assault case heard in adult court.
Otherwise, Cruz could have ended up in Family Court, which has confidential proceedings and has virtually no consequences because of no juvenile detention facilities in Vermont.
Judge Dana DiSano had ordered Cruz jailed without bail over the weekend at the Marble Valley Regional Correctional Facility in Rutland, which has a cell for young inmates. Cruz appeared for his arraignment by video from Rutland.
Cruz is known to frequent Burlington City Hall Park and the Church Street Marketplace, which has been the scene of frequent shootings, stabbings and assaults, including one fatal beating this summer. It is frequented by a couple of different gangs, the homeless, drug users and panhandlers.
The victim was taken to the UVM Medical Center for his injuries, including the broken nose, police said. He reported two of the four assailants were more aggressive and had thrown a dozen punches or so.
Byrne, who helps oversee the midnight shift, had checked the security video from the parking garage and made screen shots of the assault to share with the troops in the field in case they came across the suspects. The pictures helped when the second disturbance call came in at Perkins Pier and the description matched, police said.
Ambrosino, as a downtown employer, said in her letter to the city that she was unhappy about the attack.
“This wasn’t subtle. This wasn’t hidden. This was dangerous, disruptive behavior happening in plain view, yet it was allowed to escalate until someone was attacked,” Ambrosino said.
“We now know that the individual responsible for the assault is 17 years old, was already under a 24 hour curfew with his parents in Colchester, and somehow had no problem being downtown committing another violent offense,” she said.
“Even more astonishing, this morning, he was released by the judge back onto the same conditions. How is the public supposed to feel safe when someone who violates house arrest to commit an assault is immediately returned to the exact same situation?” Ambrosino asked.
“The climate you have allowed to take hold in Burlington is beyond unacceptable. It is unsafe, predictable, and driving workers and businesses out of this city,” she said in her letter to city officials.
“This is not just a failure, it is a breakdown of the basic expectation of public safety and accountability,” Ambrosino wrote.
“We cannot keep pretending that ‘youthful offender’ status excuses violent, adult-level crimes. Burlington’s revolving-door approach is endangering residents, employees, and business owners on a daily basis. It is demoralizing, dangerous, and completely unsustainable.
Liberal Vermont legislators in recent years have pushed to have criminals as old as 25 declared as “Youthful Offenders.” That would allow for confidential court proceedings, but Vermonters have pushed back as many get off with no punishment. Vermonters have said they want them held accountable. Republican Gov. Phil Scott also has said there is a strong need to put the brakes on the plan due to lack of rehabilitation programs.
The old Vermont law said 18-year-olds and older went to adult court, while it was discretionary for 16- and 17-year-olds. The one exception was violators as young as 10 years-old could be charged in adult court with the 12 most serious crimes, including murder, sexual assault, arson and kidnapping.
“So I ask, what immediate, concrete actions you are taking to ensure public garages are safe, to hold violent offenders accountable, and to stop returning the same people to conditions that quite obviously are not being followed or enforced,” Ambrosino asked in her letter.
“This is not a theoretical policy debate. This was not a close call or a complicated situation. This was a preventable assault committed by someone who should not have been on the street at all. And the system still put him right back there. This is indefensible, and it cannot continue,” she said.
“There is nothing more heartbreaking…seeing a young man sitting on the pavement outside your business in a pool of his own blood – knowing it could have been prevented,” Ambrosino wrote.