Judge Michael Kainen, Caledonia County Superior Court
The Caledonian-Record, a daily newspaper in the Northeast Kingdom, reported Friday, Jan. 3 that a man who violently resisted and assaulted state police, and threatened to kill them, was sentenced to only 21 days in prison by Vermont judge Michael Kainen.
After appeals for mercy from his family and employer, and despite the evidence justifying a harsher sentence, Judge Michael Kainen sentenced Robert Maximov, 28, of East Haven to 21 days in jail, citing his traumatic childhood in Russian orphanages as a mitigating factor.
In a Caledonia Superior Court session on Monday, December 30, video evidence from police body and cruiser cameras was presented, showing the violent resistance of Maximov (who also goes by the last name of Rohaley) during his arrests on September 19, 2021, and March 25, 2023.
Maximov was convicted of assaulting Trooper Elizabeth Plympton and resisting arrest in two separate incidents. During one arrest, Maximov aggressively resisted, used abusive language, and even threatened the lives of the officers involved. His violent actions were documented in video footage that was played in court.
While the prosecution sought a minimum two-year jail sentence, citing the need for punitive measures, Maximov’s defense highlighted his difficult upbringing and PTSD as factors contributing to his behavior. Dr. Clair Gilligan testified that Maximov’s criminal responses were triggered by past trauma, including abuse in orphanages and during his adoptions.
Judge Kainen acknowledged the severity of Maximov’s actions but opted for a lighter sentence, emphasizing rehabilitation over prolonged incarceration. He imposed the 21-day jail term with the possibility of a longer sentence if Maximov fails to adhere to the conditions set by the court.
“I don’t want someone to think that you can assault an officer, grab an officer, resist arrest or threaten to kill officers and not do any time in jail. I just think it’s the wrong message to you (Maximov) and to the general public,” Kainen told Maximov.
Maximov expressed remorse but was unable to directly face Trooper Plympton during his apology. The judge’s decision appeared to attempt to reflect a balance between accountability and recognition of the defendant’s past traumas. – editor
This news report was rewritten by VDC from a Caledonian-Record news story by Editor Dana Gray.
