Vermont Business Magazine Burlington Mayor Miro Weinberger and Police Chief Brandon del Pozo today urged the court system to take stronger action in dealing with repeat offenders. They were reacting to the incident at 4:40 am Saturday, September 30, in Burlington in which Jason Breault cut a Burlington Police Department officer with a knife.
Burlington Mayor Miro Weinberger and Police Chief Brandon del Pozo at a press conference at the airport Monday morning. VBM photo.
“It is unacceptable that someone who has been arrested 20 times in ten months, sometimes for violent crimes, and has repeatedly violated his conditions of release, was in a position to threaten the public and harm a police officer this past Saturday," the mayor said in a statement. "I welcome that Judge Fenster chose to hold Mr Breault without bail. The City will continue to work toward a system where there are appropriate consequences for violent crimes, and where people with mental health disorders all get the right treatment at the right place at the right time.”
But at a press conference Monday morning, the mayor and chief were not as conciliatory toward previous court actions involving Breault and other repeat offenders. Del Pozo mentioned that the accused had mostly been arrested on violations of conditions. He said there is no use in releasing an offender on conditions if it is clear that he will not honor those conditions, which repeatedly had been the case with Breault.
Pel Pozo said the court must take these cases more seriously to help the police "attempt to make safe our citizens."
He said the court has the ability to commit someone in mental health situations or use bail as needed. He said he does not advocate returning to the days when bail itself was used as punishment or in a "prophylactic" manner, but simply releasing such an offender on conditions does not support the police or protect the community.
By statue and by historic Supreme Court interpretation, the courts cannot use bail simply to keep potentially dangerous people off the streets. The courts are allowed to impose involuntary commitment, but the mental health system does not have capacity to deal with everyone who needs treatment.
Governor Phil Scott said Tuesday that he does not have specific plans to put forth new legislation this coming session, but believes that he and the legislative leadership will no doubt consider the matter.
BPD press release Sept 30, 2017:
On September 30th, 2017, at approximately 4:40 AM officers from the Burlington Police responded to the area of Church and Main Street for a report of a male armed with a knife acting irrationally. Arriving officers immediately recognized the male as Jason Breault, 41 YOA who is transient. Breault was yelling and waving the knife in the air as officers approached him. Officers began to communicate with Breault and convinced him to drop his knife. Breault attempted to flee the scene into City Hall Park where he was subdued and a struggle took place. During the struggle Breault accessed a second knife from his person. As one of the arresting officers took control of Breault’s arm the knife Breault was holding caused a minor laceration to the arresting officer’s hand. Breault was arrested without further incident and was transported to the Chittenden Regional Correctional Facility.
Breault has twenty (20) sets of active pre-trial conditions of release which reflect the twenty nine (29) crimes he has been charged with since December of 2016. Breault’s recent arrest history includes Aggravated Domestic Assault, Aggravated Disorderly Conduct, Driving Under the Influence, Resisting Arrest, Unlawful Mischief, Unlawful Trespass, Driving while License Suspended, Simple Assault, and multiple arrests for violating his pre-trial conditions of release. Breault is prohibited from possessing dangerous or deadly weapons, court conditions which stem directly from his arrest history of menacing citizens with either replica firearms or knives.
Breault was lodged at the Chittenden Correctional Center for lack of $750 bail and will be arraigned Monday October 2nd, 2017.
Source: Mayor, BPD. 10.2.2017