Man accused of choking woman
Toolbox
By PATRICK McARDLE Herald Staff - Published: January 9, 2009
BENNINGTON — A man who the state's attorney's office said was homeless and unemployed was charged with a felony after police said he choked a woman during an argument at a Benmont Avenue home on Saturday.
Thomas Cady, 47, was charged with first-degree aggravated domestic assault and a misdemeanor charge of domestic assault on Monday in Bennington District Court. Cady pleaded not guilty to both charges.
Bennington County State's Attorney Erica Marthage asked that Cady be held without bail because of the serious nature of the charges.
Marthage said a charge of sexual assault in 1980 from Chittenden County was "very concerning" although she noted that it was amended to a felony charge of lewd and lascivious conduct before Cady was convicted in April 1981 and sentenced to serve 18 months to five years.
Cady also has a history of disorderly conduct charges in Chittenden County, a retail theft conviction from Rutland County in 1980 and charges of driving under the influence of alcohol in Pennsylvania.
Judge John Wesley denied the state's request to hold Cady without bail but ordered him to stay at least 300 feet from the woman who complained to police and continued a $2,500 bail set on Saturday.
According to the affidavit, Bennington Police Officer Thomas Bull said police were called to an apartment on Benmont Avenue around 9 p.m. on Saturday.
When police arrived at the home, they spoke with a woman who said Cady had choked her twice.
The woman said she had already had to undergo neck surgery and Cady was aware that her condition should not be aggravated.
In a statement to police, the woman said she and Cady argued about Cady communicating with a woman by computer.
According to the woman, she stood between him and the computer and he grabbed her by the neck and choked her.
The woman's statement said: "I told him that he can't hit me anymore that I would call the police. I went upstairs to get a drink of water. Thomas was packing his stuff he said to me 'stay away or I will hit you.' I told him I would call the police, he advised he would make it worth the trip then."
Bennington Police Cpl. Thalia Hudson said in a separate affidavit that Cady was located around 1 a.m. on Sunday at a motel in Bennington on Route 9.
According to Hudson, Cady initially denied touching the woman.
In a written statement, Cady said he touched her because she "just wasn't listening."
"To make her listen both of my hands went up to push her away and one went off to the side and one went up the center and onto her neck and I squeezed and said, 'Please just leave me alone and let me have my stuff!' Then I let go of her neck; she did not pass out though. I was not trying to hurt her I was just trying to get my point across; I was pretty frustrated with it. … I feel bad about squeezing (the woman's) neck, I didn't mean it; I just lost control after two hours arguing with her," the statement said.
Hudson said Cady was taken to Marble Valley Regional Correctional Facility in Rutland for failing to meet the $2,500 bail set by Wesley on Sunday morning. According to the Department of Corrections Web site, Cady was still in the same prison on Monday evening after Wesley continued the bail.
If convicted of the felony charge against him, Cady could be sentenced to up to 15 years in prison. If convicted of the misdemeanor charge of domestic assault, Cady could be sentenced to up to 18 months in prison.
Contact Patrick McArdle at patrick.mcardle@rutlandherald.com.
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