Poultney man facing drug, assault charges
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By Gordon Dritschilo Staff Writer - Published: June 12, 2009
A Poultney man is facing drug and assault charges after two separate incidents.
David F. Bacon, 21, of Ruby Road, pleaded innocent Monday in Rutland District Court to a felony charge of possession of marijuana and misdemeanor charge of simple assault by menace. If convicted, he could face up to four years in prison and $11,000 in fines.
The first of the two alleged incidents took place in August, when police said Bacon pulled a gun on a Rutland man during a dispute over a washing machine. In the second incident, in April, police said they found the remnants of a grow operation after arriving at Bacon's house on a "shots fired" call.
Bacon accompanied his cousin to Tracy Yandow's house in the August incident, according to Rutland City Police, because the cousin believed Yandow had her washing machine. The cousin became agitated and argued with Yandow after they determined it wasn't her washer, police said.
Yandow said Bacon also became angry, according to affidavits, and that he invited Bacon to "step outside," after which Bacon drew a pistol, cocked it and asked if Yandow "wanted one."
Police said they found a loaded Colt .25 automatic in the trunk of Bacon's car. Bacon said he had it because he had been assaulted once in Poultney, according to affidavits, and that he had showed it to Yandow, but had not cocked the gun or said anything.
Vermont State Police said the second incident began with a call from one of Bacon's neighbors saying he had heard two gunshots between their properties.
After knocking and getting no response at Bacon's home, police said they found that the exterior porch door was unlocked and the door to the residence was slightly ajar. The troopers knocked again and announced themselves, according to affidavits, but did not enter the house.
Police said Bacon came to the door and spoke to them, saying he was setting off fireworks.
During the conversation, police said they noticed a green leafy substance and drug paraphernalia on the kitchen table. Bacon claimed the substance was oregano, according to affidavits, and denied the police permission to search the house.
After getting a search warrant, police said they found two other people in the house and bags of marijuana and marijuana residue in the bathroom. Police said the bathroom sink was clogged with marijuana buds and the toilet was clogged as well.
Police also said they found a variety of drug paraphernalia along with potting soil and a closet with plant pots and a lamp with a 400-watt light bulb. The marijuana they found totaled 127 grams, police said. They also found a variety of ammunition and a pair of handcuffs, according to affidavits.
Bacon was released on conditions he stay away from Yandow, not possess firearms, not possess or use alcohol or other regulated drugs without a prescription and that he submit to alcohol testing at a law enforcement officer's request.
gordon.dritschilo@rutlandherald.com
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