A Killington woman is facing a criminal charge after police said she was fighting with her husband in December while a 14-year-old child was between them.
Nicole DelBianco, 36, of Killington, pleaded not guilty Monday in Rutland criminal court to a misdemeanor charge of reckless endangerment and a misdemeanor count of violating her court-ordered conditions of release from custody.
DelBianco was released without bail on Monday.
In an affidavit, Detective Trooper Lauren Ronan, of the Vermont State Police, said police were notified by the Vermont Department for Children and Families, or DCF, about a complaint made to an area middle and high school by a 14-year-old girl. The girl said the week before, she had been caught in a fight between DelBianco and her husband, David DelBianco, the week before on Dec. 27 in Killington.
The girl said she had suffered two parallel scratches, about 5 inches long, on her shoulder during the alleged incident. She took photos of the scratches, which were included in the affidavit.
Ronan said a DCF investigator interviewed the girl and a safety plan was put into place to protect her.
On Jan. 15, Robert Petrini, the DCF investigator, met with the girl at the Rutland County Child First Advocacy Center. Ronan told the girl she would be observing the interview.
The girl told Petrini that Nicole and David DelBianco were arguing about money “as they normally do.”
The girl said she responded after hearing a “full-on scream” and a “crash,” Ronan said in the affidavit.
She said she saw David DelBianco throw a chair and a glass at Nicole DelBianco and Nicole throw a dehumidifier at David.
Ronan said the girl told Petrini she tried to break up the physical fight by backing Nicole DelBianco into a closet and guiding David DelBianco out of the door, but she said she got the scratches during the fight.
According to the affidavit, the girl said she didn’t believe either Nicole or David DelBianco was trying to injure her.
The girl said Nicole and David DelBianco had been drinking, which she believes escalated the fight as it has in the past.
Nicole DelBianco has a pending case from July for which she was charged with one misdemeanor count each of domestic assault and driving under the influence of alcohol. In that case, she was released but Judge Thomas Zonay ordered that she not possess, own or drink alcohol.
Ronan said she met with Nicole DelBianco on Jan. 25 at the Rutland barracks of the Vermont State Police.
DelBianco said she remembered the incident.
Ronan said DelBianco agreed that she and her husband had been arguing about money, but she said once the girl entered the bedroom, where the argument was taking place, they stopped.
DelBianco told Ronan she had been drinking club soda and lime and hadn’t had any alcohol that night.
According to the affidavit, DelBianco told Ronan she didn’t know the girl had been injured until Petrini showed her photos but claimed neither she nor David DelBianco touched her.
Nicole DelBianco suggested the girl caused the injuries to herself, the affidavit said.
Ronan said DelBianco told her the statement she gave was the truth but declined to sign a statement swearing to her video statement.
If DelBianco is convicted of the charges for which she was arraigned on Monday, she could be sentenced to a year and a half in jail.