A Brandon man with two domestic assault charges from December pending was charged Monday with another count of domestic assault, against a second person.

Jeffrey J. Rose, 47, of Brandon, pleaded not guilty in Rutland criminal court on July 8 to a misdemeanor count of domestic assault and a misdemeanor count of violating court-ordered conditions of release.

A second count of violating conditions of release was dismissed after attorney Robb Spensley, who represents Rose, challenged the charge. Police accused Rose of violating a condition that forbade him from possessing guns but Judge Samuel Hoar agreed with Spensley that the affidavit in the case did not indicate Rose actually handled any guns.

Also, Spensley asked for an exception to the prohibition against Rose possessing guns that would allow him to possess and use weapons only for the purposes of his employment with the National Guard.

Rose was released without bail.

In December, Rose pleaded not guilty in the same court to a felony count of first-degree aggravated domestic assault and a misdemeanor count of domestic assault.

The newer charges are based on an affidavit written by Cpl. Adam Murach, of the Brandon Police Department.

Murach said a woman called police just after midnight on Monday and said Rose “made threats that he was going to smash a mirror over her.”

The woman, who has been involved in a relationship with Rose, said she had been been at an event in Addison several hours before the alleged incident. The woman said Rose showed up at Addison “extremely intoxicated.”

She said she and Rose exchanged several texts during which he questioned her loyalty. Murach, who read some of the texts, said Rose’s texts “appeared to express frustration and anger” toward the woman.

Murach said he spoke to Rose at Rose’s home. According to the affidavit, Rose admitted that while his relationship with the woman was ending, he had become “upset.”

Rose allegedly admitted to setting fire to a coffee table at the home but said he did it “because he built it, and he needed firewood.”

Murach said Rose allowed police to test his breath. His blood-alcohol content was 0.249%, more than three times the legal limit for driving in Vermont, which is 0.08%.

The 2018 domestic assault charges were based on an affidavit written by Officer David Wallant Jr., of the Brandon Police Department, who said Rose had assaulted a 14-year-old boy.

The boy told police he had gotten into a fight with Rose that started when Rose pulled him off a bed. According to the boy, Rose put him in a headlock that made it hard to breathe, which was the basis for the felony charge of domestic assault.

Wallant said Rose admitted to putting the boy in a headlock “in an attempt to try and control him.”

At Rose’s arraignment, Spensley said his client’s only previous conviction was for disorderly conduct in 1994. Spensley said Rose’s history indicated he was not likely to flee to avoid prosecution.

“This is a (relationship) where the police unfortunately show up to this house two or three times a year and there’s a lot of documentation about that and police narratives. My client always stays on the scene. If he leaves the fight, he always comes back when the police arrive at the house. There’s no allegation that he’s ever run from the police or tried to get away from them,” Spensley said.

Rutland County Deputy State’s Attorney Travis Weaver said the state was requesting bail because charges were “starting to accumulate.”

Hoar agreed to release Rose without bail but ordered him to observe a curfew between 10 p.m. and 4:30 a.m.

If convicted of all the charges against him, Rose could be sentenced to up to 18½ years in jail.

patrick.mcardle

@rutlandherald.com

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