SalemNews.com, Salem, MA

Local News

December 7, 2013

Peabody man’s comment at ticket counter leads to charges

(Continued)

After one of the incidents, the clerk who reported the threat identified Aurich in a photo array and police filed charges.

Aurich also has a pending case involving an allegation of theft from the Hollywood Hits Theater, where he went to work after leaving the AMC. Grimes told the judge that those charges involve thefts of cash from registers. He has pleaded not guilty in that case as well.

Defense lawyer Mark Barry said his client had an abscessed tooth on the day of the incident and had pulled his shirt up over the swollen part of his face.

The remarks, Barry said, were intended as a joke. He also questioned the investigation.

Aurich appeared in court in response to a summons — instead of an arrest — a choice that Judge Robert Brennan questioned after hearing the charge.

But because Aurich had appeared not only yesterday but also on Thursday, when his case was originally scheduled to be arraigned, Brennan said he couldn’t find a legal justification to set bail for the defendant. Unless prosecutors seek a finding that a person is too dangerous to release, an option available only in certain cases, judges are only allowed to consider whether a defendant is likely to flee.

Grimes, who had asked for $2,500 bail, suggested that the seriousness of the charges might lead Aurich to flee.

Brennan did order Aurich to stay away from the Liberty Tree Mall while the case is pending.

A pre-trial hearing is scheduled for Jan. 18.

Courts reporter Julie Manganis can be reached at 978-338-2521, via email at jmanganis@salemnews.com or on Twitter @SNJulieManganis.

 

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