Dover domestic violence suspect held on $75,000 bail
By Joey Cresta
Tuesday, February 23, 2010
ROCHESTER A Dover man charged after a violent domestic incident last week remains held on $75,000 cash or surety after his arraignment in Rochester District Court Monday.
David J. Fischer, 40, of 78 Mount Vernon St. in Dover, appeared via video feed from county jail to the Rochester court Monday because no judges were available in Dover District Court. He stands accused of a violent assault on his wife during a dispute that began Thursday night and continued Friday morning.
Police say Fischer was charged Friday night after receiving a report from an alleged victim who received medical treatment at York Hospital in York, Maine, earlier in the day for injuries sustained in an incident at the couple's home.
According to defense attorney Alex Nossiff of Dover, the alleged victim and Fischer have been married since August.
"Obviously there are some problems with the marriage," he said during the arraignment. "But there were any number of opportunities for her to leave the home."
Assistant County Attorney Jennifer Chase said a domestic disturbance unfolded at their home Thursday night. Fischer allegedly grabbed his wife by the neck, threw her to the ground and at one point stepped on her head and grabbed her by the collar of her hooded sweat shirt and pulled her across the floor into another room, Chase said.
He also allegedly put his hand over her mouth when she tried to scream. After she said she would apply for a restraining order, he responded by claiming he would kill her, Chase said.
The fighting eventually stopped in the morning, when the alleged victim woke up and prepared to go to work. When she tried to leave, Fischer allegedly blocked her way, and when his wife passed him, he kicked the door, which closed on her hand, resulting in a broken finger, she said.
"The victim has represented she is afraid of him," Chase said.
Authorities said the assault not only resulted in a broken finger, but also caused bruising to the alleged victim. As a result of the incident, Fischer was charged with felony second-degree assault as well as misdemeanor charges of false imprisonment, criminal threatening and four counts of simple assault.
Fischer was held over the weekend on $75,000 cash bail, which was modified to include corporate surety at his arraignment. Nossiff argued for his client's release, claiming Fischer's mother in Rochester was willing to open her home to her son.
Seven family members came to the arraignment. Nossiff pointed to them as evidence that his client has a "very large support system" in the area.
He also said Fischer is a laid-off accountant who would not be a flight risk and would have no reason to leave the Rochester area.
Chase pointed out his criminal history, including being a former fugitive from justice out of Massachusetts and past charges for first-degree assault and sexual assault in 1990, as further reasoning for high cash bail.
She said Strafford County Community Corrections evaluated the suspect and found he has a mental health issue. He was on Prozac for most of his life but recently went off the medication, she said.
"He's not stable at this time," she said.
If Fischer posts bail, he is to have no contact with his wife and is ordered to be monitored by Community Corrections with a GPS, sobrietor and mental health referral.
He is due in Dover District Court for a probable cause hearing on March 5 at 10 a.m.