Fairbury Man Pleads Not Guilty to Assault

Dalton D. Vivier, age 27, of Fairbury, appeared in Jefferson County Court via webcam on Wednesday, August 24, from the Jefferson County law Enforcement Center. Linda Bauer was the presiding judge.Vivier is charged with third degree assault and theft (valuing between $500 and $1,500), both class 1 misdemeanors punishable by up to one year in jail and a $1,000. He is also charged with criminal mischief resulting in damages between $500 and $1,500, a class 2 misdemeanor punishable by up six months in jail and a $1,000 fine.Shortly after midnight on Monday, August 15 of this year, Jefferson County Deputies were dispatched to a residence in Fairbury to investigate a reported disturbance. According to the Arrest Affidavit, the alleged victim said the defendant “has kicked the door in to the apartment” and then punched the alleged victim twice.The affidavit also noted, “The door jam to the apartment was destroyed, the door itself was broken and the deadbolt had ben broken out of the door itself.”The deputy who filled out the report also noted the alleged victim had a black eye.A warrant was issued for Vivier on August 15.The defendant is represented by Public Defender Scott Gropp, to told the court, “My client’s been unable to make bond.”The bond was originally set at $10,000 (10 percent). Gropp requested a PR (personal Recognizance) bond.County Attorney Joseph Casson objected, citing “the nature and circumstance of the offense.”Judge Bauer said, “I don’t think that a PR bond is appropriate.”However, she did agree to lower the bond to $5,000 (10 percent), meaning Vivier would have to come up with $500, with a provision the defendant have no contact with the alleged victim.The affidavit also noted that the Sheriff’s Office has responded to calls involving Vivier on May 14, July 16 and July 30 of this year as well.Vivier is scheduled to be sentenced in another case September 19, pending from the May 14 incident.In that case, Vivier was originally charged with obstruction of government operations and resisting arrest, both class 1 misdemeanors, and criminal mischief resulting in damages between $500 and $1,500, a class 2 misdemeanor.In accordance with a plea agreement, the defendant pleaded Guilty to criminal mischief. The remaining charges were dismissed.On May 14, 2022, at approximately 8:35 p.m., Jefferson County deputies responded to a report of a disturbance at a residence in Fairbury, where the defendant was accused of breaking glass panes. According to the arrest affidavit, “Vivier denied having anything to do with the broken windows.”The deputy that filled out the affidavit wrote, “I advised him to stay outside right now. Vivier stated he was going to smoke a cigarette. I advised Vivier that the building manager did not want him there as he is not a resident. Vivier then stepped inside and removed the latch from the door and attempted to shut it I put myself in the doorway to stop him from shutting the door.”The Affidavit notes, “Vivier continued resisting and pulling away after several commands. Vivier was assisted to the floor and continued to ignore commands,” and also indicated that at one point a deputy used a taser on the defendant.As of press time, the defendant remains in custody.

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