Fairbury Man Sentenced for Criminal Mischief, Other Charges Pending

Dalton D. Vivier, age 27, of Fairbury, was fined $100 for a charge of criminal mischief in Jefferson County Court on Wednesday, November 17. The defendant was previously scheduled to be sentenced on September 14 but his attorney, Public Defender Scott Gropp, requested a continuance to give the defendant time to make payments toward restitution. Linda Bauer was the presiding judge.Vivier was originally charged with obstruction of government operations and resisting arrest, both class 1 misdemeanors punishable by up to one year in jail and a $1,000 fine, and 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.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.In accordance with a plea agreement, the defendant pleaded guilty to criminal mischief. The remaining charges were dismissed.Vivier was free on a $2,500 (10 percent) bond. It was decided to release the bond and apply it toward restitution. Judge Bauer asked, “How much of the bond will you need for restitution?”Both Gropp and county ttorney Joseph Casson said, simultaneously, “All of it.”In another case, Vivier is charged with third degree assault and theft (valuing between $500 and $1,500), both class 1 misdemeanors. He is also charged with criminal mischief resulting in damages between $500 and $1,500, a class 2 misdemeanor.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 jamb to the apartment was destroyed, the door itself was broken and the deadbolt had been broken out of the door itself.”The deputy who filled out the report noted the alleged victim had a black eye.The affidavit also points out that the sheriff’s office has responded to calls involving Vivier on May 14, July 16 and July 30 of this year as well.A warrant was issued for Vivier on August 15.In this case, the defendant is free on a $5,000 (10 percent) bond, with a provision that he have no contact with the alleged victim.Gropp asked for a continuance, indicating his client was scheduled to be sentenced in a separate case in Gage County on December 7, 2022. Gropp said there was a possible plea agreement in the works but it could depend on how the Gage County case worked out. Judge Bauer granted the motion and set a new hearing date for December 14.

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