Sentencing for Criminal Mischief Postponed

Dalton D. Vivier, age 27, of Fairbury, was scheduled to be sentenced in Jefferson County Court on Wednesday, September 14, but his attorney, Public Defender Scott Gropp, requested a continuance. 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.Gropp requested a continuance to give the defendant the opportunity to make some payments toward restitution.Judge Bauer granted the motion, “I’m willing to give you another 30 days.”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 also noted the alleged victim had a black eye.A warrant was issued for Vivier on August 15.The defendant also represented by Gropp in this case. At a prior hearing, he 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.The defendant remains free on bond at this time.

Gordon Hopkins

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