Suspect Charged with Breaking Windows and Resisting Arrest Reaches Plea Agreement
Dalton D. Vivier, age 27, appeared in Jefferson County Court on Wednesday, July 13. 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. 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.
In accordance with a plea agreement, Vivier pleaded guilty to criminal mischief. The remaining charges were dismissed.
On May 14 of this year, 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 warrantless 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.
The defendant is represented by Public Defender Scott Gropp.
Sentencing is scheduled for September 3, to give the defendant time to pay $821.26 in restitution. Vivier remains free on a $3,500 (10 percent) bond with a provision that he not contact the alleged victim.
The defendant also has charges pending in Gage County, where he is charged with possession of a deadly weapon by a prohibited person, a class 3 felony; third degree assault, a class 1 misdemeanor; and driving under a suspended license, a class 3 misdemeanor.
