Upper Valley man has bail revoked in Mass.

Jesse Durkee, of South Royalton, Vt., left, appears with his  attorney Brian Marsicovetere in Windsor Superior Court in White River Junction, Vt., on Monday, Dec. 11, 2023. Durkee was taken into custody and let go with a citation on Sunday night for violating the terms of his release. Durkee was arrested on two separate occasions in October for allegedly breaking into two neighbors’ houses. (Valley News / Report For America - Alex Driehaus) Copyright Valley News. May not be reprinted or used online without permission. Send requests to permission@vnews.com.

Jesse Durkee, of South Royalton, Vt., left, appears with his attorney Brian Marsicovetere in Windsor Superior Court in White River Junction, Vt., on Monday, Dec. 11, 2023. Durkee was taken into custody and let go with a citation on Sunday night for violating the terms of his release. Durkee was arrested on two separate occasions in October for allegedly breaking into two neighbors’ houses. (Valley News / Report For America - Alex Driehaus) Copyright Valley News. May not be reprinted or used online without permission. Send requests to permission@vnews.com. Alex Driehaus

By JOHN LIPPMAN

Valley News Staff Writer

Published: 12-15-2023 8:37 AM

WHITE RIVER JUNCTION — A South Royalton man who is facing multiple charges of breaking into neighbors’ homes and violating his conditions of release had his bail revoked and is being held in a Massachusetts jail.

Jesse Durkee, of Avery Lane in South Royalton, had his bail revoked on Thursday morning following a court appearance in Northampton, Mass., where he appeared for a status conference hearing on numerous felony and misdemeanor charges of possession of a large capacity firearm and intimidating witnesses or public officers, according to court records.

A Franklin County Superior Court judge ordered Durkee, 38, held for 60 days, court records show.

Durkee had traveled to Northampton for a scheduled status conference hearing on the charges, and it is not known what prompted the judge to detain him on Thursday. But Franklin County court records show that there had been a “non-bailable warrant” issued in October for Durkee “due to his commission of a new crime and violation of pretrial conditions of release.”

Durkee’s incarceration in Massachusetts came less than 24 hours after prosecutors had tried to have his bail revoked in Vermont.

On Wednesday afternoon, Durkee walked out of a Windsor County courtroom, where he was called to answer allegations of multiple incidents of violating his conditions of release, including one where he is alleged to have refused to leave a residence.

Durkee was already under a court order restricting his whereabouts and movement following back-to-back incidents in October in which he is charged with forcing his way into neighbors’ homes.

After the second incident, state prosecutors sought to have Durkee’s bail revoked, but that request was rejected by Superior Court Judge Heather Gray on grounds that the motion fell short of certain legal hurdles.

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On Wednesday, Gray denied a request by Windsor County Deputy State’s Attorney Emily Zukauskas seeking to increase Durkee’s bail from $5,000 to $10,000 cash, ruling that Durkee had not demonstrated behavior to indicate he was a flight risk, as is required to modify the bail terms of a defendant under state law.

Brian Marsicovetere, Durkee’s attorney, argued that charges of violating conditions notwithstanding, Durkee had not shown himself to be unwilling to show up for his scheduled court appearances.

“This man is not a risk of flight. Period,” Marsicovetere said, noting Durkee has compelling reasons to remain in the area, including a daughter and family with long ties in Royalton, Tunbridge and Strafford. “He’s just not.”

While Gray agreed his client did not appear to be a flight risk, she nonetheless found that Durkee’s repeated appearances in court over violating court orders warranted stricter limits on his conditions, as Zukauskas argued.

Gray ordered a “24/7 curfew” for Durkee to reside at his grandparent’s residence on Kibling Hill Road in Strafford, with the lone exceptions being for court proceedings, “verifiable” methadone and medical treatment and meetings with his defense attorney at the attorney’s office. In all instances, he was to be accompanied by his grandfather, Gardner Moses.

Durkee’s first violation of his conditions occurred when he was found on the afternoon of Saturday, Dec. 2, by Royalton police to be at his Avery Lane property outside the hours when he was allowed to be there, according to court documents. Under the prior conditions, Durkee had been allowed to be at his Avery Lane residence on weekdays between the hours of noon and 2:30 p.m.

The second violation occurred on Sunday, when a resident of Moses Lane in South Royalton called police to report that Durkee “was inside of her residence (and) refusing to leave,” according to Vermont State Police. When police arrived, they were informed that Durkee went into a bedroom of the residence when he saw police arrive. Durkee was taken into custody and transported to the Royalton Barracks.

In addition to the two incidents in October in which Durkee was charged with breaking into neighbors’ homes, in April he was charged with criminal threatening, reckless endangerment and assault with a deadly weapon when he allegedly was part of a group of people who got into a confrontation with guns on Moses Lane in South Royalton.

Contact John Lippman at jlippman@vnews.com.