PC Hearing Advances Fountain Assault Case

A probable cause hearing was held yesterday in Keene district court in the case of State v James M. Phillips. Phillips stands accused of causing the hospitalization of Matthew “Yankee” Oldershaw after allegedly shoving or tackling him into the jagged granite which comprises the fountain in Central Square. During the hearing, sole witness Benjamin Nugent presented verbal accounts of his interactions with witnesses and analysis of video from the scene, including the only footage which partially captures the assault, as filmed by the currently incarcerated Free Keene blogger Rich Paul. Information presented which would normally be discounted as hearsay was admissible as Nugent recalled the statements of others collected over the course of his investigation into the incident. A public defender cross examined Nugent after direct examination from KPD prosecutor Jean Kilham.

A copy of the paperwork from the case reveals the bail conditions attached to the single charge of 2nd 2014_08_06_courtnugentdegree assault from the June 03 incident. An arrest warrant issued on July 11 was followed with instructions to not be present in Central Square, to have no contact with Matthew Oldershaw, and to refrain from the use of alcohol. A PR bail of $1000 was set on the day of the arrest.

Following yesterday’s hearing, judge Edward Burke found the state’s evidence sufficient to constitute probable cause for advancing the felony case to the superior court, where it will likely be heard before judge John Kissinger. Video from the hearing is available at Fr33manTVraw. Additional written coverage from the court by Martha Shanahan was published today in the Keene Sentinel.

  • http://www.cyberspace.com What’s the frequency, Kenneth?

    His inability to resist assaulting Derrick J after his previous appearance couldn’t possibly have helped, and I hope it will be considered, if The State has any useful purpose at all.

    • Guest99

      Really?? Did you watch the video?? Not once did James Phillips put his hands on Derrik, if anything James Phillips attempted to stop Derrik from having any confrontation with the guy in the car.

    • http://www.cyberspace.com What’s the frequency, Kenneth?

      Yeah, really. Getting into someone’s face and encouraging violence is an assault. Derrick wasn’t attempting any confrontation. He was standing on a corner videoing when he was ASSAULTED.

    • Guest99

      Where in that video is he encouraging violence. You people really only see what you want to see huh?

    • http://www.cyberspace.com What’s the frequency, Kenneth?

      “You people?” Define “you people,” you idiot. Tell me with whom you’ve collectivized me. I saw the video that’s there for everyone to see, and the violent thugs will get the natural results of their violence.

  • truffdeal

    Will there be a chance that the jury finds that they should ignore the evidence and the charges?
    Jury nullification?

    • http://www.cyberspace.com What’s the frequency, Kenneth?

      You’re asking about a jury nullifying assault laws?

    • truffdeal

      “Cecily McMillan, the 25-year-old Occupy Wall Street protester who was recently convicted of second-degree felony assault against a police officer, and who faces up to seven years in prison. After the jury was dismissed, they were said to be “shocked” to learn McMillan faced such harsh punishment, and nine of the jurors subsequently wrote the judge a note, pleading for leniency in her sentencing.

      Had they known about nullification, perhaps they would have employed it. Given their reactions, it’s hard to imagine they knew about their “implied” power.” http://blog.rocketlawyer.com/the-jury-is-out-on-nullification-916043

    • truffdeal

      “Nullification” is the vehicle by which a jury returns a verdict of “Not Guilty” not because the defendant is, in fact, not guilty, but because the jury either disagrees with the law, its application in the case before it, or considers the punishment disproportionate to the crime.

    • http://www.cyberspace.com What’s the frequency, Kenneth?

      I know what jury nullification is. I was asking for a clarification on your post.

  • DoxingTheViolent

    Address: 315 Plain Rd.

    Hinsdale, NH, United States 03451

    Birthday: August 22, 1989

  • DoxingTheViolent

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    James Michael Phillips

    Cell #: (603) 903-9696

    Address: 315 Plain Rd.
    Hinsdale, NH 03451

    Birthday: August 22, 1989

    Facebook: http://facebook.com/james.m.phillips.39/

    Yahoo Messenger: mike03451

    Father: http://facebook.com/jim.phillips.758399/
    Mother: http://facebook.com/cassie.phillips.980/
    Sister #1: http://facebook.com/jshaink/
    Sister #2: http://facebook.com/morgan.phillips.50/
    Sister #3: http://facebook.com/jacqlyn.nichole/

    ??????????????????????????????????????????
    I am in no way affiliated with Free Keene or the Free State Project.
    It is important to know about violent members of the community and I thought I’d share here.
    This information was all found on the Internets, just took some digging.
    I posted this information here because of the peace oriented ideas Free Keene discusses.

    Remember, Michael Phillips is the bad guy, don’t use this information maliciously.
    ??????????????????????????????????????????

    • http://www.cyberspace.com What’s the frequency, Kenneth?

      Nice!

    • Guest99

      Wow, what did his mother, father, & sisters have to do with this???? You sir, are a low life. The only reason for you to put this out there is to incite violence or harassment against people that had no part in what happened and if Free Keene leaves it here they’re no better.

    • http://facebook.com/TruthBeKnownRevolution TBK Revolution

      Blame the internet since the information was already out there for anybody to find.

    • Guest99

      Yeah, I’ll blame the internet because some douche sought them out and linked them to this thread

    • DoxingTheViolent

      Name-calling, the true sign of intelligence.

    • thinkliberty

      No one here is talking about his mother, father and sisters. But since you bring it up, maybe they should talk to him about his violence actions and the shame it’s brought to his family.

    • Guest99

      No one here may be having a discussion about them but there’s also no need to put links to their pages so they can be harrassed.

    • Guest99

      You may not be affiliated but your a douche either way

    • http://www.cyberspace.com What’s the frequency, Kenneth?

      your a lidarut

    • Guest

      First of all James does not live at this address anymore, so by you posting this you are just incouraging harrassment on my parents, who have nothing to do with this. As for me, I am not part of this, so I don’t see why my Facebook profile was provided, I am not in anyway a violent person as implied to why you felt the need to post mine and my other family members profiles. While I support my brother I have nothing to do with this incident and don’t apriciate my info being put out there. You putting all of my families info out there makes you no better then the bad person First of all James hasn’t lived at this address in years so by you posting this you are just incouraging harrassment on my parents, who have nothing to do with this. As for me, I am not part of this, so I don’t see why my Facebook profile was provided, I am not in anyway a violent person as implied to why you felt the need to post mine and my other family members profiles. While I support my brother I have nothing to do with this incident and don’t apriciate my info being put out there. You putting all of my families info out there makes you no better then the bad person you believe my brother to be as now you have also brought innocient people into this. believe my brother to be as now you have also brought innocient people into this.

    • MaineShark

      Someoe posting links may or may not be doing something good or bad. But even if bad, that does not compare in magnitude to your brother’s attempt to murder someone. Get some perspective, please.

    • Guest

      Attempted murder seriously? I think that’s a little dramatic considering many have seen the alleged victim walking around Keene just fine. Believe what you want. I however would like to stay uninvolved which is what my original post stated.

    • Some posters are tools

      Tool

  • Jon Koch

    I hope Dorri O’Meara is found guilty of perjury. Its clearly evident she is lying about Yankee grabbing her arm. I saw all the videos and I know if I was the Prosecuter, I could ask the right questions and bust her in her lie. She is just trying to protect Phillps.