Published DateLACONIA — A local man was released on $2,000 personal recognizance bail yesterday after an altercation in which he allegedly spit in the face of a city police officer landed him in jail overnight.
Zachary Lesko-Lebrau, 22, of 200 Hoadley Road in Belmont is charged with one count of resisting arrest, one count of disorderly conduct, and one count of simple assault — all misdemeanors.
Fourth Circuit Court, Laconia Division Judge Jim Carroll also ordered that Lesko-Lebrau report to the Belknap county Youth Assistance Bureau at the Belknap County court House daily at 9 a.m., that he seek alcohol counseling, and that he stay away from 19 Jameson St., which is the site of the incident.
Police affidavits said officers responded to a call for a domestic disturbance and saw Lesko-Lebeau walking away from an individual on Jameson Street. Police described him as "out of control, yelling and throwing his arms up in the air at the unknown individual."
Police said he had a strong odor of alcohol on his breath and said his state of mind was fluctuating from emotional to aggressive. He was not complying with police orders and answering any of their questions.
Two officers place him into protective custody but when he was being escorted to the cruiser he allegedly began thrashing his body from side to side and trying to get away from them.
At one point he spit into a police officer's eye and a second officer subdued him with pepper spray.
Once he was in the cruiser, police learned he had two orders of temporary protection taken out by two people who told police he had been at their home.
Prosecutor Jim Sawyer argued that he should be held on cash bail because of the assault on the police officer. He argued that if he was going to behave that way to a police officer, it was an indication that he was unable to control himself.
Public Defender John Bresau said the court should know that the previous charges that resulted in the temporary restraining orders were not prosecuted and Lesko-Lebeau was placed in a diversion program.
He also noted that he was fleeing from a recent assault and this should be considered as a mitigating factor. Bresau said this wasn't a case where Lesko-Lebrau was committing a crime or being belligerent.
He also said Lesko-Lebrau was living with his father, had a job, and has strong ties to the community, so is not likely to flee.