By GAIL OBER, LACONIA DAILY SUN
LACONIA — A Washington Street man who allegedly broke into his upstairs neighbor's apartment and assaulted the tenant was ordered held on $20,000 cash-only bail after entering a not guilty plea in Belknap County Superior Court Tuesday.
Jesse Colgen, 32, of 5 Washington St. is facing one charge of burglary, which is defined as the unlawful entry in an occupied structure with the intent to commit a crime, along with one count of resisting arrest.
A Belknap County prosecutor argued that Colgen is a danger to the community because of what he said was an unprovoked assault on a man 20 years his senior that was only stopped when police, who were nearby on a different call, heard the victim yell, "Don't kill me" and heard glass breaking.
Assistant Belknap County Prosecutor R.J. Meurin also told the court that Colgen resisted arrest and had to be subdued with a Taser before submitting to arrest.
Meurin said Colgen had two previous convictions for burglary in 2001 and 2002, two drug convictions from 2002 and 2005, and previous convictions for resisting arrest. He said records show Colgen violated the terms of his probation twice and served a 2- to 4-year imposed sentence and a second 1- to 4-year imposed sentence in Prison.
Colgen's attorney Theodore Lothstein asked for $10,000 personal recognizance bail, telling the court that Colgen had never failed to appear for a court appearance and that he was allegedly provoked by the victim.
Lothstein said the victim lived in an apartment upstairs into which Colgen, his partner and their two young children had recently moved. He said the upstairs tenant had been making a lot of noise and twice Colgen had gone upstairs to request he be more quiet because his two children needed to sleep.
On the third trip upstairs, Colgen allegedly entered without permission and beat up the victim.
Lothstein said the two men may have fought, but that the charge of burglary was not the correct charge for the situation.
Lothstein said Colgen is the sole support of his family, that his boss said he could return to work if released, that he had a place to live in Gilford and would not be returning to Washington Street.
He also said that since Colgen's arrest, his girlfriend has allegedly been targeted by the upstairs victim, who had sworn at her and continues to lean out his window and sing "I wish I had Jesse's girl," which a line from a popular 1980s rock song.
Lothstein said Colgen's girlfriend would be making alternative living arrangements as soon as she is able.
Muerin rebutted by saying that when police arrived there was no evidence of a party and that instead of calling the police about the upstairs noise, he chose to physically assault the man instead.
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