Judge denies bail reduction for assault suspect
A Butler County judge denied a Center Township man's request to have his bail reduced or removed so he could visit his dying mother.
Since April 10, William H. Barbary, 41, has been in Butler County Prison on charges that he assaulted a 51-year-old woman and a teenage girl during a domestic dispute in his Sunset Drive Home, according to police. He's currently being held on $75,000 bail, an amount he's been unable to pay.
When state police arrived at the home of the incident April 9, they saw Barbary on top of a 16-year-old girl, “punching her in the head,” according to charging documents. Assistant District Attorney Patricia McLean, who is prosecuting the case, cited that scene as one of the reasons she objected to Barbary's request to be released on pretrial government supervision.
In a court filing, Barbary's public defender, Michael McFarland, said he confirmed the claim that Barbary's mother was recently diagnosed with cancer and she has about one to three months to live.
McFarland also noted that the older victim in the case wanted the no-contact order with Barbary to be reduced, and that she wanted Barbary to be freed from jail. McFarland wrote that the victim expressed these thoughts during Barbary's preliminary hearing May 5. During that hearing, she said she was not afraid of Barbary and that he just needed mental health treatment.
McFarland also noted that if the bond request is denied, Barbary wants to be given a “furlough from the Butler County Prison to visit his mother before she passes.”
Judge William Shaffer denied the bond request and told McFarland that he would need to make a separate request for any furlough considerations.
As part of her objection, McLean cited a mental health evaluation that Barbary recently underwent. She said his evaluation reports that he stopped taking his prescribed medication six weeks ago, and she said he has a history of violating protection-from-abuse orders.
“There's nothing arranged for treatment if he's released,” McLean said, arguing that Barbary has a history of not following court orders. “Just ordering compliance won't provide that compliance happens.”
She also noted that even if the older woman is comfortable with Barbary's release, there is a second victim to take into consideration, and she worried that the younger victim's safety would be jeopardized by Barbary's release.
“This child can't be protected,” McLean said.
The victim's family issued a statement through their personal lawyer, Jennifer Gilliland Vanasdale: “We believe that it was the result of mental illness. There was no criminal intent here. Mental illness is real and our concern is to make sure that it's properly addressed for those involved,” Vanasdale said. “They just want to make sure Barbary is getting proper treatment. We wanted his release to be conditional that he would be getting mental health treatment — that's absolutely essential for everyone's benefit, including the community.” Vanasdale has no involvement in Barbary's defense.
Barbary was originally arrested after police said they went to the defendant's home around 10:15 p.m. April 9 after county dispatchers heard a female screaming for help on a 911 call. When they arrived, they claimed they saw the 16-year-old being punched, and they removed Barbary from the house by force.
Police said that Barbary allegedly tried to kick the police while they were placing him under arrest and into the patrol car. They accused him of kicking the car and putting a large dent in the rear door on the driver's side.
The teenager told police that she escaped the house after Barbary allegedly exposed himself to her. He gave chase and she tried to avoid him by going back into the house, seeking refuge in her locked bedroom. She told police that Barbary was able to break in and she tried to use a knife on Barbary while he attacked her.
Police said that Barbary also attacked the older victim, who told police that Barbary punched her in the head multiple times. He also allegedly exposed himself to her.
He faces two felony counts of aggravated assault and one felony count of corruption of minors along with two counts each of simple assault and indecent exposure and one count each of criminal mischief, resisting arrest and disorderly conduct, all misdemeanors. Additionally, he is charged with harassment.
