White River Junction
Windsor Police on May 5 cited Ciccarelli into court on charges of felonious first degree aggravated domestic assault and misdemeanor domestic assault, according to court documents filed in Windsor Superior Court.
Police allege Ciccarelli on May 4 lifted Lee Fotion by her throat and “slammed her down” onto her feet, causing her to fear for her life, according to an affidavit filed in the case.
Ciccarelli also allegedly grabbed Fotion by her arms and squeezed “tightly” before pushing her backward into a wooden dresser, according to the affidavit.
Ciccarelli pleaded not guilty to both charges on May 6 in Windsor Superior Court.
Judge Theresa DiMauro released Ciccarelli on conditions, including that he have no contact with Fotion.
He will appear next in the White River Junction courthouse on Thursday.
On Monday, Ciccarelli, through his attorney, Michelle Kainen, filed a motion to amend his conditions of release, specifically the condition that affords him no contact with Fotion.
Fotion doesn’t object to the condition change, and filed a letter in court saying she is in favor of it.
“I would like to have contact with Justin so we can move forward and see what we can make of our future,” Fotion wrote.
The hearing will be held at 2 p.m. Thursday.
According to the affidavit, which was written by Windsor Police Department Detective Daniel Silver, two Windsor officers on the evening of May 4 arrived at the couple’s residence on Old Mill Pond Road to investigate an assault claim.
Upon arrival, the officers found Fotion in a parked vehicle at the top of the road and Ciccarelli inside the home.
Fotion told police she and Ciccarelli had been arguing about parenting in a bedroom of the home, and Fotion told Ciccarelli she wanted to end their relationship. Fotion said she attempted to leave the bedroom to “discontinue the confrontation” but was stopped by Ciccarelli, according to the affidavit.
“(Ciccarelli) grabbed her right upper arm and bicep area, which negated her ability to leave,” Silver wrote in the affidavit.
Fotion responded by hitting Ciccarelli in the chest, according to the affidavit.
“At this time, Fotion stated that (Ciccarelli) grabbed both her arms in the upper arm and bicep-area with each of his hands squeezing tightly,” Sliver wrote. “(Ciccarelli) pushed Fotion backward, slamming her lower back into the wooden dresser behind her.”
He “seamlessly transitioned” to throwing her onto a nearby bed, causing her feet to “completely” leave the ground, Fotion told police, according to the affidavit.
Shortly thereafter, Fotion told police, Ciccarelli grabbed her around the throat and squeezed to the point where she could not breathe. He subsequently picked her up off of the floor and “slammed her down” onto her feet, according to the affidavit.
“Fotion said that she felt ‘he was going to kill me,’ ” the affidavit states.
Shortly after the alleged altercation, Fotion called police, who told her to wait in her car until an officer arrived.
Windsor police questioned Ciccarelli about the alleged assault and he said the argument escalated to Fotion hitting him in the chest. He acknowledged he grabbed her and pushed her onto the bed but said he didn’t believe her feet left the ground, according to the affidavit.
He denied pushing her into the dresser, according to the affidavit.
Ciccarelli told police he threw items in the bedroom “out of anger,” including a flat screen television, causing it to smash.
Police photographed the bedroom and documented several bruises on Fotion’s body, including a red mark on her lower neck, according to the affidavit.
If convicted of both counts, Ciccarelli would face up to 16½ years in prison and thousands of dollars in fines.
Windsor Town Manager Tom Marsh said Ciccarelli currently holds the title of Selectboard chairman. Ciccarelli has served several terms on the board, Marsh said.
Asked whether discussion of the alleged assault occurred at the May 10 Selectboard meeting, Marsh said it hadn’t. The Selectboard meets next on May 24.
Reached by phone Tuesday evening, Ciccarelli’s attorney declined to comment. Messages left for Ciccarelli weren’t returned.
Ciccarelli is currently employed by a car dealership in the Upper Valley. Ciccarelli formerly worked for Dartmouth College’s safety office and is a former police dispatcher.
In 2012, Ciccarelli stopped to help a former Dartmouth graduate student who had been hit on Interstate 91 and notified authorities. Mikhail Lomakin, 24, already was lying in the travel lane of I-91 southbound in Wilder after being struck by another motorist who had left the scene.
Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.