LOGAN — A judge ordered a 33-year-old Logan man to be arrested again, after prosecutors claimed the suspect defied a court order and assaulted a woman, who had previously filed a protection order against him. Erasmo Avila did not speak as Judge Brian Cannell ordered deputies to take him into custody.
Avila was in 1st District Court Tuesday morning for a change of plea hearing. He had been charged with burglary, a second-degree felony; and misdemeanor assault.
In July, Avila allegedly broke into a west Logan apartment, where he had previously lived. He also assaulted his estranged wife, when she confronted him.
Avila told police that he was allowed there because his name was on the rental contract, even though the woman had severed all ties to the defendant.
Later, Judge Brian Cannell agreed to allow Avila out of jail on $10,000 bail. He ordered him though not to go to the apartment or have any contact with the alleged victim.
During Tuesday’s court appearance, defense attorney Kevin Vander Werff told the court they were not ready to enter a plea. He explained that Avila didn’t understand the conditions of the agreement and they needed more time.
Cache County Deputy Attorney Barbara Lachmar then told the court how she had just learned, Avila had assaulted the victim again. She provided a police report and photos, showing that the suspect had violated the court order and physically abused the victim, including pulling some of her hair out.
Vander Werff said he couldn’t dispute the evidence from prosecutors. He explained though, the victim had allegedly reached out to his client to try and continue their relationship.
Judge Cannell said he was concerned with the new allegation and needed to protect the victim. He ordered Avila to be placed in jail without bail.
Avila was also ordered to appear again in court Thursday to defend himself. He could face up to 15-years in prison if convicted.