LOGAN — A judge has released Erasmo Avila from jail on strict pre-trial supervision. The 33-year-old Logan man is suspected of burglary and assault, and was placed back in jail earlier this week for violating a court order.
Avila appeared in 1st District Court Thursday afternoon. He was previously charged with burglary, a second-degree felony; and misdemeanor assault.
Earlier this month, prosecutors filed more charges against Avila in Logan City Justice Court. They included one count of assault and one count of domestic violence in the presence of a child, both class B misdemeanors.
Avila was very emotional during Thursday’s hearing. He began sobbing and was removed from the courtroom momentarily by deputies, while Judge Brian Cannell met with attorneys in his chamber.
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.
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.
On January 26, Avila allegedly assaulted the victim again, physically abusing her and pulling out some of her hair. The woman contacted police, leading to the new charges.
During Thursday’s hearing, Judge Cannell said he was concerned for the alleged victim’s safety. He explained that because of the allegations he was inclined to hold Avila in jail.
Defense attorney Kevin Vander Werff claimed that the alleged victim had been reaching out Avila. She would call the defendant and his family, becoming angry when she didn’t get a response.
Cache County Deputy Attorney Barbara Lachmar said she felt if Avila would be willing to wear an ankle monitor, she would be okay with his pre-trial release again. She also expressed concern for the defendant’s mental health, and thought he should undergo an evaluation.
Judge Cannell agreed. He prohibited Avila from engaging in any communication with the alleged victim. He explained that if they needed to discuss the couple’s children, it had to be done in writing. He also banned the defendant from using drugs or alcohol, and undergo mental health counseling.
Before the hearing concluded, Vander Werff requested to be removed as Avila’s attorney. He told the court that his client had failed to follow his advice and their relationship was now strained.
Judge Cannell granted Vander Werff’s request and warned Avila, he would be held in jail again if there were any more violations. He ordered the defendant to return to court February 4.