FARMINGTON – An East Wilton man convicted of manslaughter in 2005 will be held without bail at the Franklin County jail until Jan. 12 when a probation revocation hearing is scheduled.

Superior Court Justice Joseph Jabar denied bail Friday for Timothy D. Witham, 20, who was sentenced in May 2005 to serve one year of a five-year jail sentence. He is currently serving six years of probation.

Witham was arrested Nov. 28 by the Wilton Police Department and Maine Probation and Parole on a charge of violating his probation.

He also faces a charge of terrorizing based on accusations he threatened a counselor, and her child, while she was working with him during his probation.

Witham’s manslaughter conviction stems from a March 2004 fatal accident in which he was driving at a high rate of speed and operating with a learner’s permit when he lost control of the vehicle, which hit a snowbank and launched into the air, breaking off a spruce tree 20 feet above ground. His girlfriend, Mary McDonald, 21, of Farmington, was killed in the crash. Witham received serious injuries, including a brain injury. Two other passengers were treated and released from a hospital. On Friday, Assistant District Attorney James Andrews argued for no bail while Witham’s attorney, Joshua Robbins, argued for personal recognizance bail on the probation violation charge in Franklin County Superior Court.

Andrews said besides a brain injury, Witham has mental conditions, including bipolar and mood disorders and aggressive behavior, which have been present since 1995.

Witham was meeting with a counselor during probation, and the woman became concerned about comments the East Wilton man made about children visiting his mother, Andrews told the court. At the time, the counselor mentioned to Witham contacting the Maine Department of Health and Human Services, he said.

Witham, Andrews said, “blows up.” He threatened the counselor and her daughter if she called DHHS, and added that he knew how to get rid of a body, Andrews told the court.

“None of this is beyond his control,” Andrews said. Adding, Witham knows ways to deal with his condition.

Robbins argued that his client’s brain injury and medical condition is a factor.

He has a steady place to live with his mother, and there are no children living there, but grandchildren occasionally visit. He is on disability and is willing to see a new counselor and to have no contact with the other one, he said.

Andrews said the state is more concerned with protecting society against potential violent outbursts than helping Witham at this time.

Robbins argued that the manslaughter charge stems from a vehicle accident.

“It’s not as though he assaulted somebody,” Robbins said.

Jabar disagreed with Robbins’ argument and ruled in favor of the state.