FARMINGTON – A Strong man decided again to take his case to a jury trial Monday after he pleaded no contest to a charge of terrorizing, and then withdrew the plea before the judge accepted it.
Gerald “Mike” Pond, 53, was arrested in January 2007 by Farmington police on charges of domestic assault and terrorizing.
Pond, chairman of SAD 58’s board of directors, had asserted his innocence and pleaded not guilty to the charges previously. He had planned to go to trial this month.
Pond and his attorney, Donald Brown, had reached a tentative plea agreement with state prosecutors that dismissed the assault charge and had a six-month deferred disposition on the terrorizing charge. If Pond had no encounters with police by the end of the six months, the terrorizing charge would have been discharged.
Pond pleaded no contest in Franklin County Superior Court on Monday, which meant the court would have found him guilty, but the plea could not have been used against him in a civil case.
Justice Michaela Murphy asked him if he understood that.
“I’m under advice of legal counsel,” Pond said.
Murphy said her understanding of the allegation was that the offense was committed against a family member. She asked Pond if he understood that there was some risk of additional collateral consequences that would prohibit him from possessing firearms.
Brown noted that there had been no physical contact. He added that the plea was in the best interest of his client.
“I happen to believe the charge will not trigger a federal offense,” Brown said.
Murphy asked Pond if he understood what was being discussed.
He said he didn’t understand.
The Federal Gun Control Act prohibits possession of firearms in some domestic violence convictions.
Pond and Brown left the courtroom and returned later. Brown said Pond wanted to withdraw his plea.
Pond will again face domestic assault and terrorizing charges when the case goes to trial this month.
Jury selection starts Tuesday for trials to be heard in May.
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