FARMINGTON — Bail was set Thursday for two men accused of breaking through the front door of Food City in Wilton early Tuesday and stealing alcohol and cigarettes.

David Sarti, 19, of Henderson, Nev., who is living in Wilton, and Nathan Pomeroy, 19, of Wilton were each charged with one count of felony burglary and one count of misdemeanor theft. They were seen on video surveillance breaking into the store, according to Wilton police officer Derek Daley’s affidavit. The alcohol and cigarettes were recovered.

Judge Nancy Carlson set bail for each and ordered both not to go to any Food City store.

Assistant District Attorney Joshua Robbins requested that Sarti’s bail be set at $1,000 cash or a Maine pretrial service contract. He also asked for conditions, including no use or possession of alcohol or illegal drugs.

Robbins said Sarti has a charge of operating without a license and failed to appear. A warrant was issued for his arrest, he said.

He also said there is a burglary charge shown on his record from Las Vegas with no disposition listed. He was concerned that Sarti has strong ties to a community on the other side of the country.

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Attorney Woody Hanstein said Sarti cannot post any bail. He said he knows this is a burglary charge but if there was a statute of dealing with 19-year-olds acting like knuckleheads it would take care of this situation.

Each of the men is charged with stealing one bottle of vodka and four packs of cigarettes, he said.

Hanstein said he was not sure that a pretrial contract would be necessary.

Sarti said he had been living in Wilton with a best friend and family since New Year’s Eve. He is not working but needs to start to pay for the fine he received on May 3 on the operating without a license charge, he said.

“I was supposed to be in court in April but I honestly, completely forgot about it,” he said. When he worked in Las Vegas, he said, he was a custodian for a school district.

Hanstein proposed bail be set at $1,000 unsecured bond, a behave-yourself order and a prohibition on using alcohol.

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Carlson set Sarti’s bail at $1,000 cash or pretrial contract with conditions that include no alcohol and random searches and testing.

In Pomeroy’s case, Robbins requested $2,500 unsecured bail, since he has lived in Wilton with his parents and has a strong tie to the community. He also asked that he not use alcohol or illegal drugs and submit to random searches and testing.

Hanstein argued for search and testing, only if there is reasonable suspicion. Pomeroy has no record, he said. It is unfair if he goes back to live with his parents and a violation of their privacy to put his parents under the condition of random searches of their residence, he said.

Robbins said Pomeroy is an adult and could negotiate with his parents about the situation.

“I can see both sides of the argument,” Carlson said, but given the fact he has no record and is going to live with his parents, she ordered searches and testing be done under reasonable suspicion.

She ordered bail set at $2,500 unsecured.

dperry@sunjournal.com


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