Not-guilty plea for homeless man


A judge entered a not-guilty plea Wednesday on behalf of a homeless Steamboat Springs man who is being held on suspicion of third-degree assault and disorderly conduct.

Herbert Andrew Allaire, 60, was arrested July 9 after he allegedly struck another man while the two stood in front of a business in the 800 block of Lincoln Avenue.

County Judge James Garrecht set Allaire's case for a jury trial at 8 a.m. Oct. 6 and urged him to seek defense counsel through the public defender's office. Allaire had asked the judge to release him from jail on a personal recognizance bond, but Garrecht refused.

According to a police report, Allaire was standing in front of a downtown restaurant when a man parked his car on the street in front of him. Allaire reportedly approached the man, then swung at the man's head and began telling him to move his car.

Allaire reportedly knocked the man's glasses off, scratched his neck and was yelling and screaming at him after the man refused to move his car, Steamboat Springs police Sgt. Dale Coyner said.

Allaire appeared to be intoxicated at the time of the incident, Coyner said.

Allaire appeared in county court without representation and told the judge that he didn't do anything wrong.

"I did not swing at anybody. I did not hurt anybody," Allaire said.

Garrecht told Allaire that he is being charged because officers saw the situation differently.

A visibly confused and agitated Allaire insisted that he had done nothing wrong and did not understand why he was in court.

Deputy District Attorney Tammy Jenson said that the District Attorney's Office was willing to offer a plea bargain calling for Allaire to plead guilty to a lesser charge of attempted third-degree assault, but Allaire declined.

Jenson also told Garrecht that there is a pending mental health evaluation for Allaire in the case.

Allaire told Garrecht he already had seen someone from mental health last week and that they said he was "fine."

"I don't expect to sit in one of your hospitals," he said.

Garrecht denied Allaire's re--quest for a bond reduction and advised him to apply for a public defender so he would have representation in further court proceedings.

"We're hearing two different stories, and at this point, I don't know what to believe," Garrecht said.

Also appearing in court Wed-nesday was the man who escaped from a Craig correctional facility and later was arrested in Steamboat.

Danny Wayne Willingham, 32, was arrested June 15, after he tried to get a taxi voucher from LIFT-UP and officials discovered he had an existing arrest warrant from Moffat County.

Willingham had been sentenced in April to one year in the Cor-rectional Alternative Place-ment Program in Craig after he was sentenced for criminal mischief, a Class 5 felony, Craig police Sgt. Marvin Cameron said.

Willingham had violated his sentence conditions and was kicked out of the CAPS program. After Craig police officers went to take Willingham into custody, he fled on foot and ended up in Steamboat.

Willingham's case was dismissed in Routt County Court, but he still is facing charges in another case in Moffat County.


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