Franklin County Superior Court judge orders defendants in Millers Falls assault to remain held

By DOMENIC POLI

Staff Writer

Published: 01-11-2024 6:12 PM

GREENFIELD — A Franklin County Superior Court judge has ruled that two men accused of beating another man nearly to death in Millers Falls the night after Christmas will at least temporarily remain held without the right to bail due to their perceived dangerousness.

Judge Karen L. Goodwin decided the state had met its burden in arguing that releasing Brendon Collette, 25, of Turners Falls, and Xavier Z. Chadwell, 21, of Greenfield, would put the public’s safety at risk while the legal process unfolds. State law permits a defendant in Superior Court to be held without the right to bail for up to 180 days, when a new bail hearing must be held.

Collette and Chadwell have pleaded not guilty to single counts of assault and battery causing serious bodily injury, assault and battery with a dangerous weapon causing serious bodily injury, disorderly conduct, carrying a dangerous weapon and mayhem. They were originally arraigned in Greenfield District Court on Dec. 29 and their cases were transferred to Superior Court due to their severity.

Two juveniles also were arrested for their roles in the alleged incident, but their names and information about their cases have been impounded, due to their age.

Collette and Chadwell are accused of assaulting a man on Mormon Hollow Road in Millers Falls at about 11:20 p.m. on Dec. 26, leaving him with life-threatening injuries. The victim is now expected to survive but at one point had reportedly been transferred to Baystate Medical Center in Springfield, where he was sedated due to a potentially fatal traumatic brain injury.

According to a probable cause statement filed by Montague Police Det. Sgt. Joshua Hoffman, authorities concluded that Collette and Chadwell went to a Mormon Hollow Road home with two minors and a 25-year-old woman to purchase marijuana and a “shroom bar,” a psilocybin mushroom chocolate bar. A 20-year-old man who was with the victim at the time of the alleged assault told police a black BMW pulled into the driveway and multiple masked people exited it, two of them with weapons (a steel pipe and a machete). They reportedly attacked the victim before leaving in the vehicle.

Assistant District Attorney Ryan Scott, who is prosecuting the case for the state, said on Tuesday that the victim required emergency surgery due to brain swelling. He also reportedly suffered a fractured vertebrae and is fortunate to have not suffered permanent paralysis. Scott said the victim also has 150 staples in his head and faces potential loss of sight in one eye.

Scott argued in court that “pretrial detention is absolutely necessary.” He said Collette drove the vehicle to the Millers Falls home and held the victim down while a juvenile repeatedly struck him. He said the non-juvenile defendants have limited criminal records but played a pivotal role in the attack.

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Defense attorney Isaac Mass, who is representing Collette, asked the judge to release his client with GPS and curfew conditions.

“The juveniles are in no way known to Mr. Collette,” he argued. “And Mr. Chadwell is barely known to Mr. Collette.”

Montague Police Officer Christopher Smerz reportedly found a machete in a backpack one of the juveniles eventually admitted to owning. At least one black face mask was found in the BMW’s front compartment and a baseball bat was on the floor. But Mass described the vehicle’s floor as “disgusting,” filled with trash, and added that “a baseball bat’s an ordinary item.” Mass also said the Montague Police Department is one of the only ones in the county without body cameras for its officers.

Mass said his client works full-time in Brattleboro, Vermont, and his life “has been greatly affected by violence,” making him “essentially a pacifist” who has never even fought with this siblings.

“Everyone describes him as the last person who would be violent,” Mass said.

He also read a list of family members and friends, who each stood up to identify themselves when their names were called. He said Collette has more community support than anyone he has seen in his 12 years of practice.

Defense attorney R. Dave DeHerdt, who is representing Chadwell, asked for his client to be released because he is on probation for a motor vehicle destruction charge and is paying restitution on a monthly basis. As for the night of the alleged assault, DeHerdt said his client believed he was going out with his cousin — one of the juveniles — to drink alcohol and smoke marijuana, which he is old enough to do under state law.

“He expected it to be a low-key night,” he said.

DeHerdt said the party he was with consumed alcohol and marijuana and someone suggested getting more. He claims his client merely went for a drive with the others and arrived at the Mormon Hollow Road driveway, which DeHerdt described as a dark area with no exterior lights. DeHerdt said Chadwell saw the man who was with the victim approach the BMW holding a box cutter and that the two juveniles, who also allegedly saw the box cutter, exited the BMW and started chasing the man. DeHerdt said Chadwell got out of the vehicle to disarm his cousin, who had brandished a machete.

DeHerdt said the juveniles attacked the victim before everyone left in the vehicle.

“He’s not a danger to anyone,” the attorney said of Chadwell. “He spends most of his time at home.”

Collette and Chadwell are scheduled for a pretrial hearing in Greenfield District Court on Feb. 1.

Reach Domenic Poli at: dpoli@recorder.com or 413-930-4120.