Man ruled a danger after car assault outside Lynn hearing

LYNN – A judge found a Randolph man to be a danger and ordered him held pending trial after the defendant allegedly left a dangerousness hearing, threatened a witness who had testified in the hearing and then drove into a man.”If this case indicates anything it indicates (the defendant) has absolutely no respect for the court and the court procedure,” Essex Assistant District Attorney Maria Markos said Monday in Lynn District Court.Herve Viaud, 23, of 90 Cross St., Randolph, pleaded not guilty to assault and battery with a dangerous weapon, a car; carrying a loaded firearm without a firearms identification card; witness intimidation; leaving a firearm in a vehicle; and a felon in possession of a firearm; on Sept. 5.The charges stemmed from a dispute outside a dangerousness hearing at Lynn District Court Sept. 4 for Viaud’s brother, Luis Viaud.Luis Viaud allegedly strangled his child’s mother on Aug. 24 and then threatened to burn down the shelter where she and the child were staying if she called police.The alleged victim in that case told police she had accused Herve Viaud and his girlfriend of lying about what happened and the three began arguing while leaving Luis Viaud’s dangerousness hearing. The argument continued on Sutton Street, where Herve Viaud began rummaging in his trunk and threatening to “pop a trunk on (the woman’s) ass,” Markos said in court.Markos said the woman knew Herve Viaud carried a gun and took this as a threat. Police had been called because of the disturbance, and Herve Viaud then reportedly got into a car to try and drive away. A man stepped in front of the car, and police reported seeing Viaud drive into him.”(The alleged victim’s) body was actually thrown across the street causing a dent in a parked car,” Markos reported. “(Herve) Viaud gets out of the car and continues to argue.”Markos noted Herve Viaud recorded some of the incident and showed this recording to police to demonstrate he was not the aggressor or instigator of the argument.Markos said the video showed only that Viaud never stepped back from the confrontation and made threats. Police searched Viaud’s car and reported finding a semi-automatic handgun inside the trunk.Markos argued that no conditions of release could ensure the safety of the woman, the man Herve Viaud ran into and the community. Markos also requested Herve Viaud’s bail be revoked in a case alleging credit card theft.”The intimidation of a witness occurs practically right in front of the courthouse, minutes after she testifies,” Markos said. “These are the exact things the witness intimidation statute is supposed to prevent.”Defense attorney Amy Sixt said her client was “not the aggressor but is being attacked.”Sixt noted that the encounter took place at Herve Viaud’s car, indicating the woman approached the defendant. Sixt also said the testimony during the dangerousness hearing for Luis Viaud revealed the woman “had a credibility issue.”Sixt requested $2,000 cash bail and that bail on the open case not be revoked.Judge Cathleen Campbell found Herve Viaud to be a danger. Campbell also revoked Herve Viaud’s bail on the credit card case and ordered he be held without bail pending trial on the new charges. Campbell last week found Luis Viaud to be a danger and ordered him held on $1,000 cash bail.Herve Viaud is scheduled to return to court Oct. 6.