NORTHAMPTON – A Hampshire Superior Court judge ruled Thursday that a 41-year-old tow truck driver from Ware accused of multiple rapes is a “very violent person demonstrated by his extensive record for violence” and will be held without right to bail.
Arthur E. Salsbury Jr. appeared in court for a dangerousness hearing two days after pleading not guilty to four counts of aggravated rape, two counts of rape, two counts of assault by means of a dangerous weapon, kidnapping, unarmed robbery and assault and battery. The charges stem from four incidents involving four different women, all believed to be sex workers.
Salsbury was arrested and arraigned on similar charges in Eastern Hampshire District Court in Belchertown late last month after Granby Police issued a warrant for his arrest. Salsbury allegedly raped three women in February and March. In those incidents, all the women were picked up in neighboring communities and two of them were brought to Dufresne Park in Granby.
The oldest allegation, dating back to 2009, came after Salsbury’s arrest when police said his name was entered into a DNA database, which linked him to a sexual assault that occurred in Granby in 2009.
In his ruling Judge John Agostini, found that Salsbury demonstrated an unwillingness to follow court orders. Agostini ruled the fact that three recent alleged assaults occurred while he was on probation was “convincing evidence that any conditions placed on him would be ineffective.”
“Most importantly, if the Commonwealth is able to prove its case against the defendant, we have a serial rapist before us. We have four known victims and 20 other ‘events’ with prostitutes as admitted by the defendant,” Agostini wrote in his ruling. “This is a very serious criminal enterprise. If the allegations are true, the defendant has picked his victims well as they are living on the edge, addicted and vulnerable. Such victims often won’t report such crimes given their situation.”
Presenting her argument in court Thursday, Assistant Northwestern District Attorney Jennifer Suhl submitted a packet of information which included a written statement from an alleged victim, a sexual assault evidence collection kit form, multiple police arrest forms and incident reports as well as photo array lineups. All of those documents, as well as others submitted by Suhl which contain “highly sensitive information related to sexual assaults and other crimes of a sexual nature” have been impounded and are not available to the public.
Suhl argued that Salsbury picked up the women in Holyoke in either a tow truck or a car registered in his wife’s name. Two of the women were “essentially strangers” to Salsbury while two had previously met Salsbury when he paid them for sex, Suhl said. Salsbury was under the influence of alcohol, cocaine or both during the alleged incidents, she added.
Salsbury also has a “significant” prior record, including eight previous convictions for assault and battery and three restraining orders, Suhl said. At the time of the three incidents that allegedly occurred this year, Salsbury was on probation for an assault and battery and malicious damage to property case that was handled in East Brookfield District Court. A warrant has now been issued for his arrest in that case due to the new charges, Suhl said.
Defense attorney David Mintz, of Northampton, argued that the state’s dangerousness statute specifically refers to the presumption of innocence and that Salsbury’s family would “buttress his behavior” if he was released on bail with conditions.
Mintz argued for a GPS monitoring device as well as house arrest that would allow for Salsbury to leave home for medical and legal appointments as well as religious services. Mintz also told the judge that Salsbury has an alibi for the incident that allegedly occurred March 24 – Salsbury was in Boston with his family.
Mintz also questioned why charges had not been filed earlier in the alleged incident that occurred in 2009 because there was a “hit” in the state’s DNA database in 2011. Salsbury has also never missed a court appearance and has successfully completed each of his probationary terms, Mintz said.
Mintz also said that Salsbury has been in protective custody, or segregation, at the Hampshire County Jail while he is awaiting trial and is only allowed out of his cell an hour a day. “The time awaiting trial is going to be hard time,” Mintz said.
Salsbury’s next court appearance is scheduled for June 20.
Emily Cutts can be reached at ecutts@gazettenet.com.