Trio charged in robbery appear in court while alleged victim sentenced to two days in jail

Posted Feb. 15, 2012, at 7:23 p.m.
Jessica Elwell
Jessica Elwell
Kristi Hall
Kristi Hall
Derrick Bustard
Derrick Bustard
Kimberly Vieira
Kimberly Vieira

ROCKLAND, Maine — Three people charged in connection with a Monday night, Feb. 13, robbery at an Owls Head home made their initial court appearances Wednesday, Feb. 15, while the victim in the case was sentenced to jail for violating a condition of bail.

The most serious charges were lodged against Jessica L. Elwell, 21, of Owls Head; and Derrick A. Bustard, 19, of Rockland. Elwell was charged with robbery, two counts of stealing drugs, assault, theft and two counts of violating conditions of release. Bustard was charged with robbery, two counts of stealing drugs and assault.

A third suspect, Kristi M. Hall, 22, of Owls Head, was charged with two counts of stealing drugs and one count of theft.

The alleged victim of the robbery also was in 6th District Court Feb. 15 to answer to a criminal charge. Kimberly A. Vieira, 37, of Spruce Head, pleaded guilty to violating a condition of release by having consumed alcohol while she was on bail in a pending operating under the influence case.

Vieira was sentenced to 48 hours in jail for the bail violation.

Vieira called police Monday night to report that she had been assaulted and robbed of prescription medications, her cellphone and possibly a debit card, according to an affidavit filed by the Knox County Sheriffs Office in 6th District Court.

The victim had visible bruises on her face and a bloody nose, according to the affidavit.

Vieira claimed she was visiting at Hall’s residence in Owls Head when Elwell and Bustard came in and Elwell attacked her. Elwell and Bustard then stole the prescriptions that included suboxone and clonazepam as well as the other items and the pair and Hall fled the residence leaving the victim alone, according to the affidavit.

The sheriff’s office report noted that Vieira was extremely intoxicated — a test later determined her blood alcohol level at 0.23. She was taken to Pen Bay Medical Center in Rockport to be treated for her injuries and then arrested for the bail violation.

The department investigated her complaint and found the suspects at Elwell’s residence. Most of the medication was gone, according to the affidavit. The other items reported stolen were found in Elwell’s residence and vehicle.

The court papers also note that sneaker treads found in the blood where Vieira reported being attacked matched Bustard’s sneakers.

Judge Michael Westcott ordered Elwell held without bail on the motion sought by the district attorney to revoke her bail on a previous operating under the influence charge that is pending. He then set bail at $10,000 cash or $50,000 surety on the new charges.

Bail for Bustard was set at $500 cash and he was ordered to be put under house arrest. His father and older sister volunteered to watch him at the house where he must stay unless he is going to work.

Westcott told Bustard he was fortunate to have someone willing to be responsible for him.

Bail for Hall was set at $800 cash and she was ordered to report daily on weekdays to Maine Pre-Trial Services and on weekends to the Rockland Police Department.

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