BURLINGTON — A Barre man facing a federal hate crime charge for allegedly threatening to burn down his Hispanic neighbors’ home is being held in prison pending further proceedings in the case.
At a hearing in U.S. District Court in Burlington Wednesday, a judge ordered Stuart Kurt Rollins, 58, to continue to be held behind bars, though raised questions about his mental health.
The federal hate crime charge, which U.S. Attorney Christina Nolan said was the first to be prosecuted in Vermont, was made public in an unsealed indictment last week. Rollins pleaded not guilty Friday and was being held until Wednesday’s hearing.
Rollins threatened to burn down the house of the family who lives across the road from him because of their race and national origin, according to prosecutors. All but one member of the family is Hispanic, and Rollins is white.
If convicted, Rollins could face up to 20 years in prison.
A recent report showed that hate crime incidents reported by law enforcement agencies in Vermont is on the rise, totaling 45 in 2018, up from 35 in 2017.
While prosecutors cited a pattern of threatening behavior by Rollins against the family as reason for detaining him, Rollins’ attorney argued the Barre man needs mental health treatment, and will not be able to access adequate services if he’s held in a correctional facility.
Court filings allege Rollins had a history of aggressive behavior against the family.
“During the attack, Rollins repeatedly directed racial and ethnic slurs at the family,” court records state. Rollins allegedly threatened to “get rid of you people off my street” and yelled to one family member, “I’m going to set you on fire and watch you burn,” along with multiple profanities. Rollins is also accused of exposing himself to the family, smashing their mailbox and habitually urinating on his front lawn in view of the family.
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Authorities said in federal court that Rollins violated a previous order of release barring him from having any contact with the family. The family has said that Rollins will often stand outside his house and look at the family’s house.
“Little acts that we might not think are very serious but nonetheless are understood by the victim [sic] family to be small acts of intimidation,” Assistant U.S. Attorney Julia Torti, representing the government, argued in front of Magistrate Judge John Conroy.
The family has said they still don’t feel safe and installed security cameras on the house. The children are barred from playing on the front lawn and blackout curtains have been put up in the house, court filings said.
Rollins has previously been convicted of sexual assault, domestic violence, sex crimes against children, witness tampering and violating conditions of release.
Torti pointed to Rollins’ previous record, his mental health status and that his residence is located across the street from the victims’ as reasons why he should be held until further proceedings.
“We think all of the factors will be in favor of detention,” Torti said. “The circumstances of this offense were a severe, unprovoked attack.”
Torti argued there are no conditions the court could set that would keep the public and the victims safe. There are children in the house and Rollins has a history of crimes against children.
Rollins has been diagnosed with schizophrenia, according to his attorney, and was seeing a mental health professional in Washington County. He was also undergoing drug and alcohol treatment.
The judge asked Torti if this case was as much a mental health case as it was a criminal case.
“This is an individual who is clearly manifesting signs of schizophrenia,” Conroy said, adding Rollins has reported hearing voices and has impulse control issues.
Torti agreed mental health issues would play a large role in the case, but still believed there is nothing the court could do to keep the public and victims safe.
Assistant Public Defender David McColgin, who is representing Rollins, argued that Rollins needs serious mental health support, saying he won’t be able to receive the care he needs while in custody.
“I think, your honor, it’s a serious mistake to use the criminal justice system as a way of dealing with what is clearly a mental health issue,” McColgin said.
Conroy responded by saying it is clear Rollins is not currently getting the help he needs. McColgin asked for a condition to be set mandating Rollins gets the mental support and medications he needs.
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McColgin also argued that Rollins has strong ties to the area. He has lived in Vermont since 2002, and lived with his ex-wife for the last nine years. Rollins’ ex-wife agreed to allow him back in the home should the court approve his release.
Conroy called the allegations a “serious offense” and felt as though the U.S. Attorney’s Office had clear and convincing evidence to order Rollins be detained pending further proceedings.
Rollins is being held at the Northwest State Correctional Facility.