Judge denies request to revoke bail for stabbing suspect
Feb. 19—The mother of a man violently stabbed multiple times during a fight outside a Manchester convenience store two weeks ago didn't hold back her thoughts about a judge after he denied a request to have the suspect held on bail.
"I wish it was your son," Roxanne Perry yelled at Judge Michael Klass during the proceeding.
The release of Kyle Bisson, 25, of Manchester, on personal recognizance bail by Magistrate Stephanie Johnson the day after the Feb. 7 altercation has become a political firestorm. The Manchester Police Department, Mayor Jay Ruais and Gov. Kelly Ayotte have all used Bisson's release to argue the need for bail reform.
Bisson faces charges of second-degree assault and two counts of falsifying evidence after the stabbing of Michael Perry, 42, in front of Bunny's Convenience store on Elm Street. The two men did not know each other.
A police affidavit indicates Perry punched Bisson and called him a racial slur before the stabbing. The fight was caught on surveillance camera, which prosecutor Patrick Ives showed to Klass during a hearing at Hillsborough County Superior Court Wednesday.
Roxanne Perry's anger spilled into the lobby after Klass ordered the courtroom cleared with her saying, "They let that animal walk!"
It was revealed in court documents that a police prosecutor didn't argue for Bisson to be held during his arraignment in Manchester District Court last week. In a unique move, the Hillsborough County Attorney's Office filed an appeal on a judge's order that the police prosecutor agreed to without objection.
Klass said the state did not meet its burden to prove Bisson would be a danger to the public.
"While again this involves a troubling and violent episode, the facts before the court do not justify defendant detention going forward," Klass ruled.
Klass called a recess to personally review surveillance footage of the confrontation.
"The video reflects that M.P. and the defendant both played a role in this incident," the judge said. "They both appeared to be aggressors at times. The video appears consistent with the defendant's affidavit."
The alleged victim, Michael Perry, sat in the front of the court with his mother and displayed a scar on his hand from the stabbing.
According to the complaint, Bisson stabbed Perry nine times with a pocket knife during a fight with most of the wounds coming as Perry tried to flee.
Bisson told police that Perry had called him a derogatory name for Black people and that Perry punched him in the face and jumped on top of him, according to the affidavit. Bisson thought he was going "to get beaten to a pulp" and said he acted in self-defense, according to court documents.
Prosecutor Patrick Ives showed Klass surveillance video from Bunny's on the night of the violent exchange and highlighted the timeline.
"The defendant is at no physical risk," Ives said. "He is on the other side of Amherst Street five times; each time choosing to reengage in this increasingly heated altercation."
He noted Bisson discarded the knife down a drain and the jacket he was wearing.
Public defender Tom Stonitsch argued Bisson had the right to defend himself and urged Klass to watch the entire video without an "editorialized" version by Ives.
"What you'll see is every single time that my client comes back, he stops several feet away from M.P.," Stonitsch said. "He stops, and M.P. approaches."
During the confrontation, Perry told Bisson that he had a knife, which prompted fear for Bisson, and the punch was aimed at "knocking my client out," Stonitsch said.
Klass noted Bisson, even though he tossed the knife and jacket, called police, reported for his arraignment and came to the police station.
In an unrelated case, Bisson was convicted of criminal threatening (domestic violence) in October and was given a 60-day sentence suspended for two years.
Klass said the misdemeanor offenses don't show random acts of violence.
In a statement Wednesday, Mayor Ruais said he was disappointed the defendant's personal recognizance bail was not revoked.
"This incident brought real violence to our downtown, threatening citizens and business owners, which is unacceptable," he said. "Despite today's decision, I remain confident that legislators in Concord are listening and will get behind the necessary changes to our bail laws. Violent and repeat offenders need to stay behind bars."
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