LOGAN — A 38-year-old Smithfield man accused of physically beating a woman during a domestic dispute has waived his rights to a preliminary hearing. Daniel A. Alvares has been in the Cache County Jail since being arrested Nov. 15.
According to an arrest report, Smithfield City Police officers were called to investigate a domestic dispute that purportedly occurred Nov. 12 and 13. The alleged victim explained how she and Alvares had been drinking heavily when they began arguing.
As the fight turned physical, the woman claimed Alvares took her phone away so she could not call 911 for help. He then allegedly head-butted her in the forehead. As she attempted to leave, he ripped chunks of her hair out.
Later the woman said she was able to get away from Alvares. She ran to a nearby fast food restaurant yelling for help.
When police and a victim’s advocate interviewed the woman, they reported that she had a black eye, multiple bruises on her body and clumps of hair ripped from her scalp.
Police later contacted Alvares and questioned him about the allegations. After reading him his Miranda Rights, he stated that he did not remember any of the events that took place.
Alvares appeared in 1st District Court Thursday afternoon. He was previously charged with two counts of aggravated kidnapping, a third-degree felony; two counts of assault with substantial bodily injury, a class A misdemeanor; damage to a communications device, a class B misdemeanor; and intoxication, a class C misdemeanor. The charges carry a maximum sentence of five years in prison.
Defense attorney Zachary Holbrook said Alvares wished to waive his rights to the hearing and be bound over on the charges. He and prosecutors had worked out an agreement to allow the defendant to be released on pretrial supervision while the case proceeds through the court.
Judge Brian Cannell agreed to follow attorney’s recommendation. He set bail at $10,000, and ordered Alvares to be fitted with an ankle monitor and have no contact with the alleged victim.
Alvares spoke briefly, telling the court he was willing to waive his right to the hearing. He also told Judge Cannell, he would follow the court’s order and appear again for a pretrial conference Jan. 26.
Individuals arrested and charged in complaints are presumed innocent unless or until proven guilty beyond a reasonable doubt in court.
will@cvradio.com