Alex Andrade, Minot, charged with simple assault, interference with 911 call
Alex Andrade, 31, Minot, is accused of beating his wife with his fists early Tuesday at a northwest Minot address and smashing her cell phone when she tried to call 911.
Andrade is charged in district court in Minot with Class A misdemeanor simple assault – domestic violence and Class C felony interference with an emergency call.
According to the probable cause affidavit filed with the court, Andrade struck the woman in the face with his fists and took her cell phone and destroyed it when said she was calling the police. The woman had dried blood around her mouth and her lower lip was swollen, according to police.
During Andrade’s initial appearance in court on Wednesday, the alleged victim asked Judge Todd Cresap to set a low bond, said she does not fear Andrade and does not want a no contact order. She also said she never called the police. A third party called police to report a disturbance.
Ward County Assistant State’s Attorney Christopher Nelson told Cresap that Andrade had other charges with the same alleged victim, which Nelson said he found unusual.
Cresap told him that it is not unusual for domestic violence cases to involve the same alleged perpetrator and victim over a period of years.
“It happens all the time, unfortunately, “ Cresap said.
Nelson had asked the judge to set a higher bond and order no contact with the woman for her own protection. The state’s new Marsy’s Law, which enshrines victim rights in the state’s constitution, gives victims the right to be heard at a hearing. However, Nelson argued that Marsy’s Law does not bind the judge to follow the victim’s wishes.
Cresap said he believed he needed to give weight to the woman’s wishes.
“That’s the other side of the Marsy’s sword,” said Cresap. Cresap said trial judges have been given little guidance from higher courts over how much weight to give to a victim’s wishes in such cases.
Cresap set bond at $7,500, with a requirement that Andrade post 10 percent of that, and said he will allow Andrade and the woman to have contact.