MANCHESTER, NH – Daniel Zeron, accused of authoring a Facebook post intended to incite a riot in the city last week, is being released from the Valley Street jail on personal recognizance bail with conditions including he not access the internet and that he live with his parents in Plymouth.
Zeron appealed a lower court order issued last week by 9th Circuit Court – District Division – Manchester Judge William H. Lyons who said the state presented clear and convincing evidence that Zeron posed a danger to the public and must be held in preventative detention.
On Monday, Superior Court Judge N. William Delker presided at the appeal hearing and on Wednesday held a further hearing to determine if Zeron’s parents would agree to act as surety for their son.
Delker explained to Abelardo and Cara Zeron that they would have to subject themselves to the court’s jurisdiction and would be held in contempt if they do not make a good faith effort to monitor their son’s compliance with the bail conditions. If they do not, they could be held in contempt of court and be jailed for up to a year.
The Zerons agreed to act as surety with Mr. Zeron assuring the judge that his son would not have access to the internet.
Zeron is charged with one misdemeanor count of criminal threatening in connection with the Facebook post in which he invited protesters to engage in a riot on June 2 at the Manchester Community Shopping Center on South Willow Street.
The page featured a police car in flames. It stated:
“#Fuck12 Let’s join the other states in protesting blatant racism and police brutality. We cannot stand by and watch. Now is your chance to take action and join a movement that will forever change America for the better.
To start this event we will meet in the masses on Tuesday, June 2nd at 8 PM at The Manchester Commons Shopping Center at 401 S. Willow St. Manchester, NH 03103. We will then march all throughout willow street (sic) and let our voices be heard. Police cars will be tipped. Graffiti is welcome. Bring masks. Take examples from riots in other cities.”
The page further said, “We are tired of these pigs abusing their power and never getting what they deserve.”
The post cited similar protests in Minneapolis, New York City and Atlanta, all sparked by the May 25, 2020 killing of George Floyd, 46, a black man from Minneapolis who died after Officer Derek Chauvin allegedly knelt on his neck for eight minutes and 46 seconds.
Chauvin is charged with second- and third-degree murder. Three other officers, Thomas Lane, Tou Thao and J. Alexander Kueng are charged with felony aiding and abetting second-degree murder and second-degree manslaughter.
The Facebook page’s author also concealed his identity so as not to “be charged with inciting a riot.”
According to Facebook data, 4 people indicated they were planning on attending the event, the post was shared 25 times and 27 people expressed interest in the event.
Investigators, using the IP address associated with the account, tracked it back to Zeron who admitted to police he wrote the post but maintained it was a joke. He took the page down before police arrived at his home. Det. Brett Fernald “averred in the Gerstein affidavit that the Facebook event page was active until he requested Facebook to deactivate it,” Delker wrote in his June 8, 2020 order.
He said Lyons wrote a thoughtful order in determining Zeron should be held without bail. In it., Lyons said Zeron’s conduct “created an unacceptably high risk of danger to public safety.”
Delker said the state established compelling evidence that the charged conduct is serious. He said he was aware of riots across the country resulting in widespread violence, including looting, arson and vandalism that has caused tremendous economic loss, serious injury and loss of life.
“The Due Process Clause, however, does not allow preventative pretrial detention to be used to punish past criminal conduct,” he wrote.
He said the state’s argument at the bail hearing focused almost exclusively on whether Zeron should be punished for attempting to incite a riot in New Hampshire.
“The defendant’s conduct caused considerable fear and concern among businesses and the public,” he said. “Local and state law enforcement and the National Guard were mobilized “to quell any violence that may have resulted from the defendant’s call to action.”
The state, he said, made compelling arguments that would justify Zeron’s incarceration after a trial.
But, he said, the state presented little evidence Zeron would engage in any dangerous conduct if released on bail.
“The only fact contained in the Circuit Court order that could justify concern for the defendant’s future conduct is the fact that the defendant hid his identity to avoid being arrested for inciting a riot,” he said.
The defense pointed out that Zeron is 19 years old, a Plymouth Regional High School graduate, has no criminal record, works at an Ashland restaurant and has strong ties to the community in Plymouth.
Zeron also must comply with other bail conditions including not entering Manchester except to attend court or meet with defense counsel, and having no contact with Manchester police in the case of an emergency.
Chauvin is charged with second- and third-degree murder. Three other officers, Thomas Lane, Tou Thao and J. Alexander Kueng are charged with felony aiding and abetting second-degree murder and second-degree manslaughter.
