Cherry Street man arrested after argument over vodka turns violent, police say


PITTSFIELD -- Police say what began as an argument early Tuesday morning over vodka ended with a 44-year-old man being held in jail on $10,000 bail bond for breaking and entering and domestic assault and battery.

Daniel McCutchen, of Cherry Street, appeared with his attorney David C. Cafarelli on Tuesday in Central Berkshire District Court and pleaded not guilty to felony burglary and misdemeanor assault and battery.

According to a Pittsfield probable cause report, a neighbor called police at about 4:20 a.m. on Tuesday after hearing a woman on Cherry Street screaming for help.

When police arrived on scene, the 42-year-old alleged victim said that earlier that night McCutchen became angry with her because she drank the last nip of vodka they were sharing. She said he left the residence and she locked up and went to bed.

A few hours later, McCutchen returned, kicked in a screen on the kitchen window, grabbed her by the neck and threw her onto a bed, according to the report. Police said the woman suffered "minor" injuries.

At the arraignment, Assistant Berkshire District Attorney Kelly Mulcahy Kemp told the court that the defendant lives across the street from the woman and doesn't reside with her, facts that McCutchen and his lawyer disputed.

The prosecutor said the defendant has a criminal record in Massachusetts as well as Colorado and Nevada, including for weapons-related charges. She asked that $5,000 cash or $50,000 bail be set in the case.

Cafarelli said the record was from "20 years ago," and that his client lives at the residence and was just getting back into his house after being locked out by his girlfriend.

The lawyer also pointed out that woman had not sought a restraining order and opined that it wasn't likely she would cooperative with the prosecutors. He asked that his client be released on personal recognizance or $250 bail.

Judge Paul M. Vrabel held McCutchen on $1,000 cash or $10,000 bail bond.

A pretrial hearing date in the case was set for next month.

To reach Andrew Amelinckx:,
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