Man Arrested Again for Break-in

Barion Perry, 22, of Franklin Street, was arrested Nov. 14, charged with Burglary, class B felony, and Theft by Unauthorized Taking or Transfer, class A felony.

Again.

Monday's arrest was not a remarkable arrest, by most standards, except for the fact that Perry has been down this road before. In fact, it has been less than two weeks since a similar charge against Perry was heard by the U.S. Supreme Court.

"If anything, it's ironic with this latest arrest that this guy hasn't learned his lesson," said Nashua Police Lt. Michael Moushegian.

Most recently, Perry was arrested following an incident that began at about 8 a.m. yesterday when Nashua Police officers responded to a downtown residence for the report of a burglary that had just occurred.

After an initial investigation, Perry was developed as a suspect, according to police. The incident was further investigated by detectives with the Criminal Investigation Division. Perry was located in Railroad Square and arrested. Perry is charged with entering the downtown residence without being licensed or privileged to do so and with the purpose to steal from within. Perry is also charged with stealing property valued in excess of $1,500 during the burglary.

The class A felony is punishable by up to 15 years imprisonment, exclusive of fines. The class B felony is punishable by up to seven years imprisonment, exclusive of fines. Perry was being held on $50,000 cash or surety bail pending an arraignment in the 9^th Circuit Nashua District Division Court.

The Nov. 2 U.S. Supreme Court case revisited the circumstances of Perry's arrest in 2008 and the way in which Perry was identified by eyewitnesses, leading up to his arrest. The question of Constitutionality was raised by public defender Richard Guerriero, and countered by New Hampshire Attorney General Michael A. Delaney.

You can read details of the case New Hampshire Attorney General Delaney made to the U.S. supreme court in Perry v. New Hampshire here.

A decision has not been rendered in that case yet.