SALEM, N.H. (CNN) – Probable cause was found Tuesday against a Vermont father and two of his sons accused of causing a melee at the gates of Canobie Lake Park last month.
Elmer Allen Perry, 45, and his two sons, Joshua and Brian, faced a judge Tuesday. Police said Joshua Perry insisted on entering the park with knives on his belt, which sparked the melee.
Brian Perry is accused of jumping on an officer’s back.
Surveillance video from the park played in court showed the June 16 incident. Lt. Michael Kelly said the fight started when Joshua Perry was being placed under arrest,” He immediately tries to pull his arms away from us,” Kelly said.
Officers began struggling with Joshua Perry, Brian Perry and Elmer Perry. At one point, Brian Perry can be seen wrapping his rams around one of the officers, with his hand near the officer’s gun.
Once Brian Perry is wrestled to the ground, the arresting officer can be seen punching him several times before his father pulled the officer off his son.
Moments later, with the officer attempting to subdue him, Brian Perry appears to resist and gets thrown down to the pavement.
The three were charged with felony riot. Elmer Perry’s attorney, James Reis, said the facts don’t fit the charge, which requires at least three people acting together.
“A riot presupposes these individuals, if not acting in a joint venture, so to speak, it at least envisions an act together, and you don’t have that here,” Reis said.
“At no point does it appear that e. Allen Perry and the individual identified as Brian Perry are working in concert with a third person, and the statute clearly states two or more,” said Robin Melon, Brian Perry’s attorney.
Prosecutor Jason Grosky said that at no point did the family members act alone.
“There’s an attempt being made here to try and separate these acts out to separate periods of time,” Grosky said. “They’re not. It’s all part of one riotous melee that these guys all engaged in and they all took part in acting together as a unit.”
Two other family members have been charged but were not in court Tuesday.