$2,500 bail for suspect in wife's assault; Man indicted in `death-ride' case.

Byline: Gary V. Murray

WORCESTER - Bail was set at $2,500 cash yesterday for a Milford man accused of assaulting his estranged wife after allegedly taking her on what she said he called a "death ride" down Interstate 495 from Milford to Rhode Island.

Mystic McCarthy, 37, of Medway, told state police that she and her husband, David P. Bottoms, got into an argument Jan. 9 as he was driving her Ford Explorer on I-495 in Milford after the couple had left Milford District Court. Ms. McCarthy, whose divorce from Mr. Bottoms became final Feb. 20, said the Explorer reached speeds of up to 110 mph after Mr. Bottoms allegedly told her they were going on a "death ride" and that he planned to kill them both.

According to testimony at a dangerousness hearing yesterday in Worcester Superior Court, Ms. McCarthy called her daughter, Krista, on her cell phone, reported that she was "in trouble" and asked her to call state police. Mr. Bottoms, 37, of 123 West Spruce St., Milford, allegedly grabbed the phone out of her hand and threw it out the window.

State Trooper Christopher Fraser testified yesterday that Ms. McCarthy later told him Mr. Bottoms refused to stop and let her out of the vehicle during the ride to Rhode Island, which she said ended when the vehicle got a flat tire on Interstate 295 in Cumberland, R.I.

It was then, Ms. McCarthy told investigators, that Mr. Bottoms allegedly got her in a "headlock," punched her in the face, pulled her hair and pushed her out of the Explorer.

Mr. Bottoms was indicted March 21 by a Worcester County grand jury. At his arraignment six days later in Worcester Superior Court, he pleaded not guilty to charges of kidnapping, assault with intent to rob, threatening to commit a crime, larceny of property valued at less than $250 and driving so as to endanger.

He was held without bail at that time pending yesterday's dangerousness hearing, which was requested by special prosecutor George V. Holland Jr. Mr. Holland, who asked that Mr. Bottoms remain in custody without bail for 90 days, alleged that the defendant posed a danger to Ms. McCarthy and that no conditions of his release could ensure her safety.

Under cross-examination yesterday by Mr. Bottoms' lawyer, Benjamin Brooks, Trooper Fraser said he learned after interviewing Ms. McCarthy on Jan. 9 that she accompanied Mr. Bottoms to Milford District Court that day to help him apply for a restraining order. Mr. Bottoms apparently wanted the restraining order because of an alleged incident the night before involving his 24-year-old girlfriend, according to the trooper.

Trooper Fraser said Ms. McCarthy told him the argument with Mr. Bottoms began because he did not believe she was being supportive enough.

Mr. Brooks told Judge Kathe M. Tuttman yesterday that the alleged Jan. 8 incident involving Mr. Bottoms' girlfriend "threw him for a loop" and caused him to act irrationally. He said his client's alleged behavior the next day was "very unlikely to be repeated," particularly if conditions of his release included electronic monitoring and an order that he have no contact with Ms. McCarthy.

Mr. Brooks said Mr. Bottoms had been diagnosed with bipolar disorder and was taking medication and undergoing counseling before his arrest. While acknowledging that Mr. Bottoms was placed on probation after being convicted of an earlier assault on Ms. McCarthy, Mr. Brooks said his client did well on probation, which included a requirement that he participate in a batterers' program.

He also said Mr. Bottoms was an active member of the Church of Jesus Christ of Latter-day Saints and had taken classes to prepare him for the priesthood.

Mr. Holland cited Mr. Bottoms' prior conviction for assaulting Ms. McCarthy in support of his request that the suspect remain in custody without bail. Even after being held without bail as a result of a Jan. 17 dangerousness hearing in Milford District Court, Mr. Bottoms made a "veiled threat" against Ms. McCarthy in a letter to her, the special prosecutor said.

Judge Tuttman found that Mr. Bottoms posed a danger to Ms. McCarthy, but said she was not convinced that conditions of release could not be fashioned to ensure the alleged victim's safety. The judge set $2,500 cash bail and placed Mr. Bottoms on pretrial probation. As conditions of probation, he was placed under GPS monitoring and ordered to have no contact with Ms. McCarthy, to comply with the terms of any outstanding restraining orders, and to continue to undergo mental health treatment and take his prescribed medications.

Mr. Brooks said he expected it would take a few days before arrangements could be made for the electronic monitoring equipment. He said he would have Mr. Bottoms brought back to court once that was done so he could post bail and be released.

Judge Tuttman continued Mr. Bottoms' case to April 30.