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Morning Sentinel Dec. 10 police log

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IN BINGHAM, Saturday at 3:52 p.m., a burglary was reported on West Street.

6:03 p.m., police investigated a report of a burglary on Murray Street.

IN CLINTON, Saturday at 3:57 p.m., police responded to an accident in which a person was injured on Hinckley Road.

IN EUSTIS, Saturday at 9:27 p.m., police responded to an accident in which a person was injured on Arnold Trail.

IN FARMINGTON, Saturday at 5:01 a.m., suspicious activity was reported on Granite Heights.

5:35 p.m., a report of harassment was taken on Thompson Walton Court.

IN FAIRFIELD, Saturday at 11:36 a.m., a complaint of a scam was taken on Keyes Street.

IN JAY, Saturday at 12:13 p.m., a theft was reported on Main Street.

3:10 p.m., a report of harassment was taken on Main Street.

IN MADISON, Saturday at 9:10 a.m., a burglary was reported on Main Street.

10:39 a.m., a report of harassment was made on Wedge Street.

3:05 p.m., a theft was reported on Old Point Road.

3:55 p.m., disorderly conduct was reported on Clifton Street.

IN NEW VINEYARD, Saturday at 3:47 p.m., a brush fire was reported on New Vineyard Road.

IN PALERMO, Saturday at 9:56 a.m., a report of harassment was taken on Hicks Pond Road.

IN PITTSFIELD, Saturday at 11:16 a.m., a theft was reported on Somerset Avenue.

IN RANGELEY, Saturday at 10:48 a.m., a report of harassment was taken on Main Street.

Sunday at 10:04 a.m., suspicious activity was reported on Main Street.

11:10 a.m., suspicious activity was reported on State Park Road.

IN SKOWHEGAN, Saturday at 5:22 p.m., a disturbance was reported on French Street.

7:14 p.m., suspicious activity was reported on French Street.

8:05 p.m., police investigated a report of suspicious activity on Madison Avenue.

11:49 p.m., police investigated a report of disorderly conduct on Hanover Street.

Sunday at 3:46 a.m., police investigated a disturbance on Hanover Street.

IN SMITHFIELD, Saturday at 5:31 p.m., a disturbance was reported on Miller Lane.

IN STARKS, Saturday at 10:46 a.m., police conducted a fire and smoke investigation on Denbow Road.

11:24 a.m., a report of threatening was taken on Mason Corner Road.

IN WINSLOW, Saturday at 6:27 a.m., a burglary of a motor vehicle was reported on Boston Avenue.

9:54 a.m., a burglary of a motor vehicle was reported on Halifax Street.

9:59 a.m., a report of harassment was taken on Victor Terrace.

11:02 a.m., criminal mischief was reported on Poulin Street.

11:04 a.m., police investigated a report of criminal mischief on Poulin Street.

IN WATERVILLE, Saturday at 6:55 a.m., a burglary of a motor vehicle was reported on High Street.

7:21 a.m., police investigated a report of theft on Deeb Street.

10:55 a.m., a theft was reported on Kennedy Memorial Drive.

12:39 p.m., police investigated a report of criminal mischief on Carey Lane.

1:03 p.m., a report of threatening was taken on Silver Street.

3:18 p.m., police investigated a report of suspicious activity at Maine Specialty Pharmacy on Washington Street.

8:54 p.m., police responded to a report of threatening on College Avenue.

10:14 p.m., a domestic dispute was reported on Gold Street.

10:30 p.m., an assault was reported on Autumn Street.

11:34 p.m., police investigated a report of criminal mischief on Prospect Street.

Sunday at 3:13 a.m., a noise complaint was taken on College Avenue.

ARRESTS

IN OAKLAND, Saturday at 10:08 p.m., Clinton P. Caron, 28, of Oakland, was arrested and charged with domestic violence assault.

IN WATERVILLE, Saturday at 2:11 p.m., Christian M. Reid, 22, of Palermo, was arrested and charged with operating while license suspended or revoked, operating with suspended registration and violating condition of release.

11:53 p.m., Dakota R. Owens, 26, of Waterville, was arrested and charged on a probation hold.

Sunday at 3:16 a.m., Philip E. Howard, 31, of Waterville, was arrested and charged on a warrant.

IN WINSLOW, Saturday at 7:33 p.m., David M. Easinsky, 55, of Winslow, was arrested and charged with operating under the influence.

IN SOMERSET COUNTY, Saturday at 7:22 p.m., Earlene M. Moody, 57, of Skowhegan, arrested and charged on a probation and parole hold.

Sunday at 2:05 a.m., Marcy M. Searles, 35, of Chelsea, arrested and charged with unlawful possession of scheduled drugs and violating condition of release.

SUMMONSES

IN CLINTON, Saturday at 1:34 p.m., Maranda L. Vicnaire, 27, of Jackman, was summoned on a charge of habitual motor vehicle offender.


Drunk South Portland woman crashed car into house, tried to flee, police say

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Veronica Brown

A South Portland woman was charged with drunk driving after she allegedly crashed her car into a house and fled the scene Sunday night.

South Portland police say 31-year-old Veronica Brown lost control of her Chrysler while turning left from Highland Avenue onto Evans Street, crashed through a fence on one property, careered into two parked vehicles and crashed into the front of the home next door.

Witnesses told police the driver attempted to leave the scene in the car, but was unable to move it because of snow. She then got out and ran away, police said.

Officer Mike Armstrong found Brown shoeless and wearing pajamas a short distance away on Nutter Street. She was charged with operating under the influence, operating after suspension and leaving the scene of a crime.

The crash was reported around 9:40 p.m. Sunday.

Waterville suspect in armed standoff was being evicted from apartment

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AUGUSTA — A Waterville man who holed up for 13 hours in his apartment over the weekend after allegedly firing a gun into the apartment below was being evicted by the landlord prior to the outburst and had apparently damaged his home’s walls and door casings with a hammer.

Details about the police standoff involving Michael James Joslyn, 23, of Waterville, were contained in an affidavit by Waterville Police Detective David Caron that was filed Monday at the Capital Judicial Center.

Joslyn appeared in court Monday via video from the Kennebec County jail next door, and was told he is charged with aggravated reckless conduct, an offense carrying up to 10 years in prison; aggravated criminal mischief, which carries up to five years in prison; and refusing to submit to arrest, which carries up to 364 days in jail. Since the first two charges are felonies, Joslyn was not asked to enter a plea to the charges.

Joslyn’s landlord, Gregory Aucoin, who lived in an apartment below Joslyn’s at 124 College Ave., had confronted Joslyn on Nov. 23, 2017, to say that rent was overdue, according to Caron’s affidavit.

“During that conversation, Joslyn lifted up his shirt showing Aucoin that he had a firearm tucked into the waistband of his pants,” Caron wrote.

Police issued Joslyn a summons charging him with threatening display of a weapon. Joslyn was served with an eviction notice a few days later, Caron noted.

Then, on Saturday, Aucoin called just before 9 p.m. Saturday to say shots were being fired in the building, Caron wrote. Aucoin told police that he was in his kitchen “when a bullet came through the ceiling and struck the floor to his apartment” about 10 feet from where he was sitting.

Police from a number of agencies converged on the area to cordon it off, and negotiators attempted to contact Joslyn, indicating that “he wanted to commit ‘suicide by cop,’ and that no matter how this ends, things weren’t going to end well for him.”

At about 9 a.m., Joslyn left the residence, and police reported that it appeared he had nothing in his hands. Then, at 11:19 a.m., a police officer fired a pepper ball gun at Joslyn, hitting him with several pepper ball rounds, and officers took him into custody.

Police obtained a warrant to search Joslyn’s residence and located a “HiPoint, semi-automatic, 40-caliber handgun and several magazines, both loaded and unloaded.” They found a bullet hole in the floor of Joslyn’s dining room and a spent shell casing nearby. The investigators reported finding a corresponding bullet hole in Aucoin’s ceiling and another in the floor of Aucoin’s kitchen.

Another bullet hole was located in one of Joslyn’s bedrooms, and the bullet was retrieved from just below one of the upper cabinets in Joslyn’s apartment. Another bullet hole went through the bathroom wall into an empty front room, and police reported recovering a bullet on the wooden shingles of the covered porch of a building across the street at 125 College Ave. Two residents in that building said they were home all night during the incident, Caron wrote.

Caron also wrote that in just about every room in the apartment there was what appeared to be hammer and claw marks on the drywall and from what he could see, the entire apartment was going to need to be re-drywalled due to the amount of damage that had been done. In addition, several door casings were broken into pieces and would need to be replaced.

Justice Michaela Murphy ordered Joslyn held on $8,000 cash bail with conditions prohibiting him from contact with Aucoin, from possessing dangerous weapons, alcohol and illegal drugs and from being on College Avenue in Waterville. Joslyn was represented by Stephen Bourget, acting as lawyer of the day. Bourget said Joslyn filled out an application for a court-appointed attorney, and Murphy said the bail could be reviewed when a lawyer is appointed.

Seen on the video monitor, Joslyn was wearing a short-sleeved, one-piece, button up orange jail uniform. A dispositional conference in the case is set for Feb. 15, 2018.

When Murphy asked whether Joslyn had any criminal record, Assistant District Attorney Alisa Ross requested bail be set at $8,000 cash bail for Joslyn with a number of conditions. Ross said Joslyn had previous convictions for criminal trespass, violating bail and operating after suspension.

“Based upon conduct alleged, I will agree with amount of cash bail that’s been requested.” Murphy said.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Kennebec Journal Dec. 11 police log

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AUGUSTA

Sunday at 8:48 a.m., there was a traffic accident on Crossing Way.

9:49 a.m., terrorizing was reported on Eastern Avenue.

2:40 p.m., criminal trespassing was reported on Arsenal Street.

3:03 p.m., suspicious activity was reported on Cony Street.

5:30 p.m., harassment was reported on Townsend Road.

6:39 p.m., suspicious activity was reported on State Street.

8:51 p.m., disorderly conduct was reported on Franklin Street.

11:44 p.m., a disturbance was reported on Washington Street.

CHELSEA

Saturday at 4:23 p.m., there was a traffic accident on Route 9.

Sunday at 10:57 a.m., there was a traffic accident on Windsor Road.

CHINA

Saturday at 11:26 p.m., officers responded to an alarm on Route 3 Road.

GARDINER

Friday at 11:34 a.m., drug offenses were reported on Cobbossee Avenue.

HALLOWELL

Sunday at 2:24 a.m., a disturbance was reported on Gage Street.

4:24 a.m., suspicious activity was reported on Sewall Street.

5:59 a.m., suspicious activity was reported on Route 3 West and West River Road.

MONMOUTH

Sunday at 5:20 p.m., there was a traffic accident on Main Street.

PITTSTON

Sunday at 6:44 p.m., a vehicle struck a deer on Wiscassett Road.

WINTHROP

Friday at 4:14 p.m., trespassing was reported on Main Street.

9:34 p.m., there was a traffic accident on Route 133.

Saturday at 1:58 p.m., officers responded to an animal bite on Route 133.

ARRESTS

AUGUSTA

Sunday at 6:07 p.m., Victor H. Wilson, 41, listed as transient, was arrested on a warrant on Water Street.

6:54 p.m., Casey A. Hanna, 33, of New Harbor, was arrested and charged with unlawful possession of a scheduled drug and a probation hold after a medical rescue on Eastern Avenue.

Morning Sentinel Dec. 11 police log

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IN CORNVILLE, Sunday at 10:39 a.m., an abandoned vehicle was reported on Oxbow Road.

IN FARMINGTON, Monday at 5:06 a.m., police conducted a fire and smoke investigation on Farmington Falls Road.

IN JAY, Monday at 4:28 a.m., a burglary was reported on Intervale Road.

5:06 a.m., a burglary was reported on Intervale Road.

IN MADISON, Sunday at 3:28 p.m., police made an arrest following a motor vehicle stop on Garfield Street.

7:34 p.m., police made an arrest following a report of a motor vehicle accident on Lakewood Road.

IN MOSCOW, Monday at 12:16 a.m., a disturbance was reported on Howard Street.

1:37 a.m., a theft was reported on Howard Street.

IN NORRIDGEWOCK, Monday at 9:28 a.m., a domestic disturbance was reported on Mercer Road.

IN OAKLAND, Sunday at 7:17 p.m., an unwanted person was reported on Church Street.

IN PITTSFIELD, Sunday at 5:37 p.m., police made an arrest following a traffic stop on Central Street.

IN ROCKWOOD, Monday at 7:09 a.m., suspicious activity was reported on Rockwood Road.

IN SKOWHEGAN, Sunday at 12:17 a.m., an escape was reported on North School Street.

12:33 p.m., a threatening complaint was taken from Milburn Street.

8:38 p.m., suspicious activity was reported on Madison Avenue.

Monday at 6:54 a.m., a theft was reported on Back Road.

6:59 a.m., suspicious activity was reported on Madison Avenue.

IN WATERVILLE, Sunday at 7:30 a.m., an unattended death was reported on John Avenue.

9:39 a.m., a domestic dispute was reported on Village Green Road.

11:38 a.m., drug offenses were reported on Heywood Road.

1:42 p.m., theft was reported on Crestwood Drive.

4:51 p.m., a disturbance was reported on Elm Street.

7:47 p.m., an unwanted person was reported on Mayflower Hill Drive.

Monday at 3 a.m., suspicious activity was reported on Water Street.

3:26 a.m., theft was reported on College Avenue.

IN WILTON, Monday at 9:17 a.m., a theft was reported on U.S. Route 2.

IN WINSLOW, Sunday at 2:24 p.m., theft was reported on Cushman Road.

ARRESTS

IN WATERVILLE, Monday at 12:40 a.m., Justin Williams, 39, of Waterville, was arrested on a probation hold.

IN SOMERSET COUNTY, Sunday at 4:45 p.m., Katy L. Nickerson, 27, of Madison, was arrested on two counts of violating conditions of release.

7:51 p.m., John Harold Dow, 47, no residence listed, was arrested on charges of criminal threatening and operating under the influence.

Monday at 6:50 a.m., Keith Allen Bolduc, 59, of Vassalboro, was arrested on a warrant for failure to appear in court.

7:06 a.m., Victor Harold Wilson, 41, of Augusta, was arrested on a charge of failure to appear in court.

IN FRANKLIN COUNTY, Sunday, Melissa Couture, 34, of Jay, was arrested on a warrant for unlawful possession of scheduled drugs and was additionally charged with failing to stop for an officer, refusing to submit to arrest, operating while license suspended, eluding an officer, assault on officer, aggravated driving to endanger, unlawful furnishing of scheduled drugs, driving a motor vehicle 30 mph over the speed limit, operating under the influence and theft by unauthorized use of property.

Mitchell Wallace, 19, of Carrabassett Valley, was arrested and charged with failure to stop for an officer and violating conditions of release.

Eugene Wolfe, 66, of Farmington, was arrested and charged with domestic violence assault.

Jacob Harris, 26, of New Sharon, was arrested and charged with operating under the influence.

Timothy Baker, 23, of Waterville, was arrested on a warrant for violation of bail conditions.

Luke Charest, 38, of Stratton, was arrested and charged with operating under the influence.

Nathaniel Laine, 37, of Brunswick, was arrested and charged with operating under the influence.

Grand jury indictments show hard drugs in Somerset County

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The epidemic of hard drugs making its way through the state of Maine is showing itself in overdose deaths, addiction, child endangerment, criminal forfeiture of cash and arrests. In 2016 the death toll from drug overdoses reached 376, the Portland Press Herald reported.

More than one victim per day. More than car accidents. Or suicide. Or breast cancer.

Rural Somerset County, home to some of the best white-water rafting, hunting, hiking and fishing, is no exception.

Of the recent indictments by a county grand jury, nine of them were for drugs — opioids, prescription painkillers, heroin and now fentanyl, a powerful synthetic. It’s happening in rural towns like Cornville, Anson, Canaan and Madison.

They are small towns with a big problem.

Many of the charges listed in the grand jury indictments are felonies, with convictions carrying hefty prison terms.

And sometimes there are children home when the county’s drug enforcement team arrives, as was the case a few days after Thanksgiving this year when police seized a loaded 9mm handgun and narcotics on Route 43, also known as Shadagee Road, in Cornville and arrested two people in a raid on their home. Also in the home at the time of the execution of the search warrant were four minor children ages 17 and under.

Andrew Swanson, 39, and Jamie Wheeler, 37, were indicted last week on nine criminal charges each as a result of that raid, including aggravated trafficking, a Class A felony punishable by up to 30 years in prison, and endangering the welfare of a child.

Detective Lt. Carl Gottardi II led a team of 11 deputies and a Maine Drug Enforcement agent who is assigned to the Somerset County Sheriff’s Office.

Seized in the raid were more than 20 grams of heroin, possible amounts of fentanyl powder, numerous controlled pills, digital scales and $3,319 in cash. Also seized was a 9mm pistol with a loaded clip, drug related documentation and drug related paraphernalia, police said.

Once the controlled pills are identified and tested and an exact weight is determined more charges can be expected. The seized heroin has an approximate street value of over $4,000.

An indictment by a grand jury is not a finding of guilt but is an indication that there is enough evidence to proceed with a trial.

Other drug-related indictments handed up by the Somerset County grand jury were:

• Elialdy Javier, 20 years old, of Manhattan, New York City, charged by the grand jury with trafficking in heroin and possession of heroin, Nov. 17 in Madison.

• Christopher J. Gifford, 36, of Anson, charged with Class A aggravated trafficking in heroin and with felony possession of heroin, Nov. 25 in Norridgewock.

• In separate indictments, Christopher J. Gifford, charged with seven counts, including aggravated trafficking and possession of heroin near a school Dec. 1 in Anson and endangering the welfare of a child.

• Darrin K. Whipple, 49, of Anson, charged with felony trafficking and possession of heroin, Dec. 1 in Anson.

• Kristi L. Vigue, 26, of Epping, New Hampshire, charged with felony trafficking and possession of fentanyl, Oct. 31 in Fairfield.

• Justin A. Beauchesne, 35, charged with aggravated trafficking and possession of fentanyl, with a previous drug conviction in New Hampshire, Oct. 31 in Fairfield.

• Danielle R. Furbush, 40, of Canaan, charged with felony trafficking and possession of cocaine, March 31 in Canaan.

Doug Harlow — 612-2367

dharlow@centralmaine.com

Twitter:@Doug_Harlow

Vienna man accused of shooting at pickup truck with woman, child inside

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AUGUSTA — A Vienna man is charged with reckless conduct with a weapon for allegedly firing birdshot at a pickup truck in which his girlfriend was riding with another man and with her 7-year-old son.

Eddie Levigne, 29, was arrested after the reported incident Sunday in Vienna and had an initial court appearance Monday via video from the Kennebec County jail. He is also facing charges of domestic violence terrorizing and endangering the welfare of a child in connection with the same incident.

Justice Michaela Murphy, sitting at the Capital Judicial Center, set bail at $5,000 cash as requested by the prosecutor, with conditions prohibiting Levigne from contact with the woman, her son and the other man. He is also prohibited from having dangerous weapons.

Stephen Bourget, serving as lawyer of the day, argued for a lower bail, saying Levigne has lived in Maine all his life and that “his version of events is different than the alleged victim’s.”

Bourget said Levigne told him he fired out the back door of the home “nowhere near any vehicle. He’s grown up with guns, he knows gun safety and he wouldn’t put anybody in that situation.”

Assistant District Attorney Alisa Ross said it appeared that the backyard of Levigne’s home faced the road on which the vehicle was traveling and that police confirmed that birdshot struck the truck. She said Levigne was upset because his girlfriend was leaving in a vehicle with another man. Ross said a 12-gauge shotgun was found at Levigne’s house.

Ross also said a text message sent shortly afterward to the girlfriend asked, “How did (the other man) like that?”

Ross said Levigne had been convicted previously of assault and operating after suspension.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Family ‘confused,’‘upset’ following apparent murder-suicide of married couple in Manchester

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A relative of the Manchester man accused of fatally shooting himself and his wife on Saturday said that the married couple “adored each other” and that she was not aware of any domestic abuse taking place in their modest white home at 543 Prescott Road.

“This has absolutely nothing to do with a crack in their relationship,” said Staci Fowler of Gardiner, a great niece on the husband’s side of the family. “People always say you don’t know what’s going on behind closed doors. This has nothing to do with hate or malice or bad feelings. … They loved each other so much.”

For most of Saturday, police closed that road after Clyde Shue, 82, allegedly called authorities to report that he had killed his wife of more than two decades, 62-year-old Kim Shue.

In the afternoon, a tactical team entered the home and discovered the husband’s body near the door, with a handgun at his side, and his wife’s body in her bed.

Police are investigating the apparent murder-suicide as an act of domestic violence, but they still haven’t determined what “sparked the violence,” Steve McCausland, spokesman for the Maine Department of Public Safety, said Monday.

Fowler, whose grandmother was Clyde Shue’s sister, was allowed into their home on Saturday night and said there were no signs of an altercation or any letters that revealed what happened.

“Nothing was out of place,” she said. “There were brownies on the counter, with one brownie taken out.”

Fowler also wasn’t aware of either Clyde or Kim Shue having any serious health problems and didn’t know if the couple had made any kind of pact that would have led to the killings.

Kim Shue was recovering from a knee surgery, though, and Fowler also suspected that her great uncle might have suffered from dementia and depression.

“Everyone’s saying, ‘Was there some sort of pact? Was one of them ill?'” Fowler said. “There was no illness that I was aware of. Honestly, they were pretty private people. Both of them were pretty happy-go-lucky people. There was always a hug. Always a ‘Hi, how are you?’ He had an amazing sense of humor. They just got each other. … They truly had a relationship that people dream of.”

Kim Shue’s sister, Cindy Grimaldi, said she was not aware of any problems or health issues between them.

“I do pray that if there was any terminal sickness between them, that they had a pact to ‘go’ together,” Grimaldi said. “… She had every right to agree to do this out of their love for each other, and I pray this is the outcome of police findings.”

The couple had one cat and two Labrador retrievers, one black and one yellow, who weren’t harmed on Saturday and now are in Fowler’s care.

“Together, and separately, they were charismatic, smart, caring people with incredible senses of humor,” Grimaldi said.

While Fowler doesn’t think her great uncle was having an abusive relationship with his wife, her family is experiencing the grief and confusion that comes from such a loss.

“The whole family is confused,” she said. “Obviously, we’re upset and sad. We just don’t know. There are questions we’ll never know the answers to, but what we know is this was not who (Clyde Shue) was. This was not how we choose to remember him or her. This is totally out of the realm of anything anyone would have anticipated. We’re all devastated.”

Maynard Whitten said Monday that he never met his Manchester neighbors, Clyde and Kim Shue, who died in an apparent murder-suicide Saturday. The native of the community and former selectman said their deaths “are a damn tragedy.” Staff photo by Andy Molloy

NOT WELL KNOWN

Neither of the Shues were from Maine originally.

They met in Florida while Kim Shue, a registered nurse, was working in a jail where Clyde was employed as a corrections worker, according to Fowler.

About 10 years ago, they moved to Manchester to be closer to the family of Clyde Shue’s sister.

Grimaldi said Kim Shue was originally from Nutley, New Jersey, and had two children, but not with Clyde Shue.

Multiple neighbors — many of whom were stuck at their homes or not able to return when police closed Prescott Road on Saturday — said they were not familiar with the couple.

“I never heard of ’em and never saw them,” said Maynard Whitten, who lives less than a mile from their house on Lyons Road and called the incident “a damn tragedy.”

“Nobody around here seems to know them, even people across the street from them,” he said.

Deborah Plengey and Trudie Lee, who live behind the Prescott Road home of the Shues, said Monday that neither of them recalls meeting the couple.

Police are continuing to investigate what may have led to the shootings on Saturday, according to McCausland. On Saturday, police waited several hours to force their way through the front door of the home, he said, but they suspect Clyde Shue shot himself shortly after calling 911 around 8 a.m.

“Officers needed to make sure they were safe; that’s paramount,” McCausland said. “We made numerous attempts to make contact with anyone inside, all without success. In the mid-afternoon, the tactical team made entry into the home.”

The Shues’ bodies are currently at the state medical examiner’s office, but a representative from the office didn’t respond to a phone call or email on Monday.

On Saturday, Lt. Jeff Love, of the Maine State Police, said investigators are calling “this a domestic violence homicide.”

The boarded up windows at 543 Prescott Road in Manchester are seen Monday. On Saturday police discovered the remains of Clyde Shue, 82, and Kimberly Shue, 62, who died in an apparent murder-suicide at the residence. Staff photo by Andy Molloy

DOMESTIC VIOLENCE

Though Maine is a fairly safe state, overall, domestic violence is an entrenched problem.

For the last decade, it has accounted for about half of all homicides each year, according to the state’s Domestic Abuse Homicide Review Panel. Between 2014 and 2015, 24 people died at the hands of an intimate partner or family member, out of the 42 victims of homicide in those years.

Over the last decade, the number of homicides in Maine has remained consistent, but the percent that were related to domestic violence has been considerably higher than the national rate of 30 percent, according to the state panel.

“Unfortunately, in Maine, domestic violence homicide continues to be at least half of homicides we have every year,” said Francine Stark, executive director of the Maine Coalition to End Domestic Violence. “Maine doesn’t have all that many homicides overall, but of those that we do have, this tends to be their root.”

After the shooting in Manchester, both Stark and representatives of the Family Violence Project, a group serving Kennebec and Somerset counties, urged anyone who has questions or concerns about domestic violence to speak with an advocate at a 24-hour hotline, 1-877-890-7788.

“While many of the facts in this tragic situation remain unclear, one fact is certain: domestic violence affects everyone, including the victim(s), surviving victims, other family and all members of the community,” said Melody Fitch, executive director of the Family Violence Project, in a news release. “While it is troubling to recognize, a quiet neighborhood in which everyone seems to know one another, is as likely a scenario for inexcusable violence and abuse as any other. When we open our eyes and seek to understand, we will begin to break the isolation and silence that surrounds domestic violence and perpetuates its existence.”

According to Stark, in the wake of a domestic violence homicide, acquaintances of the victim or perpetrator may wonder what they could have done differently, but she encouraged anyone with those questions to call the hotline, along with people who feel they are in an abusive relationship.

“While we all can think about things we might have done to be more helpful to victims, the choice lay in the hands of the person who committed that act solely,” Stark said. “That leaves the rest of us to grieve and move forward and to make meaning out of this loss.”

Charles Eichacker — 621-5642

ceichacker@centralmaine.com

Twitter: @ceichacker


Maine AG investigating shooting of man and woman by Marine Patrol officer

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The Maine Attorney General’s Office is investigating an officer-involved shooting that happened Saturday night in the Washington County town of Machiasport.

Andrew Roth-Wells, a spokesman for the office, said in an email Monday night that Jason M. Jackson, 33, of East Machias and an unidentified woman were shot and wounded by a Maine Marine Patrol officer.

The incident took place after police issued a warrant for Jackson’s arrest in connection with a home invasion that occurred at a woman’s home in East Machias, Roth-Wells said.

“An armed confrontation with the Marine Patrol officer ensued, resulting in both Jackson and a female resident being shot and injured,” he said.

The Attorney General’s Office investigates all uses of deadly force by a law enforcement officer in Maine. The officer’s name has not been released, and the conditions of Jackson and the woman were unavailable Monday night.

“We are in the most preliminary portion of the investigation and have very few details,” Roth-Wells added.

 

Kennebec Journal Dec. 12 police log

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AUGUSTA

Monday at 9:47 a.m., criminal trespassing was reported on Leavitt Road.

10:59 a.m., there was a traffic accident on Pleasant Hill Road and Eastern Avenue.

11:17 a.m., shoplifting was reported on Cony Street.

12:47 p.m., disorderly conduct was reported on Northern Avenue.

1:33 p.m., there was a traffic accident on Western Avenue.

2:45 p.m., theft was reported on Pierce Drive.

3:07 p.m., disorderly conduct was reported on Melville Street.

4:03 p.m., there was a traffic accident on Crossing Way.

4:42 p.m., a past burglary was reported on North Belfast Avenue.

5:05 p.m., suspicious activity was reported on Page Street.

5:09 p.m., a domestic disturbance was reported on Commerce Drive.

5:48 p.m., disorderly conduct was reported on Washington Street.

6:08 p.m., disorderly conduct was reported on Court Street.

6:09 p.m., disorderly conduct was reported on Green Street.

6:23 p.m., disorderly conduct was reported on Higgins Street.

6:30 p.m., there was a traffic accident on Civic Center Drive and Interstate 95.

CHELSEA

Monday at 3:59 p.m., there was a traffic accident on Young Road.

CHINA

Monday at 11:31 a.m., there was a traffic accident on Branch Mills Road.

2:51 p.m., there was a traffic accident on Free Man Road.

GARDINER

Monday at 1:29 p.m., truancy was reported on West Hill Road.

HALLOWELL

Monday at 1:23 a.m., suspicious activity was reported on Front Street.

MONMOUTH

Monday at 3:22 p.m., there was a traffic accident on U.S. Route 202 and Back Street.

WINTHROP

Monday at 4:26 p.m., there was a traffic accident on Sturtevant Hill Road.

8:27 p.m., threatening was reported on Bearce Road.

8:46 p.m., harassment was reported on Green Street.

ARRESTS

MONMOUTH

Monday at 6:28 p.m., Brian Joseph Krafton, 26, of North Monmouth, was arrested on a warrant, on Old Lewiston Road.

9:19 p.m., Nicholas Daniel Morin, 39, of North Monmouth, was arrested on a warrant, on Highland Terrace.

Prosecutors seek life sentence for Robert Burton in slaying of girlfriend

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State prosecutors will seek a sentence of life in prison Friday for Robert Burton, the Abbot man convicted of murder in October in the shooting death of his former girlfriend Stephanie Gebo in June 2015 in her home in Parkman, where they had lived as a couple for more than two years.

“As previously stated, we will be asking for imposition of a life sentence, based on the facts of the case and the defendant’s criminal record,” Assistant Attorney General John Alsop said in an email Tuesday to the Morning Sentinel.

Sentencing is scheduled for 8:30 a.m. Friday at the Penobscot Judicial Center in Bangor.

Gebo, a 37-year-old mother of two who was shot to death in her own bedroom, told friends and coworkers she was fearful of Burton’s jealous rage. “I have a gun and I’m prepared to use it,” she told them.

Sleeping with a gun for protection, Gebo shot Robert Burton when he broke through her bedroom window, ready with a knife and lengths of black duct tape to bind her until she “admits her wickedness” of cheating on him sexually with other men.

Burton, bleeding from the neck and shoulder, turned the gun on Gebo and shot her from behind, leaving her for dead with three bullet wounds in her back.

Gebo had broken up with Burton the previous weekend and was killed the day after Burton’s probation for a domestic violence conviction that had sent him to prison for 10 years ended.

Burton fled after the shooting without seeking medical attention for himself and without calling 911 for Gebo. He turned himself in to police more than two months after what authorities said was the longest and most costly manhunt in state history.

Alsop said Burton’s frame of mind was like a “drawer of knives” when he shot and killed Gebo, that his anger was palpable.

Alsop pointed out that Burton wrestled the gun from Gebo and then had a choice. “Once he has the gun, he can leave; but he doesn’t. He kills her,” Alsop said. “He has no right to self-defense.”

Burton’s trial lasted nine days in late September and early October and featured Burton testifying on the witness stand. It concluded when the jury of five women and seven men finished deliberating for more than six hours over two days, ultimately rejecting the defendant’s arguments claiming self-defense and having no intention to kill.

Burton, who had a felony conviction for domestic violence and was on probation before moving in with Gebo, also faces a separate charge of possession of a firearm by a prohibited person. He faces an additional five years in prison on that charge. Justice Robert Mullen, who presided over the nearly two-week murder trial, will rule on that charge at a later date.

Defense attorney Hunter Tzovarras said he and co-counsel Zachary Brandmeir will appeal the verdict. They said they hold to Burton’s innocence.

“But as Mr. Burton said in the end,” Tzovarras said outside the Bangor courtroom following the guilty verdict in October, “he feels he can hold his head up high because he knows he didn’t intend or try to kill Stephanie, and he got to tell the jury that and everyone heard his side of the story.”

Burton, 40, said that three days after the couple broke up on May 30, 2015, after being together for two and a half years, Gebo, then 37, allowed him into her home and into her bed.

The defense argued that the couple had consensual sex just days before the fatal shooting and was trying to convince the jury that Burton had been set up to be shot by Gebo as he entered her home on June 4, 2015, or early June 5. Prosecutors said the lock on the window in Gebo’s bedroom appeared to have been rigged to allow entry from outside, though it appeared to be locked shut.

Alsop told the jury that most of what Burton said on the stand was “pure fiction,” and that Gebo had every right to defend her home from criminal trespass that night.

Taking the stand during his trial, Burton described a rough life, being a woodsman at age 17 and finally having a son of his own, who would later die of his wounds while on duty with the U.S. military in Afghanistan. He said he was injured in a wood mill accident and needed medications that he would later tell Gebo he was going to mix with alcohol to commit suicide.

Statements Burton alleged were from Gebo’s best friend, Erika Moulton, drove him to search Gebo’s phone card and find old text messages about sex with other men. Burton said Moulton told him that the love of his life was a “sex fiend” and a “whore,” which upset him gravely.

“I started over-thinking things,” he recalled under direct examination from Brandmeir. “It crushed me. I was devastated.”

Robert Burton’s history of domestic violence officially began in July 2000 when he reportedly used duct tape on the wrists and mouth of a girlfriend — the same thing he tried to do to Stephanie Gebo before he shot her to death 15 years later.

In the previous case, there were knives, suicide threats, camp burglaries and even the same hideout on Russell Mountain near his home in Abbot, all matching testimony in Burton’s murder trial.

He went to prison for 10 years in 2003. His last day of probation was June 4, 2015, the day before Gebo’s body was found by her 13-year-old daughter in a pool of blood at their home in Parkman, about 35 miles north of Skowhegan.

Stephanie Gebo’s father, Vance Ginn, has said he will hold a news conference after the sentencing Friday to launch an appeal for widespread use of ankle bracelets — electronic monitoring — in Maine.

Doug Harlow — 612-2367

dharlow@centralmaine.com

Twitter:@Doug_Harlow

Maine Supreme Judicial Court rules in favor of Waterville sex offender in probation appeal

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Maine’s high court says the state failed to prove a sex offender was on probation at the time he was accused of violating it by walking in front of a school in Waterville and not reporting to his probation officer as ordered.

The ruling in the appeal involving Cory D. Kibbe, 33, of Waterville, was released Tuesday by the Maine Supreme Judicial Court.

The court ruled, “It was the state’s burden to prove by a preponderance of the evidence, that Kibbe was on probation at the time of his alleged probation violations; the state failed to meet that burden.”

It’s not expected to affect any other cases in Maine, but the high court’s ruling does raise questions about how probation is calculated and kept track of. About 2,700 people are listed on Maine’s sex offender registry, according to the state.

The case also prompted the high court to offer guidance for similar scenarios “to prevent such failures in calculating probationary periods in future matters — particularly those in which there is a serious question as to whether the probationer is still on probation.”

“The state and the state’s witness must be prepared to establish that probation is, in fact, still in effect,” the court’s ruling states. “The better practice is for the state to file documentation with its motion to revoke probation detailing the relevant dates.”

In the decision, the court quoted sections of testimony from Kibbe’s probation officer and noted, “In short, the records makes clear that the state’s single witness — Kibbe’s probation officer — was unable to testify with any degree of certainty that Kibbe was still on probation on Oct. 6, 2016. “She had neither knowledge of nor information about the actual dates of Kibbe’s probation.”

Kibbe pleaded guilty in October 2004 in Kennebec County Superior Court to one count each of gross sexual assault and unlawful sexual contact and was sentenced to an initial four years in prison, with the remainder of the 20-year sentence suspended while he spent eight years on probation.

Kibbe was arrested in October 2016 in Waterville on a charge of violating conditions of his probation that prohibited him, among other things, from being on Summer Street, from loitering on Edgmont Street and from being within 500 feet of Waterville public schools. He also was barred from contact with girls under age 18.

After the arrest, Kibbe remained behind bars until a February 2017 hearing in which Judge Tom Nale ordered Kibbe to serve a four-year partial revocation and indicated the probation would continue afterward.

The prosecutor, Assistant District Attorney Michael Madigan, had asked the judge to impose the 14 years remaining from Kibbe’s original sentence. “Fourteen seems harsh,” Madigan said. “The original sentence was 20 years, but I think it’s appropriate when we reach this point.” Madigan referred to several previous probation violations.

As an alternative, Madigan suggested Kibbe should serve four years of the sentence that had been suspended previously.

Nale declined to impose the longer sentence.

“I can’t justify sentencing this fellow to 14 years. I can’t,” Nale said at the hearing. He also rejected the defense’s proposal for a five-month partial revocation — essentially the time Kibbe had been held in jail awaiting the hearing.

Kibbe, through his attorney Kevin Sullivan, appealed Nale’s ruling; and the Law Court heard oral arguments in the case in November 2017. On Tuesday, shortly after the decision was announced, Sullivan said his client needs to be released. Kibbe is serving the probation revocation sentence at the Maine Correctional Center in Windham, but Sullivan had not spoken with him yet.

“My primary thing is to get us back into the trial court to get a judgment of denial,” Sullivan said.

Along with vacating Nale’s decision, the Law Court ordered it returned to the trial court “for entry of an order denying the state’s probation revocation motion.”

Sullivan said, “(Kibbe) may not even be on probation any more. That’s a math problem I’ve got to figure out.”

Sullivan noted that eight years is a long probation period. “One to three years is more typical,” he said. He also said that Law Court’s ruling applies only to this case, but noted the guidance the Law Court offered about filing written evidence of dates of probation with any motions to revoke probation.

Kibbe remains a lifetime registrant under the state’s Sex Offender Registration & Notification Act because of his convictions.

Deputy District Attorney Paul Cavanaugh, responding to several emailed questions Tuesday, said the state understood “the court’s ruling that we failed to carry our burden.”

“We believed we had proven our position as did the judge at the hearing; however, the Law Court is the ultimate arbiter and has ruled otherwise,” he said.

“Mr. Kibbe will soon be released and remains on probation. Hopefully, he will comply with the conditions of his probation and we won’t be back before the court on a motion to revoke again,” Cavanaugh said Tuesday. “However, if we are, we shall be prepared to prove he is on probation. The District Attorney’s office will continue to work with the Department of Corrections and its probation officers to protect the public and rehabilitate offenders. Today’s decision does not limit or prevent that good work from continuing — it is a ruling on the specific evidence in one specific case.”

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Somerset County grand jury hands up indictment in arson case

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SKOWHEGAN — A Solon man arrested in November on an arson charge in what police said was the result of an escalating feud between two men has been indicted by a Somerset County grand jury.

Randy Ruest II, 26, of Pleasant Street, Solon, is charged by the grand jury with arson, a class A felony punishable by up to 30 years in prison.

Ruest allegedly set fire to the outside of the other man’s house on Oct. 5 on South Main Street, using a beer bottle filled with gasoline, according to police.

A grand jury indictment is not a finding of guilt, but is an indication that enough evidence is present to proceed with a trial.

Others indicted by the grand jury last week:

• Leslie D. White, 74, showing a motel room address in Palmyra, is charged with violating the conditions of his release by allegedly having contact with a child under the age of 18 on Nov. 22 in Skowhegan. White, with a Kingfield address, was indicted by another grand jury in September on three counts of unlawful sexual contact with a victim who was 14 or 15 years old at the time. The crimes are alleged to have happened in New Portland on or about May 31 of this year. Two of the charges are class C felonies, punishable by up to five years in prison on each count. The third charge is a class D misdemeanor.

The latest allegation is a class C felony.

• Ryan Paul Man, 37, of Skowhegan, is charged with aggravated assault and domestic violence reckless conduct with a dangerous weapon Oct. 26 in Skowhegan.

• Katherine A. Strysko, 33, of Skowhegan, is charged with one felony count of theft May 18 at the Hannaford supermarket in Skowhegan. She has two previous theft convictions, according to the indictment.

• Ryan A. Quimby, 34, a transient, is charged with felony aggravated assault and with misdemeanor domestic violence assault and criminal mischief July 20 in Madison.

• Justin W. Carr, 36, of Harmony, is charged with felony operating after revocation and with domestic violence assault Nov. 5 in Canaan.

• Thomas W. Cote, 22, of China, is charged with felony counts of burglary, theft and criminal mischief and with misdemeanor theft June 12 in Embden.

• Dillon M. St. Peter, 21, of Embden, is charged with felony counts of burglary, theft and criminal mischief and with misdemeanor counts of theft and violation of conditions of release, June 12 in Embden.

• Richard W. Foss, 63, of Canaan, is charged with felony counts of criminal threatening with a dangerous weapon and possession of a firearm by a prohibited person Dec. 5 in Canaan.

• Michael S. Cilley, 49, of Fairfield, is charged with one count of felony theft June 15 in Fairfield.

Doug Harlow — 612-2367

dharlow@centralmaine.com

Twitter:@Doug_Harlow

Morning Sentinel Dec. 12 police log

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IN CLINTON, Monday at 2:05 p.m., suspicious activity was reported on River Road.

4:03 p.m., police investigated a report of a disturbance at Galusha’s, Inc. on Main Street.

IN FAIRFIELD, Monday at 2:37 p.m., a disturbance was reported on Mountain Avenue.

3:24 p.m., police investigated a report of a theft on Newhall Street.

5:44 p.m., a disturbance was reported on Summit Street.

Tuesday at 3:29 a.m., police investigated a report of suspicious activity on Norridgewock Road.

IN MADISON, Monday at 4:14 p.m., a complaint of harassment was taken on Pinewood Drive.

10:20 p.m., a report of threatening was taken on Golf Course Road.

Tuesday at 1:42 a.m., suspicious activity was reported on Lakewood Road.

IN NORRIDGEWOCK, Monday at 9:28 p.m., police investigated a report of a domestic disturbance on Mercer Road.

8:43 p.m., a domestic disturbance was reported on Walker Road.

IN OAKLAND, Monday at 10:33 a.m., police were called to assist another agency on Church Street.

2:05 p.m., a report of harassment was taken on Sawtelle Road.

IN PALMYRA, Monday at 11:53 a.m., police investigated a report of a burglary on Warren Hill Road.

IN PITTSFIELD, Monday at 2:07 p.m., suspicious activity was reported on Somerset Avenue.

IN SKOWHEGAN, Monday at 2:36 p.m., a burglary was reported on Water Street.

3:31 p.m., police investigated a report of a burglary on Dartmouth Road.

IN WATERVILLE, Monday at 7:53 a.m., a theft was reported at The Big Apple store on Main Street.

9:38 a.m., police investigated a report of a fight on Canabas Avenue.

10:06 a.m., a violation of a protection order was reported on Cherry Hill Drive.

10:11 a.m., a theft was reported at the post office on College Avenue.

12:12 p.m., a disturbance was reported at the Alfond Youth and Recreation Center on North Street.

2:45 p.m., police investigated a report of suspicious activity on Carter Memorial Drive.

3:24 p.m., an unwanted subject was reported at the Thayer Center for Health on North Street.

4:07 p.m., police investigated a report of harassment on Pleasant Street.

9:33 p.m., police investigated a report of a burglary at College Quik Stop on West River Road.

Tuesday at 3:15 a.m., police investigated a report of an unwanted subject at the Circle K store on Kennedy Memorial Drive.

4:12 a.m., criminal mischief was reported on College Avenue.

IN WINSLOW, Monday at 12:34 p.m., a theft was reported at the 107 Store on Clinton Avenue.

4:31 p.m., police were called to assist another agency on Halifax Street.

ARRESTS

IN KENNEBEC COUNTY, Monday at 10:37 a.m., Jamie Lynn Nickerson, 28, of Benton, was arrested and charged with domestic violence assault.

IN SOMERSET COUNTY, Monday at 4:58 p.m., Steve M. Thibodeau, 32, of Fairfield, was arrested and charged with domestic violence assault and violating conditions of release.

6:31 p.m., Richard G. Carruthers, 71, of Madison, was arrested and charged with violating conditions of release.

IN WATERVILLE, Monday at 2:42 p.m., Jaclyn C. Spencer, 26, of Clinton, was arrested on a warrant.

10:18 p.m., Paul H. Gombos, 31, of Waterville, was arrested and charged with operating while license suspended or revoked, with a prior conviction; unlawful trafficking in scheduled drugs; and use of drug paraphernalia.

11:21 p.m., Amanda J. Corey, 19, of Waterville, was arrested on two warrants and charged with operating while license suspended or revoked, with a prior conviction.

Standish man breaks into burly jail officer’s home – a move he likely regrets

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Anthony Jones York County Sheriff’s Office photo

A corrections officer restrained a Standish man who entered his home in what appeared to be drug-induced state of delirium Tuesday afternoon, authorities said.

Anthony Jones, 35, broke through the door to Sean Wilson’s Limington home around 2:30 p.m., York County Sheriff William L. King Jr. said in a statement.

Jones, who was sweating profusely and bleeding from the mouth, told Wilson he was being pursued. But Wilson, who was at home with two of his children, both under age 4, knew something was wrong.

“Jones was rambling about people chasing him and appeared to have excited delirium,” a sign that he was under the influence of some type of drug, King said.

At the time of the intrusion, Wilson was preparing to go to work at the York County Jail and waiting for his three older children to arrive home. Wilson ordered his two children to go to a rear bedroom, then ordered Jones to lie on the floor and remain still, but Jones started walking toward the rear bedroom, where the children were hiding, King said.

Wilson, who is 6-feet 2 inches tall and weighs 330 pounds and played lineman for his high school football team, then wrestled Jones to the floor and called 911 for assistance, King said.

Wilson restrained Jones until deputies from the York County Sheriff’s Office arrived and arrested him on a burglary charge. King said Jones is also wanted for violating his probation stemming from a domestic violence incident in Cumberland County.

Jones was taken to Maine Medical Center in Portland for observation Tuesday night, and had not been booked at the jail because of his mental state.

King said there is no evidence to suggest Jones knew Wilson.

“It appears that Jones simply picked the wrong house to burglarize,” King said.

Dennis Hoey can be contacted at 791-6365 or at:

dhoey@pressherald.com


Troy woman sentenced to 13 years in prison in death of baby

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BELFAST — Miranda Hopkins was sentenced Wednesday to 13 years in prison in connection with the death of her 7-week-old son, Jaxson, in January.

The sentence — 18 years in prison with all but 13 years suspended — was handed down just before 11 a.m. in Waldo County Superior Court in Belfast. Hopkins will also be placed on probation for four years after her release from prison.

Hopkins was found guilty by a jury last month of manslaughter in the death of her son.

Justice Robert Murray granted Hopkins a stay from her sentence until Dec. 26 at 9 a.m., when she is to report to prison. Hopkins’ attorney, Christopher MacLean, asked that Hopkins be given the stay to spend Christmas with her family. Her father is in poor health and may not live until she is released from prison.

Assistant District Attorney Leane Zainea argued Hopkins should not be granted the stay, as the conviction had already been rendered. She indicated that Hopkins could be a flight risk if allowed to be outside prison after being sentenced.

Speaking to Murray after the sentence was read, Hopkins gave a brief statement after friends and family spoke on her behalf.

“I just want to say that I’m sorry,” she said. “(I want to) thank all my family and friends for standing behind me. I don’t know what else to say.”

In arriving at the sentence, Murray stated he weighed mitigating and aggravating factors after examining the crime. Hopkins’ lack of criminal history and her advocacy for children with autism were mitigating factors. However, in pointing out aggravating factors, Murray said, “The court does find that defendant has demonstrated a refusal to take responsibility. This has most significantly manifested itself in the blaming of her other children. That is a position taken by defendant from the outset and continued throughout trial.”

Zainea had been asking for a harsher sentence for Hopkins, citing a number of other manslaughter cases involving children throughout the state. While Hopkins was comforted by her attorneys, Zainea said the death of Jaxson was a direct result of Hopkins’ actions — namely squeezing, shaking and causing blunt force trauma to Jaxson.

“He didn’t die as a result of natural causes or a tragic accident, but as a result of reckless or criminally negligent conduct,” Zainea said.

In a court affidavit, the baby’s cause of death was listed as blunt force head injuries that included cuts and bruises on the head and skull, rib fractures, and bleeding on the surface of the brain.

Hopkins told authorities she had awakened to find her baby cold, white and “beat to hell.” The infant, who was born Nov. 21, 2016, was pronounced dead at the scene. Hopkins lived with Jaxson and two other sons, ages 6 and 8, who are both autistic, she told police.

Hopkins also told police she must have “blacked out” and was “so drunk that she did not remember,” saying she had drunk whiskey and ingested the antihistamine drug Benadryl, according to a police affidavit filed with the court.

The defense argued for a shorter sentence, pointing out Hopkins has no history of criminal behavior, that she is a loving mother who had too much on her plate, that she was a vital member of the community and that having lost Jaxson and her other two sons and having been in jail already, she had already been punished.

“We have a very serious crime today,” MacLean said. “Jury listened to evidence and rendered this verdict that we all accept here today. Miranda feels she had a fair trial, and we stand here today to be sentenced.”

Zainea, however, argued that Hopkins did have a history of criminal behavior. She cited Facebook posts from Hopkins earlier this year that indicated she was selling marijuana. MacLean countered that Hopkins was allowed to have a medical marijuana plant, and while she had sold some to close friends, the amounts were small.

MacLean brought five friends and family members to speak on behalf of Hopkins.

Katherine Courchene, a close friend, tearfully spoke about having known Hopkins for 15 years and how they “instantly clicked.” Courchene had two young children when she first met Hopkins and said Hopkins came to her aid whenever she needed her. Even in dire financial times, Hopkins was able to put some money together or make gifts for people in her life.

“When I had a rough day, she was there,” Courchene said.

Dylan Hopkins, Miranda Hopkins’ brother, said she had always been a caring and loving mother who did the best she could for her children. She is a good person, he said, who has constantly helped her family.

“Our life won’t be complete until we get her back in our arms,” he said.

Zainea painted a different picture of Hopkins, referencing an audio recording introduced as evidence in the trial. In the recording, a frustrated Hopkins yells at her two autistic sons, cursing at them and threatening to throw them in a snowbank if they didn’t listen and put their coats on.

MacLean said it was not fair to put much weight on a single audio recording of a frustrated Hopkins, and that it was easy to understand that someone caring for two severely autistic young boys could become occasionally frustrated.

“Everyone gets frustrated with their kids,” he said.

Zainea read a letter from the two boys’ father, who was at the trial but declined to speak with the Morning Sentinel. In the letter, he states he has had the two boys in his custody ever since Hopkins was arrested, and said they are in good health and progressing in their education.

“The boys are kind, affectionate, and loving, and should be exonerated of all further accusations,” Zainea read.

Hopkins had consistently stated one or both of the boys must have killed Jaxson. However, during the sentencing, MacLean said it was important to remember that Hopkins had told police that she had no conscious memory of killing Jaxson, having passed out from alcohol, marijuana and Benadryl. He said while it is important to punish wrongful behavior, it was also hard to justify a severe punishment for someone without conscious memory of what she was being punished for.

Hopkins’ attorneys did try to have the results of a polygraph test admitted as evidence, arguing that the results indicated there was more than a 99 percent certainty that Hopkins was telling the truth.

Following the trial, MacLean said they may look into an appeal. During the sentencing, Murray said Hopkins does have the right to appeal both the verdict and sentence to the Maine Supreme Court.

Colin Ellis — 861-9253

cellis@centralmaine.com

Twitter: @colinoellis

Sidney man convicted of raping child seeks new trial

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A Sidney man serving a 50-year prison sentence for repeated sexual assaults on a 4-year-old that he recorded on his cellphone wants a new trial.

Eric L. Bard’s attorneys argued Wednesday in front of the Maine Supreme Judicial Court that he deserved it, partly on the basis that the trial court judge had a conversation with the prosecutor about the case without defense attorneys present.

On Wednesday, questions by the supreme court justices indicated they were particularly concerned about that conversation and what, if anything, should be done about it.

Bard, now 28, is being held at the Maine Correctional Center in Windham and was not present at the hearing in the Cumberland County Courthouse in Portland.

Bard’s attorneys also argued an earlier appeal at Maine Supreme Judicial Court, also known as the Law Court, over issues regarding the admittance of evidence found on Bard’s cellphone, his competence to stand trial, and the length of the sentence.

In both appeals, Assistant Attorney General Paul Rucha maintained the trial court was correct in its rulings.

Bard’s attorneys had asked that the ruling in that appeal, which was argued in September 2016, be put on hold pending a ruling in the appeal over Bard’s bid for a new trial.

That request had been denied in September 2017 by Superior Court Justice G. Arthur Brennan following a series of hearings.

Bard’s trial in Augusta was cut short when he pleaded guilty on the second day to 11 charges of sexual exploitation of a minor, seven charges of gross sexual assault on a child under 12, two charges of unlawful sexual contact and one charge of assault. Those pleas were conditional on the issues being appealed to the Law Court.

The trial judge, Superior Court Justice Donald Marden, explained at the time that if the rulings by the Law Court indicated he was wrong in pre-trial decisions, Bard could withdraw his guilty pleas.

The offenses occurred between Dec. 1, 2011, and April 30, 2012, while Bard was babysitting the girl in Augusta. Investigators say he had befriended the child’s mother in 2010.

The investigation began when another mother seeking daycare services for her child in May 2012 came across an ad on Craigslist offering to babysit, photograph and bathe children. She reported it to Maine State Police, who learned that Bard had placed the ad.

Defense attorneys Ronald Bourget and Gina Yamartino have maintained that Bard is too intellectually compromised to fully understand what he was doing was wrong.

A series of forensic psychologists have evaluated Bard for issues of competency to enter a plea to the charges and to go to trial. After reading the reports and hearing from some of them, Marden found that Bard was competent.

On Wednesday, attorney Gina Yamartino said that the private conversation held June 23, 2014, between Marden and District Attorney Maeghan Maloney violated Bard’s “due process guarantee of an impartial judge.”

Yamartino added, “It is the bedrock of our entire judicial system.”

Yamartino also said that when defense attorneys heard rumors about that conversation in August 2014 and asked the judge about it directly, “he inexplicably denied any adversary action in the case.”

Transcripts of the meeting show the conversation centered on the release of an affidavit that had been impounded and calls by Maloney to agencies considering supervising Bard while he was on bail. The judge had issued a gag order in the case a week or so earlier that prohibited attorneys, court personnel, potential witnesses and law enforcement officers from commenting on Bard’s case.

Chief Justice Leigh Saufley asked why the defense didn’t seek a transcript of the conversation at the time.

“I’m not sure, your honor,” Yamartino said. “I think that counsel trusted the judge.”

Associate Supreme Court Justice Ellen Gorman said, “Our concern is that collegiality has led to an abject error in this case.”

She asked, “What should we do if this was an error by defense counsel?”

Yamartino said it was not.

Saufley suggested the issue could be pursued in a post-conviction proceeding rather than a new trial, and Gorman asked why Bard did not “simply ask to withdraw his plea.”

“I don’t believe that would be the proper thing to do,” Yamartino responded. “I think there was a clear risk of objective bias here, and I think a new trial is what he needs.”

Rucha suggested that the conversation between the judge and the district attorney should be considered in the context of the entire case, and argued in his brief that Bard waived his right to raise this issue because the defense knew about the conversation prior to Bard entering the conditional guilty pleas.

The Law Court issues its rulings in writing at a later date.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Morning Sentinel Dec. 13 police log

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IN BINGHAM, Tuesday at 9:51 a.m., a harassment complaint was taken from James Street.

Wednesday at 4:47 a.m., wires were reported down on Main Street.

IN CANAAN, Wednesday at 8:14 a.m., a theft was reported on Main Street.

IN CLINTON, Tuesday at 6:22 p.m., a theft was reported at Clinton Variety & Pizza on Main Street.

8:07 p.m., a fire was reported on Sebasticook Drive.

10:56 p.m., a domestic dispute was reported on Elwood Drive.

IN EMBDEN, Tuesday at 2:14 p.m., a threatening complaint was taken from Kilowatt Drive.

IN FAIRFIELD, Tuesday at 9:57 a.m., a caller from Kerris Nail & Hair Flair on Main Street reported a scam.

5:58 p.m., a domestic disturbance was reported on Martin Stream Road.

9:26 p.m., a traffic accident was reported on Skowhegan Road. A woman was summoned and charged with operating while license suspended or revoked and violating condition of release, according to the report.

IN FARMINGTON, Monday at 5:06 a.m., a fire and smoke investigation was conducted on Farmington Falls Road.

10:56 a.m., a chimney fire was reported on Perham Street.

2:14 p.m., a road hazard was reported on North Chesterville Road.

6:08 p.m., a car-deer accident was reported near New Vineyard and Cowen Hill roads.

6:54 p.m., a car-deer accident was reported near Industry Road and Middle Street.

Tuesday at 6:14 a.m., a car-deer accident was reported on Wilton Road.

6:46 a.m., a car-deer accident was reported on South Strong Road.

IN JAY, Monday at 4:28 a.m., a burglary was reported on Intervale Road.

5:06 a.m., a burglary was reported on Intervale Road.

IN MADISON, Tuesday at 4:16 p.m., trespass was reported on Horsetail Hill Road.

5:41 p.m., a disturbance was reported on Gold Course Road.

IN OAKLAND, Tuesday at 7:41 a.m., a fire was reported on Axtell Drive.

10:43 a.m., a disturbance was reported on Summer Street.

IN PALMYRA, Tuesday at 6:42 p.m., police were called to assist another agency on Camp Road.

IN PHILLIPS, Monday at 11:12 p.m., a traffic accident causing injury was reported on River Road.

IN PITTSFIELD, Tuesday at 4:54 p.m., a report of larceny or fraud was taken from Phillips Corner Road.

Wednesday at 7:29 a.m., a carbon monoxide alarm was reported on Chianchette Street.

IN SKOWHEGAN, Tuesday at 3:25 a.m., a report of a burglary was investigated on Chandler Street.

2:31 p.m., suspicious activity was reported on Madison Avenue.

3:31 p.m., suspicious activity was reported on St. Mark Street.

6:33 p.m., police responded to a report of a domestic disturbance on Beech Street.

8:45 p.m., suspicious activity was reported on Madison Avenue.

Wednesday at 9:05 a.m., trespass was reported on High Street.

IN WATERVILLE, Tuesday at 8:19 a.m., a person went to the police department to report a case involving harassment.

9:40 a.m., a domestic dispute was reported on Summer Street. A man was arrested on three warrants, according to the report.

1:13 p.m., a disturbance was reported on Elm Street.

2:34 p.m., a traffic accident causing injury was reported on Interstate 95.

2:36 p.m., a traffic accident causing injury was reported on Interstate 95.

4:28 p.m., a person from Central Fire Station on College Avenue reported a fight.

6:17 p.m., a disturbance was reported on Summer Street.

7:51 p.m., a caller from Countryside Trailer Park, Lot 63, on Ford Drive, reported an unwanted person on the premises. A man was arrested on a probation hold and charged with assault and refusing to submit to arrest or detention, according to the report.

10:43 p.m., a disturbance was reported on Elm Street.

11:29 p.m., a fight was reported on Elm Street.

IN WILTON, Monday at 6:34 a.m., a car-deer accident was reported on Weld Road.

9:17 a.m., a case involving theft or fraud was reported on U.S. Route 2 East.

IN WINSLOW, Tuesday at 7:08 a.m., a domestic dispute was reported at McDonald’s restaurant on China Road.

11:26 a.m., a case involving forgery or fraud was reported on China Road.

4:06 p.m., criminal mischief was reported on Abbott Road.

7:34 p.m., a disturbance was reported on Benton Avenue.

10:39 p.m., a traffic accident causing injury was reported on Garland Road.

ARRESTS

IN FRANKLIN COUNTY, Tuesday, no time given, Kenneth Imlay Jr., 39, of Farmington, was arrested and charged with domestic violence assault.

Wednesday, no time given, Brandon Bressette, 22, of Farmington, was arrested and charged with operating under the influence.

IN WATERVILLE, Tuesday at 10:10 a.m., Christopher Humphrey, 34, of Waterville, was arrested on three warrants.

3:40 p.m., Derek Harris, 37, of Waterville, was arrested on a probation hold and charged with violation of a protection from abuse order.

8:16 p.m., Joshua Crawford, 29, of Waterville, was arrested on a probation hold and charged with assault and refusing to submit to arrest.

SUMMONSES

IN FAIRFIELD, Tuesday at 9:26 p.m., Crystal Pooler, 28, of Waterville, was summoned and charged with operating while license suspended or revoked and violation of condition of release.

Pedestrian struck, seriously injured in Portland parking lot

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A person was struck in the Pratt Abbott parking lot on Forest Avenue and seriously injured Wednesday afternoon, according to the Portland police and fire departments.

The crash took place about 3:30 p.m. Wednesday, said Assistant Fire Chief Keith Gautreau. Emergency responders from the city of Portland transported the injured person to the hospital shortly before 4 p.m., Gautreau said.

Portland police spokesman Lt. Robert Martin said the crash occurred in the parking lot of the dry cleaning business.

Neither Gautreau nor Martin would immediately indicate the age or gender of the person who was struck and attempts to get more details about how the crash took place were unsuccessful late Wednesday evening.

As of Nov. 20, a total of 20 pedestrians had been hit and killed this year after being struck by a motor vehicle, according to the Maine Department of Transportation. The state says that number is the highest in more than 10 years.

Two bicyclists have also been killed this year, according to the Bicycle Coalition of Maine.

Kennebec Journal Dec. 13 police log

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AUGUSTA

Tuesday at 11:10 a.m., a disturbance was reported on Water Street.

12:02 p.m., a mental health and well-being check was performed on North Street.

12:53 p.m., harassment was reported on Windsor Avenue.

1:04 p.m., a mental health and well-being check was performed on Winthrop Street.

2:00 p.m., suspicious activity was reported on West River Road.

2:57 p.m., a traffic hazard was reported on Memorial Bridge Road.

4:10 p.m., a 32-year-old Mount Vernon man was issued a summons on a charge of failure to register a vehicle, after a traffic stop was performed on Whisky Way.

4:14 p.m., a city ordinance violation was reported on Washington Street.

5:19 p.m., a traffic hazard was reported on Western Avenue.

6:12 p.m., theft was reported on Boothby Street.

6:45 p.m., criminal trespass was reported on Water Street.

6:51 p.m., a mental health and well-being check was performed on State and Weston streets.

7:21 p.m., a hit-and-run traffic accident was reported on Smith Street.

8:21 p.m., a traffic hazard was reported on Dalton Road.

9:28 p.m., suspicious activity was reported on Green Street.

9:41 p.m., a mental health and well-being check was performed on Medical Center Parkway.

9:59 p.m., suspicious activity was reported on Eastern Avenue.

10:41 p.m., a disturbance was reported on Drew Street.

11:36 p.m., suspicious activity was reported on Water Street.

Wednesday at 2:31 a.m., criminal trespass was reported on Western Avenue.

3:32 a.m., a disturbance was reported on State Street.

3:37 a.m., a mental health and well-being check was performed on Gage Street.

6:55 a.m., a disturbance was reported on Western Avenue.

GARDINER

Wednesday at 7:42 a.m., a drug offense was reported on West Hill Road.

HALLOWELL

Tuesday at 7:30 a.m., a city ordinance violation was reported on Second Street.

4:43 p.m., a traffic hazard was reported on Second and Grove streets.

6:32 p.m., a traffic hazard was reported on Page Street.

MONMOUTH

Tuesday at 9:55 a.m., suspicious activity was reported on Warren Road.

10:38 p.m., suspicious activity was reported on Waugan Road.

ARRESTS

GARDINER

Tuesday at 1:17 a.m., Robert Eric French, 46, listed as transient, was arrested on a charge of violating conditions of release, following an investigation on Bridge Street.

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