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Killer who was arrested after massive manhunt appeals his conviction

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A convicted killer who led police on the longest manhunt in state history says he did not get a fair trial for the shooting death of his former girlfriend.

A jury found Robert Burton guilty last year of murdering 37-year-old Stephanie Gebo in 2015 inside her home in Parkman, a small town in Piscataquis County, roughly 20 miles north of Skowhegan. He was later sentenced to 55 years in prison. He has appealed his conviction to the Maine Supreme Judicial Court, arguing the trial court erred in ways that might have prejudiced the jury against him.

During oral arguments Wednesday at the Cumberland County Courthouse, Burton’s attorney Jeremy Pratt said the defense was not allowed to pose certain questions to potential jurors that would have sussed out their biases against Burton. He also argued the court wrongly allowed information about Burton’s prior convictions for burglary and theft to be presented at trial.

“From a defense standpoint, I want a fair jury,” Pratt said. “I want an impartial jury, and I want the best possible jurors.”

The state argued that it did exclude some of Burton’s prior convictions from the trial because they were too similar to the case at hand – a conviction for criminal threatening with a dangerous weapon, for example. Prosecutors also said the defense had ample opportunity to shape the jury.

“There’s no evidence that any of the jurors that sat this case were in any way partial or not fair,” Assistant Attorney General Donald Macomber said.

Burton, 41, was not present for the oral arguments.

The night she died, Gebo was sleeping with a gun under her pillow because she feared what her jealous ex-boyfriend might do. Burton climbed through her bedroom window, armed with a knife and black duct tape. Gebo pulled the gun from under her pillow and shot him.

Bleeding from the neck and shoulder, Burton took the gun and turned it on her, shooting her from behind. He left her for dead with three bullet wounds in her back and went on the run. He had a prior domestic violence conviction that sent him to prison for a decade, and his probation for that crime had ended the day before Gebo’s murder.

Burton finally turned himself in to police 68 days later. The trial was moved from Dover-Foxcroft in Piscataquis County to Bangor in Penobscot County because of concerns about the publicity the case had already received. Burton argued that he was acting in self-defense and didn’t mean to kill his ex-girlfriend. Now 41, Burton would be in his 80s when he is eligible to be released for prison “good time.”

On Wednesday, the justices appeared to focus less on the argument about Burton’s prior convictions.

“We do not want jurors assuming that because there has been a prior crime committed, the crime charged here was definitely committed,” Chief Justice Leigh Saufley said to Burton’s attorney. “But we do want to give information about the individual’s moral compass. Will this person lie? Is this person credible?”

They spent more time asking about the process of jury selection, discussing how and when to question the jurors. Burton’s defense team had submitted questions that were later not included on the questionnaire, including one about whether a potential juror believes a person is likely guilty if he or she has been arrested for a crime. The attorneys also wanted jurors to be able to answer “unsure” to questions, instead of a simple “yes” or “no,” but that request was denied.

The justices on Wednesday posed questions to both sides about the difference between a written questionnaire and direct questioning of potential jurors, and how to assemble the best jury as efficiently as possible.

Pratt said he believes more questions during examination lead to a fairer jury. Macomber said defense attorneys have gained opportunities over time to shape juries, and the state should avoid extending the selection process for days or even weeks.

“Until a few years ago, most of us had a common understanding that there were shared beliefs free of racism, misogyny and hate-based systems,” Justice Ellen Gorman said to the assistant attorney general. “That does not appear to be true in the country anymore. So shouldn’t we allow defense counsel to ask more questions than they ever have before to find out what is actually going on?”

“Well, maybe,” Macomber said. “As long as it’s designed to be sure that the person’s fair and impartial. And that is exactly what is going on.”

It is not clear when the court will issue an opinion on the appeal.

Megan Doyle can be contacted at 791-6327 or at:

mdoyle@pressherald.com

Twitter: megan_e_doyle


Aroostook County man appeals 2 life sentences for double murders, rampage

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An Aroostook County man is appealing his sentence for a violent rampage in northern Maine during which he killed two people and shot three others.

Anthony Lord pleaded guilty last year two counts of murder, two counts of attempted murder, multiple counts of aggravated assault, reckless conduct with a dangerous weapon, theft of firearms and eluding an officer. A charge of kidnapping was dismissed.

A judge gave Lord two life sentences, the maximum for the two counts of murder. In Maine, there’s no possibility of parole.

Lord has appealed that sentence. During oral arguments Wednesday in the Cumberland County Courthouse in Portland, his attorney, Andrea Manthorn, argued that punishment was too severe.

Chief Justice Leigh Saufley said Lord had “serious challenges” to his appeal.

“You have a client who admitted to going on a rampage in which he killed two people, injured many others and really destroyed a number of communities,” Saufley said. “He has admitted that in a plea in which the court did a very good job in showing that he knew what he was doing. … Our job now is to make sure that even on these horrific facts, the court does the right thing when parsing out sentencing.”

Lord, who was not present for the oral arguments, lived in Crystal in Aroostook County. The string of crimes began in July 2015 when Lord set fire to Kim and Richard Irish’s barn in Benedicta. Their daughter, Brittany Irish, had recently reported to police that Lord had kidnapped and raped her. When police responded to the barn fire, Brittany Irish said she begged them to protect her from the convicted sex offender, but they said they didn’t have the manpower.

The next morning, Lord stole firearms from a Silver Ridge Township home and beat up a man after tying him to a chair. He then went to the Irish home in Benedicta. He shot and killed Brittany Irish’s boyfriend, 22-year-old Kyle Hewitt, and wounded her mother. When the young woman tried to escape in a passing pickup truck, Lord shot and wounded the driver. He then drove her to a woodlot in Lee. He fired at two employees there, killing 58-year-old Kevin Tozier. Later that day, he gave himself up to police at his uncle’s house in Houlton.

Brittany Irish and her mother filed a federal lawsuit last year saying police failed to protect them from Lord. That case is pending.

Megan Doyle can be contacted at 791-6327 or at:

mdoyle@pressherald.com

Twitter: megan_e_doyle

Kennebec Journal Sept. 13 police log

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IN AUGUSTA, Wednesday at 6:29 a.m., a mental health and well-being check was done on Northern Avenue.

7:53 a.m., suspicious activity was reported on Eastern Avenue.

10:32 a.m., criminal mischief was reported on Washington Street.

11:18 a.m., theft was reported on Cummings Avenue.

12:19 p.m., suspicious activity was reported on Greenlief Street.

12:39 p.m., littering was reported on Mount Vernon Avenue.

12:45 p.m., an animal well-being check was done on Bridge Street.

12:56 p.m., simple assault was reported on Piggery Road.

1:13 p.m., a mental health and well-being check was done on Stone Street.

1:58 p.m., suspicious activity was reported on Davis Street.

4:02 p.m., a mental health and well-being check was done on Northern Avenue.

4:49 p.m., theft was reported on Granite Street.

4:53 p.m., criminal mischief was reported on Water Street.

4:58 p.m., an unattended death was reported on Sparrow Drive.

5 p.m., a mental health and well-being check was done on Water Street.

5:57 p.m., disorderly conduct was reported on Crossing Way and Western Avenue.

6:02 p.m., a disturbance was reported on Patterson Street.

8:56 p.m., a mental health and well-being check was done on Chapel Street.

9:31 p.m., suspicious activity was reported on State Street.

9:35 p.m., a mental health and well-being check was done on Summer Street.

9:43 p.m., suspicious activity was reported on State Street.

10:27 p.m., a mental health and well-being check was done on Summer Street.

Thursday at 1:16 a.m., a mental health and well-being check was done on Pinehurst Street.

3:53 a.m., a well-being check was done on Northern Avenue.

IN CHELSEA, Wednesday at 12:44 p.m., assault was reported on Windsor Road.

IN GARDINER, Wednesday at 7:03 p.m., suspicious activity was reported on Elm Street.

IN MONMOUTH, Wednesday at 11:05 a.m., suspicious activity was reported on Annabessacook Road.

IN WINTHROP, Wednesday at 9:02 p.m., a suspicious person was reported on U.S. Route 202.

ARRESTS

IN AUGUSTA, Wednesday at 10:21 a.m., Amanda McCarthy, 32, of Sidney, was arrested on a warrant, on Winthrop Street.

8:41 p.m., Stephen A. Wright, 37, of Augusta, was arrested on a probation hold and a charge of operating after a habitual offender revocation, after someone complained about traffic on Franklin Street and Northern Avenue.

9:44 p.m., Christopher Ellis Williams, 27, of Augusta, was arrested on charges of burglary and theft by unauthorized taking or transfer (less than $500), after a past burglary was reported on Cross Hill Road.

SUMMONS

IN AUGUSTA, Wednesday at 10 a.m., Jessica Slade Coro, 41, of Randolph, was issued a summons on a charge of theft by unauthorized taking or transfer (less than $500), after theft was reported on Civic Center Drive.

Madison man charged in fatal Winslow crash

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A Madison man is facing charges in connection with the death of a Waterville man, which occurred while the two were drag racing on Augusta Road in Winslow last month, police said.

Nicholas Smith, 36, of Madison, was arrested Wednesday at a friend’s home in Madison on charges of class B causing death while license was suspended and class D false report.

The crash Aug. 12 killed Gabriel Stuart, 52, after his Chevrolet Impala went off the road and hit trees. A 29-year-old woman and an infant in the car suffered injuries that were not life-threatening.

Winslow police Chief Shawn O’Leary said the two men were friends and were drag racing on Augusta Road when the crash occurred around 12:30 a.m. Alcohol and road rage were not factors.

O’Leary would not say exactly how fast the men were driving, but said the speed was “very excessive” when Stuart crashed.

Smith was driving another vehicle at the time of the crash. He told police a third vehicle was involved and had pushed Stuart off the road, though that report turned out to be false.

Stuart, a newspaper carrier for the Morning Sentinel, was pronounced dead at the scene.

Rescue workers were able to extract the woman and infant from the car, and they were taken to Thayer Center for Health in Waterville.

Smith is being held at the Kennebec County jail in lieu of $5,000 cash bail and is scheduled to appear in court Dec. 10.

Rachel Ohm — 612-2368

rohm@centralmaine.com

Twitter: @rachel_ohm

Deputy says man in green shirt fired at him in Belgrade

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AUGUSTA — A defense attorney pressed the Kennebec County Sheriff’s Office sergeant on the color of the T-shirt worn by the man firing a gun at him.

Sgt. Jacob Pierce, who fatally shot Roger Bubar, 65, and wounded his son Scott in a standoff 15 months ago in Belgrade, testified Thursday that he saw a man in a green shirt with short cropped hair when the muzzle flashed at him.

Scott Bubar, 41, of Brunswick, was in the second day of his trial at the Capital Judicial Center on a charge of attempting to murder Pierce as well as a charge of reckless conduct with a firearm. Scott Bubar’s blood was found on a green T-shirt recovered from that scene, and Bubar still sports a crew-cut style haircut.

Pierce testified that when he knocked on the front door of the trailer at 1003 Oakland Road, he heard male voices, and one of them said, “I will f…ing shoot you. I have a shotgun.”

Pierce read his statement aloud from a transcript of an interview he had with an investigator from the Office of the Maine Attorney General early on the morning after the shooting.

Pierce said he and a second deputy retreated across the road after hearing a shotgun being “racked,” or loaded.

Pierce also testified that afterward, an older man with long hair, wearing a red shirt and carrying a shotgun or a long rifle, came out on the trailer’s front porch and threatened him.

“I was yelling at him to come out with his hands up, drop the weapon,” Pierce said.

In response, he got vulgarities: “I will f…ing kill you. Get off my property.”

Pierce told Assistant District Attorney Alisa Ross that the firearm wasn’t pointed at him.

“He was just standing there, yelling at me,” Pierce said.

The defense maintains that Roger Bubar did all the shooting that night, not his son. In an opening statement, defense attorney Lisa Whittier says none of Scott Bubar’s DNA was found on the pistol or the shotgun recovered from the trailer.

Roger Bubar’s neighbors testified Monday about hearing bursts of gunfire the night of May 19, 2017, around the Oakland Road home.

Several of them called 911 that night to report a domestic disturbance about 9:30 a.m. involving a father and son and hearing squealing tires, yelling voices and a shot fired.

Pierce, one of several officers who went to the scene, testified to hearing two muffled shots, apparently from inside the trailer, after he and another officer took cover across the street.

He returned fire, he said, after the hearing the sound of breaking glass followed by a third, louder shot that appeared to be aimed at his location.

“I saw a muzzle flash,” he said. “It was orange-red circular color — probably combustion from the gunpowder as the round exited from whatever weapon was used.”

Pierce said when he initially tried to fire, he realized the safety was on and had to turn it off.

“I fired what I believed to be three to five rounds pointed exactly where the muzzle flash was,” he testified, saying he saw in that flash “an adult white male wearing green T-shirt with a high and tight crew cut — very short hair.”

That was followed by second exchange of gunfire.

“I heard more glass breaking, another muzzle shot, saw a gun flash and projectiles going over my head,” Pierce said.

He said he checked to make sure no officers were hurt, and that he could hear groaning from inside the trailer.

The Augusta emergency dispatch center radioed to say a woman had called to say she was bedridden in the trailer of the living room.

“My heart sank,” Pierce said. “I didn’t know if I had hit her or if she was harmed in any way.”

The Maine attorney general’s office, which investigates all uses of deadly force by law enforcement officers, issued a report to Kennebec County Sheriff Ken Mason in June 2018 clearing Pierce in the use of deadly force.

The report says that after in the second muzzle flash, “Sgt. Pierce saw a person in a green shirt in the window.” A footnote says, “Later investigation determined that the only person in the residence wearing a green shirt was Scott Bubar.”

The last witness on Thursday, Maine State Trooper David Powser, a member of the crisis negotiation team, testified about a one-hour-and-50-minute recorded phone call he had that night with the woman, Jenny Shorey.

About 20 minutes of the audio was played in the court. On it, Shorey repeatedly yells “Roger” and asks the trooper numerous times to identify himself.

Powser tries to get her to tell Scott Bubar to come out the door with nothing in his hands because an ambulance was waiting for him.

Shorey hollers, “Scott, they need you to go out the door.”

But she says Scott Bubar is bleeding and refuses. Finally the phone disconnects.

Bubar, who is being held at the Kennebec County jail, wearing a suit jacket and tie in court along with shackles, took some notes as his attorneys questioned the various witnesses.

Dr. Mark Flomenbaum, the state’s chief medical examiner, testified Thursday afternoon about the autopsy he performed on Roger Bubar’s body on May 21, 2017.

He identified photos showing three areas where the 5-foot, 110-pound Bubar was shot, as well as the bloodied red T-shirt that two of the bullets had pierced.

Bubar was shot just below the knee, in the abdomen and in the upper arm. The bullet in the arm traveled up and into the neck, hitting the spinal cord, Flomenbaum said.

One photo showed Roger Bubar’s body lying on the carpeted hallway of the trailer atop what appeared to be the long barrel of a gun. The body mostly was covered by a pink blanket.

Flomenbaum said a toxicology report shows Bubar’s blood alcohol content at 0.163, or double the legal limit for drivers age 21 and over in Maine. It also contained clonazepam (used to treat seizure and panic disorders), cocaine, morphine, ritalin or byproducts, and THC, the active ingredient in marijuana.

He said that combination “indicates significant impairment of perhaps judgment and volitional activity.”

“There’s a lot of stuff there,” Flomenbaum added.

The jury-waived trial in front of Justice Michaela Murphy is scheduled to resume at 8:30 a.m. Friday and is expected to run through next week.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Morning Sentinel Sept. 13 police log

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IN ANSON, Wednesday at 12:36 p.m., a domestic disturbance was reported on Embden Pond Road.

IN BINGHAM, Wednesday at 5:13 p.m., mischief was reported on Baker Street.

IN CAMBRIDGE, Wednesday at 4:17 p.m., a report of disturbance led to an arrest on Leavitt Road.

IN CANAAN, Wednesday at 9:57 a.m., theft was reported on Browns Corner Road.

IN CARTHAGE, Wednesday at 6:52 p.m., harassment was reported on Carthage Road.

IN CHESTERVILLE, Wednesday at 11:32 a.m., suspicious activity was reported at Valley Road and Zions Hill Road.

IN CLINTON, Wednesday at 8:10 a.m., theft was reported on Long Avenue.

4:12 p.m., suspicious activity was reported on Battle Ridge Road.

5:02 p.m., an unwanted person was reported on Hinckley Road.

IN FAIRFIELD, Wednesday at 11:16 a.m., suspicious activity was reported on Center Road.

1:20 p.m., suspicious activity was reported on Skowhegan Road.

3:10 p.m., a scam was reported on Maple Street.

4:38 p.m., a scam was reported on Gibson Street.

7:33 p.m., suspicious activity was reported on Kingman Road.

IN FARMINGTON, Wednesday at 9:30 a.m., a disturbance was reported on Seamon Road.

IN HARTLAND, Wednesday at 11:42 a.m., suspicious activity was reported on Commercial Street.

IN JAY, Wednesday at 1:07 p.m., juvenile offenses were reported on Community Drive.

6:20 p.m., theft or fraud was reported on Main Street.

IN MADISON, Wednesday at 7:39 a.m., suspicious activity was reported on Old Point Avenue.

1:06 p.m., trespassing was reported on Glendale Street.

4:47 p.m., a report of shoplifting led to an arrest on Main Street.

IN OAKLAND, Wednesday at 12:46 p.m., criminal mischief was reported on Summer Street.

8:31 p.m., disturbance was reported on Oak Street.

IN PITTSFIELD, Wednesday at 8:30 a.m., disturbance was reported on Somerset Avenue.

8:41 a.m., a structure fire was reported on Leighton Street.

11:22 a.m., a complaint about shots being fired was made on Grant Road.

8:12 p.m., disturbance was reported on Livingston Street.

IN RANGELEY, Wednesday at 7:55 p.m., suspicious activity was reported on Main Street and Stratton Road.

IN SALEM TOWNSHIP, Wednesday at 3:31 p.m., trespassing was reported on Salem Road.

IN SKOWHEGAN, Wednesday at 9:16 a.m., a report of violation of bail or protection order led to an arrest on Court Street.

11:02 a.m., a report of violation of bail or protection order led to an arrest on West Front Street.

3:48 p.m., theft was reported on Pine Street.

7:09 p.m., trespassing was reported on Water Street.

8:40 p.m., suspicious activity was reported on Oak Pond Road.

Thursday at 12:30 a.m., suspicious activity was reported on Madison Avenue.

4:41 a.m., suspicious activity was reported on Waterville Road.

IN WATERVILLE, Wednesday at 11:56 a.m., suspicious activity was reported on Sherwin Street.

12:31 p.m., suspicious activity was reported on Morgan Street.

12:50 p.m., an unwanted person was reported on Colby Street.

12:59 p.m., suspicious activity was reported in The Concourse.

1:26 p.m., suspicious activity was reported on College Avenue.

2:08 p.m., noise was reported on Summer Street.

2:15 p.m., suspicious activity was reported on Grove Street.

2:29 p.m., theft was reported on Silver Street.

3:12 p.m., a report of shoplifting led to an arrest on Waterville Commons Drive.

3:46 p.m., suspicious activity was reported on Elm Street.

4:10 p.m., disturbance was reported on College Avenue.

4:29 p.m., a drug offense was reported on Sanger Avenue.

4:32 p.m., threatening was reported on Main Street.

6:12 p.m., an unwanted person was reported on High Street.

8:13 p.m., a report of suspicious activity led to an arrest in Elm Plaza.

8:23 p.m., theft was reported on Main Street.

10:12 p.m., harassment was reported in The Concourse.

Thursday at 12:15 a.m., suspicious activity was reported on College Avenue.

12:50 a.m., a traffic stop led to an arrest on Main Street.

IN WINSLOW, Wednesday at 12:57 p.m., an arrest was made on Benton Avenue.

1:58 p.m., a domestic dispute was reported on Bellevue Street.

6:20 p.m., a traffic stop led to an arrest on Halifax Street.

7:54 p.m., suspicious activity was reported on Halifax Street.

ARRESTS

IN FRANKLIN COUNTY, Wednesday at 12:25 p.m., Jeffrey Scott Lane, 44, of Farmington, was arrested on charges of operating while license suspended or revoked, display of fictitious sticker and violating condition of release.

11:50 p.m., John Leo Oberton, 26, of Wilton, was arrested on charges of violating condition of release, operating while license suspended or revoked with three prior convictions, and unlawful possession of scheduled drugs.

IN SOMERSET COUNTY, Wednesday at 11:10 a.m., Jelinda Elaine Cleggett, 51, of Worthington, Massachusetts, was arrested on a charge of violating condition of release.

12:38 p.m., Damian A. Brooks, 27, of Cambridge, was arrested on a warrant for unpaid fines and fees.

2:01 p.m., Lina Torres-Engelhardt, 36, of Skowhegan, was arrested on a charge of violation of protective order.

2:57 p.m., Brian Eric Morin, 23, of North Anson, was arrested on charges of domestic violence assault, disorderly conduct and criminal mischief.

5:32 p.m., John Andrew-Michael Berkes, 26, of Bartlett, Tennessee, was arrested on a charge of operating under the influence.

7:27 p.m., Rachael Raye Murray, 34, of Cambridge, was arrested on a charge of violating condition of release.

Lawyer says man accused of threatening to ‘shoot up’ college is not a threat

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BOWDOINHAM — The attorney for a Bowdoinham man accused of threatening to “shoot up” Central Maine Community College in Auburn says his client is not a threat.

Darren Lilly, 23, who is charged with terrorizing with a dangerous weapon, a class C felony punishable by up to 5 years in prison and a $5,000 fine, made his first court appearance Tuesday.

Lilly was arrested Aug. 13 after police said they received reports that he had threatened to “shoot up” the college and that he had numerous firearms, according to a statement from the Sagadahoc County Sheriff ‘s Department at the time.

Police say they seized a mix of handguns, rifles and shotguns — including a sawed-off shotgun and a weapon inside a musical instrument case — belonging to Lilly.

Police said Lilly was cooperative during his arrest.

Shortly after his arrest, Lilly was released on $1,000 unsecured bond, meaning he had to pay the amount only if he didn’t show up in court. The only money he had to pay for release was a $60 bail commissioner fee.

A judge Tuesday raised Lilly’s bail to $500, which Lilly later paid, and he was released.

As a condition of his bail, Lilly is not allowed to possess firearms, nor is he allowed in Auburn. The agreement allows for more supervision until his next court date, something that often accompanies similar felony charges.

Central Maine Community College’s president and the local sheriff both had raised concerns, after his initial release, regarding the bail amount.

“I would say the bail as it was set is very uncommon,” Assistant District Attorney Alexander Willette said on Wednesday. “The allegation was pretty concerning. We have to ensure the community is safe.”

Willette said pre-trial agreements typically include a required daily phone call or routine checks to make sure the accused is following bail conditions.

Lilly’s attorney said he understands the concern but also said his client is not a threat.

“I understand why the judge wanted to address these issues,” said Verne E. Paradie, who represents Lilly, on Wednesday. “But the bail commissioner determined he is not a threat. My client is a very nice young man. He works a full-time job.”

Lilly has no criminal history, a factor considered when determining bail.

He was accepted as a student at Central Maine Community College last fall.

Paradie on Wednesday said his client was a responsible gun owner and questioned the motive of those who reported the alleged threat.

“These are some people he knows who have an ax to grind,” Paradie said. “It’s a comment he allegedly made to these people. That’s what this case is right now.”

The nature of the alleged threats and fact that Lilly was released soon after his arrest prompted the community college to take precautions. President Scott Knapp said the Auburn Police Department was providing an additional police presence at the college’s expense after Lilly’s release.

Willette said the adjusted bail and pre-trial check-ins will help ensure the community college and greater community is safe.

Paradie said he understands the alleged threats are serious, but he was relieved that the new bail was attainable for his client, who already had been released once.

Lilly did not enter a plea Tuesday. His next hearing is set for Nov. 7. A deal could be reached at that time, when prosecutors present their case against Lilly.

Owner of cow killed in Embden, alleged shooter both charged

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Both the owner of a pet cow shot and killed in Embden last week and the alleged shooter have been summonsed on charges in connection with the animal’s death, police said.

Jaime Danforth, 40, of Embden, was summonsed Wednesday for animal trespass, a civil violation, Somerset County Sheriff Dale Lancaster said in a news release.

Mason Sparrow, 24, of Embden, was summonsed for cruelty to animals.

Sparrow allegedly shot and killed Sophie, a 3-year-old Holstein heifer, after the cow escaped from its pen and wandered onto neighboring property where Sparrow has been staying and damaged an SUV.

The sheriff’s office investigated the case and consulted with the state director of animal welfare and the Somerset County District Attorney’s Office before filing the charges, Lancaster said.

“Sheriff Lancaster would like to advise everyone that owners are responsible for maintaining control of their domestic animals,” the release said. “The law is also clear that you cannot kill a domestic animal belonging to another person without their consent. If a domestic animal is trespassing on your property, you do have recourse.”

Lancaster said Sparrow did not contact animal control until after the cow had been shot, though he said contacting animal control should be the first step in dealing with animal complaints.

“If you do not reach a satisfactory resolution, you may contact the Town Office, who is responsible for hiring that animal control officer,” Lancaster said. “If a domestic animal does damage to your property, recourse occurs through the civil court system.”

Pat Nelson, animal control officer in Embden, did not respond immediately to a phone call seeking comment Thursday night.

Neither Danforth nor Sparrow could be reached.

Amber Richardson, Danforth’s niece, said last week the family had been hoping Sparrow would be charged for the loss of their pet, as they thought it was unfair to shoot the cow without notifying the family it had gotten loose.

She said her two teenage cousins were home alone when they found out from law enforcement officials their cow had been shot.

“All they had to do was come down and say, ‘Sophie is out,’ and the girls would have gotten the grain bucket,” Richardson said. “Once you go and jingle it, she would have gone home. He didn’t even notify them Sophie was out. He killed her, then called the animal control officer and sheriff. She was already dead when they reported it.”

Danforth is scheduled to appear in court Nov. 14 at the Somerset County Unified Court. Sparrow is scheduled for Nov. 7 at the same court.

Rachel Ohm — 612-2368

rohm@centralmaine.com

Twitter: @rachel_ohm


Skowhegan police officer pleads not guilty to domestic violence assault

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SKOWHEGAN — A lawyer representing Detective Sgt. Don E. Avery, of the Skowhegan Police Department, entered a not guilty plea by mail this week to a single count of domestic violence assault.

Avery, 36, was arrested Sept. 6 and booked at the Somerset County Jail. He later was released on personal recognizance bail, which is a written promise signed by the defendant to show up for future court appearances and not engage in illegal activity while on release.

According to court documents in Skowhegan, Avery, who now lives in North Anson, is charged with intentionally, knowingly or recklessly causing bodily injury or offensive physical contact to his ex-wife in June this year in Madison.

An investigator with the attorney general’s office conducted several interviews, as did an official with the Maine State Police.

Friends and family members told investigators that physical and verbal abuse had been ongoing. The case file is many pages long.

Avery’s ex-wife, whose identity the Morning Sentinel is not publishing because she is the victim of alleged domestic violence, told investigators that she had been assaulted in February, March and April 2017 and finally on or about Father’s Day this year, when a family member reported seeing Avery push the woman to the floor, where she was punched with a closed fist, according to the court documents.

She was crying and bleeding from the head, according to the document.

Initial arguments between Avery and his ex-wife appear to have culminated with a separation in 2016 and later with disagreements over financial issues, in which the woman allegedly called Avery a “deadbeat dad.” Disagreements appeared to have escalated to a point that each party had obtained a protection order against the other.

The couple divorced in January.

Avery’s attorney, John Richardson, of the law firm Moncure and Barnicle, of Topsham, said in an email, “This case stems from a contentious divorce which (more than a year ago) included false claims of domestic violence that were dismissed at the time of the final divorce hearing. Police Officers are easy targets for these types of charges and for some unknown reason these claims have surfaced again.”

The woman said she did not report the alleged initial assaults because she was scared and feared that police investigators would take his side of the story.

Skowhegan police Chief David Bucknam said no one is above the law and that investigators would not take sides on such a case.

“As your police chief, I would like to stress that this agency is committed to transparency and I look forward to discussing this unfortunate incident more fully in the near future when the court system deems it appropriate,” Bucknam said in a statement Sept. 6. “Until that occurs, I want the residents to know that everyone in Skowhegan is accountable under the law. As unfortunate and sad as this incident is to me, let me be clear: No one in Skowhegan is above the law. Period.”

Avery has been placed on unpaid administrative leave pending the outcome of the internal affairs investigation, which is standard procedure when such incidents arise, Bucknam said.

Avery was hired in March 2016. His current annual salary is $51,667, according to Bucknam.

Maeghan Maloney, district attorney for Kennebebc and Somerset counties, said the charge against Avery is a misdemeanor, a class D offense, punishable by up to one year in the county jail and a $2,000 fine.

A domestic violence assault conviction also carries an additional lifetime prohibition of gun ownership and completion of a certified batterers’ intervention program, Maloney said.

A dispositional hearing on the charge against Avery is scheduled for Nov. 28, with a tentative trial date scheduled for Feb. 4, 2019, in Skowhegan.

Doug Harlow — 612-2367

dharlow@centralmaine.com

Twitter:@Doug_Harlow

Oregon man won’t serve prison time for assaulting boys in Maine

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BANGOR – An Oregon man won’t have to serve any time in prison for sexually assaulting two boys under age 14 in the 1980s in Maine.

Sixty-nine-year-old Richard A. Bailey of West Lake, Oregon, pleaded no contest Wednesday under an agreement in which he’ll serve 18 years of probation.

The Bangor Daily News reports Superior Court Justice William Anderson declared the plea agreement to be “unsatisfactory” but ultimately accepted it.

Bailey, who was charged in April 2017 in Maine, said he accepted the plea deal because of ill health. The newspaper reported that one of the victims sobbed quietly as Bailey said “no contest” 40 times.

A prosecutor told the judge that neither victim – one of whom is serving a 45-year sentence for murder – wanted to testify at a trial.

Rumford man pleads guilty to Social Security fraud

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A Rumford man pleaded guilty in U.S. District Court Thursday to Social Security fraud and theft of public money, according to the U.S. Attorney’s Office.

Raymond J. Brenneis, 59, faces up to five years in prison, a $250,000 fine and up to three years of supervised release.

U.S. Attorney Halsey B. Frank said in news release that Brenneis had been receiving Supplemental Security Income since 1995 – a benefit for people who are blind, disabled or elderly.

Between 2015-2017, Brenneis also received Supplemental Nutrition Assistance and state SSI benefits. He told state and federal administrators that he was living alone and not receiving help or assistance from any other person, which allowed him to receive those benefits.

“In fact, from 2011 to 2017, Brenneis lived with his wife whose receipt of Social Security Disability Insurance benefits rendered him ineligible for benefits he received,” Frank said. “Brenneis told investigators that he concealed his actual living arrangements because he knew his wife’s benefits would make him ineligible to receive the benefits.”

Brenneis will be sentenced after a presentence investigation report is completed by the U.S. Probate Office.

The investigation was conducted by the Social Security Administration Office of the Inspector General and the Maine Department of Health and Human Service’s Fraud Investigation and Recovery Unit.

Some Mainers report having fake unemployment claims filed in their names

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In identity theft cases apparently connected to last year’s massive Equifax data breach, some Mainers are reporting that fake unemployment claims are being filed in their name, even though they remain employed and never made a claim.

“I’ve been employed at my company for 36 years, and I know everyone,” said Matt Masse of East Vassalboro, who learned his identity was used to file a fake claim. “The HR (Human Relations) lady called me and she was laughing and said you’re not unemployed, are you?”

Masse said another employee at the same company also had a fake claim filed in his name the same week. When Masse called the state unemployment fraud line, a phone representative walked him through the process of contesting the claim – and said they’d had other, similar, claims.

“I told her I need to know whether someone really got ahold of my identity,” Masse said. “I was interviewing her and she got to the breaking point and she said ‘we’ve had thousands of these since our new computer system went in in December.’ ”

In an email, department officials denied seeing an increase in fake claims.

“We are not seeing an abnormal volume of unemployment fraud,” read a statement from spokeswoman Laura Hudson. “Nor would our fraud staff link any potential fraud activity to a particular breach because we have no way of knowing where personally identifiable information originated in these instances. We encourage anyone who believes that their identity is being misused to report it immediately.”

The human resources director at MaineToday Media, which had two employees’ identities used in fake claims, said a state worker told him the claims were tied to the Equifax hack.

“The lady I spoke to (at the Department of Labor) was very nice and helpful,” Paul Van Savage said. “She explained that this goes back to the Equifax breach – it all stems from that, and they are still getting pinged with unemployment claims.”

Unemployment claims are initiated by the person who is laid off. When that person makes a claim with the state, the department sends paperwork to the employer to verify dates of employment and other information.

What appears to have happened in these false claim cases is that hackers kept the employee and employer data, and the Social Security numbers, but changed the address and bank account data for those employees.

Other states, including Michigan and New York, have issued warnings or had news accounts of unemployment claim fraud as a result of the Equifax hack.

Van Savage said he got the first fake claim in August, and while he was filing paperwork rebutting the claim, the second fake claim landed. When he called, he learned that the department had already sent the first unemployment check to one employee – by direct deposit. The employee never received it.

State unemployment fraud department officials told Van Savage that the employee would not be held responsible for repaying the money. The department immediately froze the claims, and the employers are scheduled for phone interviews with department officials as part of the appeals process to unwind the situation.

Businesses are not immediately hurt financially by such false claims, but it can increase the cost of unemployment insurance for businesses and the state can wind up paying out on fake claims. State officials were not available to say whether they were trying to recover the money.

The Maine Department of Labor is under scrutiny this year over the rocky rollout of a new unemployment claims system. The state’s Office of Program Evaluation and Government Accountability is investigating claims outlined in an internal memo that alleged poor training and the destruction of complaints logged by users frustrated in their attempts to get jobless benefits.

Rep. Ryan Fecteau, D-Biddeford, said he had not heard from the department or constituents about fake unemployment claims tied to Equifax, but urged employers and employees affected to contact their lawmakers or members of the Legislature’s Joint Standing Committee on Labor, Commerce, Research and Economic Development.

“I remain troubled by the dysfunction we are witnessing at the Maine Department of Labor. If thousands of people have potentially had their employment information hacked, the legislative committee of oversight should have been notified and we were not,” Fecteau said Thursday.

As many as 147.9 million consumers have been affected in some way by the Equifax breach, which amounts to about half the country. The credit reporting agency said in September that hackers gained access to sensitive personal data – Social Security numbers, birth dates and home addresses – for up to 143 million Americans, then later increased the number affected as their investigation continued.

Equifax said the breach began in May and continued until it was discovered in late July. It said hackers exploited a “website application vulnerability” and obtained personal data about British and Canadian consumers as well as Americans. Social Security numbers and birth dates are particularly sensitive data, giving those who possess them the ingredients for identity fraud and other crimes.

Equifax is one of the three major clearinghouses for Americans’ credit histories.

Fake claims can be reported to the state Department of Labor through a form on their website or by calling 1-800-845-5808.

Noel K. Gallagher can be reached at 791-6387 or at:

ngallagher@pressherald.com

Twitter: noelinmaine

Escaped murderer had broken out of prison twice before, triggered manhunt

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A convicted murderer who walked away from a northern Maine prison late Thursday had escaped from incarceration twice before, including 37 years ago when he and another inmate were the subject of one of the state’s most infamous manhunts.

Arnold Nash, 65, formerly of Hancock County, was last seen around 8:20 p.m. Thursday at the minimum-security unit at Mountain View Correctional Facility in Charleston.

Maine State Police Spokesman Stephen McCausland said there had been no confirmed sighting of Nash by 5 p.m. Friday.

“He’s dangerous,” McCausland said. “He’s a career criminal and residents in the greater Charleston area need to be aware, be vigilant and take extra precaution.”

Charleston is a small town of largely farmland located 25 miles northwest of Bangor in Penobscot County.

There were no details about how Nash escaped or why he was being housed in minimum security. Maine Department of Corrections Commissioner Joseph Fitzpatrick did not respond to an email or phone message for comment, but a press release the agency sent Friday morning said Nash was scheduled to be released next December, which would be 18 years before the end of his original sentence.

Nash was convicted in 1992 of beating to death a 58-year-old man inside a cabin in North Sullivan in Hancock County in 1991. According to past stories published in the Portland Press Herald, Nash had intended to rob his victim, Wilfred Gibeault, of his veterans’ benefits. Gibeault, who lived next door to Nash at the time, was later found dead by his son and daughter-in-law. Nash wasn’t arrested until two weeks later while he was hitch-hiking on Route 1 in Bucksport.

Nash already had a lengthy criminal history prior to that murder conviction, mostly for burglaries and thefts. His earliest convictions date back to 1973, when he was 19. While serving time for a larceny, he escaped from the Maine Correctional Center in Windham. It wasn’t clear how he escaped or how long it took for him to be found that time.

Eight years later, after he had returned to prison for felony burglary, Nash escaped again, prompting one of the longest manhunts in state history, the Moody Mountain Manhunt in Searsmont in 1981.

Nash and another man, Milton Wallace of Freeport — who was in prison for raping and murdering an 8-year-old — were working on the farm at Maine State Prison in Warren when they fled. They were on the lam for 22 days before they were captured in Morrill, a Waldo County town about 30 miles north of the prison. They had been trying to get to Canada.

After Nash and Wallace escaped, they burglarized several homes. Officials found them camped out in the woods. Former game warden and Waldo County Sheriff John Ford was among more than 100 public safety officials who searched for Nash and Wallace and he wrote about it in a book released in 2012. At one point, Ford wrote that the two men held him at gunpoint. He was not hurt but a police dog named Ben was wounded by gunshot.

Their escape led to a broader discussion about the safety of outdoor prison details. The two men were part of a five-person crew that was weeding potato fields. They were supervised by one prison guard, who was unarmed.

Nash returned to prison following his capture but received just a two-year sentence. He had another burglary conviction in 1984 but was released some time in the late 1980s or early 1990s, before he killed Gibeault.

Nash pleaded guilty to charges of murder and robbery in 1992, avoiding a trial. At his sentencing, a judge admonished Nash for committing such a heinous act out of “pure greed.” As part of his plea agreement, he was sentenced to no more than 45 years in prison.

He was represented by two attorneys in that case — Patrick Larson, who is now a district court judge, and Julio DeSanctis, who died in 2011.

As of this year, Nash had served 26 years of his sentence but was due to be released next December, the Department of Corrections said. It’s not clear why he was to be released so early but inmates can get credit for good behavior. It also wasn’t clear Friday how long Nash had been at Mountain View, but it couldn’t have been more than three years. Prior to 2015, the facility was a youth correctional facility.

Nash was last seen wearing blue jeans, a white t-shirt and a light blue shirt. He is 5 feet 6 inches tall, weighs approximately 160 pounds and wears glasses.

Over the years, Nash has used several aliases. He has tattoos on both arms. On the right is the fish symbol that’s often associated with Christians and the word “Christ.” On the left is the word “Mom.”

McCausland, the state police spokesman, said game wardens, state troopers and corrections officials searched the area for Nash most of the day Friday. He said a helicopter was dispatched as well.

“We’re hoping the public will be our eyes and ears and call if they see anything that seems suspicious,” he said.

Anyone with information about Nash’s whereabouts is advised to contact Maine State Police at 973-3700.

Eric Russell can be contacted at 791-6344 or at:

erussell@pressherald.com

Twitter: PPHEricRussell

Kennebec Journal Sept. 14 police log

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IN AUGUSTA, on Thursday at 7:17 a.m., a burglar alarm sounded on Gabriel Drive. It was caused by human error.

At 7:57 a.m., a burglar alarm sounded on Civic Center Drive. It was caused by human error.

At 8:39 a.m., police investigated reported criminal trespassing on Green Street.

At 8:59 a.m., police investigated a reported assault on Union Street.

At 9:03 a.m., police conducted a follow-up investigation on Bangor Street.

At 9:10 a.m., police investigated reported criminal trespassing on Mount Vernon Avenue.

At 9:59 a.m., police conducted a follow-up investigation on Bangor Street.

At 10:19 a.m., suspicious activity was reported by a Riverside Drive caller.

At 11:16 a.m., a disturbance was reported on Civic Center Drive.

At 11:32 a.m., an agricultural animal complaint was made near Blaine Road and Stream Side Road.

At 11:35 a.m., police conducted a follow-up investigation on Bangor Street.

At 12:30 p.m., a disturbance was reported on Northern Avenue.

At 1:35 p.m., police conducted a follow-up investigation on Mount Vernon Avenue.

At 1:58 p.m., police conducted a follow-up investigation on Court Street.

At 2:10 p.m., police conducted a follow-up investigation on Civic Center Drive.

At 2:47 p.m., police conducted a follow-up investigation on Court Street.

At 3:56 p.m., police conducted a follow-up investigation near Interstate 95 and Civic Center Drive.

At 4:32 p.m., suspicious activity was reported on Xavier Loop.

At 4:35 p.m., a burglar alarm sounded on Riverside Drive. The cause is unknown.

At 4:43 p.m., police investigated a disturbance on Sewall Street.

At 5:11 p.m., police served paperwork to at least one party after harassment was reported on Penobscot Street.

At 5:17 p.m., police conducted a follow-up investigation on Glenridge Drive.

At 5:20 p.m., a burglar alarm sounded on Riverside Drive. It was caused by human error.

At 6 p.m., police recovered property on Civic Center Drive.

At 6:04 p.m., suspicious activity was reported by a Capitol Street caller.

At 7:41 p.m., police conducted an investigation around recovered property near Caswell Street and North Belfast Avenue.

At 8:05 p.m., suspicious activity was reported by a North Belfast Avenue caller.

At 8:16 p.m., police conducted a follow-up investigation on Prospect Street.

At 9:42 p.m., police recovered property on Cony Street.

At 10:07 p.m., a burglar alarm sounded on Community Drive. The cause is unknown.

At 10:10 p.m., a wild animal problem was reported on North Belfast Avenue.

At 10:20 p.m., police investigated a report of suspicious activity on Eastern Avenue.

At 11:13 p.m., a burglar alarm sounded on Davis Street. The cause was a system error.

At 11:33 p.m., police conducted a follow-up investigation on North Belfast Avenue.

On Friday at 12:35 a.m., a disturbance was reported by a Morton Place caller.

IN PITTSTON, on Thursday at 11:51 p.m., police checked on a School Street building where a door had been left open.

IN WINTHROP, on Thursday at 4:58 p.m., an animal problem was reported by a Morton Street caller.

At 6:20 p.m., an assault was reported by a High Street caller.

At 8 p.m., disorderly conduct was reported by a Union Street caller.

At 10:14 p.m., a East Winthrop Beach Lane caller reported a suspicious person.

At 10:23 p.m., a High Street caller reported a juvenile problem.

ARRESTS

IN AUGUSTA, on Thursday at 8:33 p.m., Gary Morin, 56, of Sidney, was arrested on charges of criminal trespassing, harassment, domestic violence stalking and operating under the influence after a report of suspicious activity on Fowler Street.

IN GARDINER, at 5:48 p.m., at least one person was reportedly arrested after a motor vehicle accident. The full report was not available at press time.

Morning Sentinel Sept. 14 police log

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IN ANSON, Thursday at 10:40 a.m., disorderly conduct was reported on Union Street.

IN CANAAN, Thursday at 6:08 p.m., a domestic disturbance was reported on Easy Street. State police responded.

IN CLINTON, Thursday at 3:30 p.m., a theft was reported on Long Avenue.

IN CONCORD TOWNSHIP, Friday at 6:25 a.m., a structure fire was reported on Kennebec River Road.

IN FAIRFIELD, Thursday at 7:17 a.m., suspicious activity was reported on Center Road.

1:17 p.m., threatening was reported on Green Road.

2:30 p.m., suspicious activity was reported on Lawrence Avenue.

3:15 p.m., police were called to assist another agency on Crane Drive.

11:04 p.m., a report of larceny or fraud was taken from Center Road.

Friday at 2:40, suspicious activity was reported on Skowhegan Road.

5:52 a.m., suspicious activity was reported on Ten Lots Road.

IN FARMINGTON, Thursday, a case involving theft or fraud was reported on Wilton Road.

Friday at 5:01 a.m., a disturbance was reported on Middle Street.

7:28 a.m., vandalism or criminal mischief was reported on Wilton Road.

IN KINGFIELD, Thursday at 8:25 p.m., a caller from Hinkley Pit Road reported a person was missing.

8:37 p.m., a caller from Hinkley Pit Road reported a person was missing.

IN MADISON, Thursday at 4:07 p.m., a theft was reported on Lakewood Road.

5:47 p.m., police were called to assist another agency on Clifton Street.

7:07 p.m., a harassment complaint was taken from Weston Avenue.

9:06 p.m., an intoxicated person was reported on Thomas Street.

IN NORRIDGEWOCK, Thursday at 2:36 p.m., an assault was reported on Waterville Road.

3:32 p.m., a traffic accident involving possible injuries was reported on River Road.

4:16 p.m., suspicious activity was reported on Martin Stream Road.

Friday at 6:24 a.m., a domestic disturbance was reported on Waterville Road.

IN OAKLAND, Thursday at 12:24 p.m., a case involving forgery or fraud was reported at an apartment building on Center Street.

IN PALMYRA, Thursday at 12:01 p.m., threatening was reported on Richards Road.

IN PITTSFIELD, Thursday at 1:56 p.m., a disturbance was reported on Pittsfield Street.

4:41 p.m., trespassing was reported on Lincoln Street.

9:50 p.m., police made an arrest after a report of a domestic disturbance on Main Street.

Friday at 5:38 a.m., suspicious activity was reported on Lancey Street.

IN SKOWHEGAN, Thursday at 8:09 a.m., a bad check was reportedly passed on North Avenue.

11:26 a.m., a theft was reported on Madison Avenue.

11:35 a.m., a tobacco violation was reported on Academy Circle.

12:03 p.m., trespassing was reported on Water Street.

2:47 p.m., an assault was reported on Gilblair Street.

5:10 p.m., a harassment complaint was taken from Madison Avenue.

5:33 p.m., police were called to assist another agency on Hilltop Drive.

7:13 p.m., a theft was reported on Oak Pond Road.

IN STRONG, Thursday at 4:24 p.m., fraud was reported on West Freeman Road.

IN WATERVILLE, Thursday at 7:30 a.m., harassment was reported on College Avenue.

8:59 a.m., threatening was reported at Waterville Junior High School on West River Road.

11:32 a.m., a caller from Elm Street reported an unwanted person on the premises. A man was arrested on a warrant, according to the report.

5:03 p.m., harassment was reported on College Avenue.

7:07 p.m., a drug offense was reported on Myrtle Street.

8:47 p.m., a fight was reported at the former American Legion hall on College Avenue.

11:28 p.m., noise was reported on Crestwood Drive.

IN WILTON, Thursday at 2:35 p.m., threatening was reported near Depot and Cameron streets.

8:05 p.m., an assault was reported on Stockford Avenue South.

Friday at 1 a.m., a domestic disturbance was reported on Main Street.

IN WINSLOW, Thursday at 11:21 a.m., an assault was reported at Winslow High School. A 17-year-old was arrested and charged with assault, according to the report.

ARRESTS

IN FRANKLIN COUNTY, Thursday at 12:03 a.m., Mary Jane Elizbeth Constantine, 36, of Livermore, was arrested on a warrant.

9:04 a.m., James Petiro Barbioni, 34, of East Dixfield, was arrested on four warrants.

7:21 p.m., Todd Benjamin Huff, 44, of Strong, was arrested on a warrant.

9:12 p.m., Daniel William Fitch, 36, of Jay, was arrested on a warrant and charged with violating condition of release and unlawful possession of scheduled drug.

9:42 p.m., Dino Jay Drinkwater, 49, of Wilton, was arrested and charged with disorderly conduct loud unreasonable noise.

11:08 p.m., Shawnna Sunshine Hall, 42, of New Haven, Connecticut, was arrested and charged with operating under the influence.

9:45 p.m., Mikel Herbert Abbott, 18, of New Vineyard, was arrested and charged with unlawful use of bait in artificial lure only water.

IN SOMERSET COUNTY, Thursday at 11:20 p.m., Ryan James Ragsdale, 34, of Santee, California, was arrested on a probation hold.

Friday at 3:10 a.m., Anthony Cola Newell, 28, of Fairfield, was arrested on a charge of violating conditions of release.

IN WATERVILLE, Wednesday at 8:38 p.m., Brandon J. Long, 25, of Augusta, was arrested on a warrant.

Thursday at 1:06 a.m., Catherine Kelly, 38, of Skowhegan, was arrested and charged with OUI.

4:46 p.m., Scott A. Leo, 30, of Waterville, was arrested on a warrant.

10:26 p.m., Jimmy Sanders, 32, of Waterville, was arrested and charged with refusing to submit to arrest, operating without a license, failing to provide name and fugitive from justice.

11:50 p.m., David C. Church, 30, of Farmington, was arrested and charged with operating after suspension and OUI.

IN WINSLOW, Thursday at 10:09 p.m., David Dean Oakes, 35, of Winslow, was arrested on a probation hold and charged with indecent conduct.

SUMMONSES

IN WATERVILLE, Thursday at 6:16 a.m., Ryan Joseph Slinker, 33, of Vassalboro, was summonsed and charged with failing to obtain a driver’s license.

12:34 p.m., Jessica A. Andreozzi, 40, of Waterville, was summonsed and charged with operating while license suspended or revoked and violating condition of release.

IN WINSLOW, Thursday at 1:29 p.m., Amy Lynn Meservie, 36, of Vassalboro, was summonsed and charged with false public alarm or report.

Also at 1:29 p.m., Walter L. Meservie, 31, of Vassalboro, was summonsed and charged with false public alarm or report.


Grand jury indicts Skowhegan man in armed robbery of bank

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SKOWHEGAN — A Skowhegan man has been indicted by a Somerset County grand jury on robbery and theft charges in connection with a bank holdup in January in Norridgewock.

Dustin L. Everett, 34, of Gerald’s Way in Skowhegan, is charged with class A robbery with use of a firearm and class B theft with use of a dangerous weapon for the Jan. 9 robbery of a downtown Skowhegan Savings Bank branch. The grand jury alleges that Everett threatened to use force against a bank teller and to leave with an undisclosed amount of cash.

The robbery charge carries a prison sentence of up to 30 years upon a conviction. The theft charge is punishable by up to 10 years in prison.

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

The charging officer is Cpl. David Cole, of the Somerset County Sheriff’s Office.

Police used DNA evidence to arrest Everett on Jne 28 at his home. Everett confessed to having committed the bank robbery, Sheriff Dale Lancaster said at the time.

About 12:27 p.m. Jan. 9, a team from the Somerset County Sheriff’s Office responded to a report of a bank robbery at Skowhegan Savings Bank on Main Street in Norridgewock. The ensuing investigation conducted by detectives assigned to the Sheriff’s Office Criminal Division revealed that a lone male robber had entered the bank, brandished what appeared to be a semi-automatic handgun and demanded cash from the bank tellers.

At the time of the robbery, three tellers and two customers were in the bank, but no one was harmed physically. The robber stole thousands of dollars in cash, after which he left the bank on foot, traveling south on Perkins Street in the direction of Route 8, Lancaster said.

The robber reportedly entered the bank shortly after noon wearing a red neoprene ski mask, a dark stocking cap, a dark jacket, light blue jeans and gloves. The man, holding what looked like a gun, jumped onto the counter and demanded that the bank tellers give him money.

School officials at Mill Stream Elementary School on Mercer Road, also known as U.S. Route 2, were notified of the robbery around 1 p.m. Officials put the school on lockout, which restricts anyone from coming into or leaving the school, School Administrative District 54 Superintendent Brent Colbry said at the time.

During the investigation into the bank robbery, witness statements and evidence were collected, including surveillance footage and possible clothing worn by the robber that had been discarded a short distance from the bank, Lancaster said. The clothing was submitted to the State Crime Laboratory for DNA analysis.

DNA profiles were collected from the clothing and a possible suspect was identified from a match in the Combined DNA Index System database, according to the sheriff.

The possible suspect in the case was identified as Everett.

On May 22, sheriff’s office detectives armed with a warrant conducted a search at Everett’s home and spoke with Everett about the robbery. Everett initially denied any involvement in it when interviewed, Lancaster said. A sample of Everett’s DNA was collected at that time and sent to the crime laboratory for analysis.

Crime laboratory technicians in June confirmed that Everett’s DNA matched the DNA collected on the clothing recovered near the scene of the robbery.

“The science of DNA has changed how law enforcement views and processes crime scenes,” Lancaster said in June. “We collect a lot more physical evidence, and the fact that we can compare samples against a nationwide database enhances law enforcement’s effectiveness.”

Doug Harlow — 612-2367

dharlow@centralmaine.com

Twitter:@Doug_Harlow

Scott Bubar told police he tried to wrestle the guns away from his father in Belgrade standoff

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AUGUSTA — A man on trial on a charge of attempting to murder a sheriff’s deputy told investigators he struggled mightily to get the guns away from his father the night of May 19, 2017, and hide them from him.

An audio recording of Scott Bubar’s interview by officers five days after his father was shot and killed by police, and Bubar himself was wounded, was played on Friday, the third day of Scott Bubar’s trial, at the Capital Judicial Center.

Bubar, 41, of Brunswick, who is being held at the Kennebec County jail, left the courtroom when the 59-minute interview recording started to be heard. He left during the courtroom several other times as well when other evidence was introduced.

From his hospital bed in Lewiston on May 25, 2017, Bubar tells Kennebec County Sheriff’s Office Detective John Bourque and a second officer that his father, Roger Bubar, asked if he could pick up Scott and bring him to stay for the night in Belgrade.

“I could tell something was wrong, just the way his voice was and what he was saying,” Scott Bubar said, adding that his father suffered from stress from the responsibility of caring for his longtime girlfriend, Jenny Shorey, who is bedridden and dealing with multiple sclerosis.

Scott Bubar said he drove his father’s Ford Mustang back to his father’s 1003 Oakland Road home, and that his father wanted to start drinking, so they picked up alcohol in Oakland and Belgrade.

“Then he wants to go outside and burn the tires on his car,” Bubar said.

As he speaks about the night of the exchange of gunfire with police, his voice shakes and he sounds as though he is crying. At one point, Bourque asks if he needs time to compose himself, but Bubar says no.

Scott Bubar said his father fired several shots inside the trailer, one of which went very close to him.

When police knocked on the door that night — in response to neighbors’ complaints about tire noise and shots — Roger Bubar ordered them off the property.

Scott Bubar said his father “was just screamin’ s—. ‘Get the F out of here, pigs.’ I didn’t even see no cops.”

After Roger Bubar fired another shot, police returned fire, and Roger Bubar was struck in the leg, Scott Bubar said.

Scott Bubar said he wanted to leave the trailer.

“I said I’m going out to surrender; then they shot one more round and I got hit,” Bubar said, adding that he passed out at some point.

He said he recalled going into the bathroom, taking his clothes off and getting into the tub.

“It kept feeling like there were a bunch of bullets inside me turning and burning,” he said.

Bubar, who was shot in the abdomen said he thought he was going to die.

He woke up to the sound of state police using a bullhorn to tell him to come out of the house, and he did so.

“I had to walk past my dad,” Scott Bubar told them. “I knew he was dead at that time.”

Bubar also said he feared guns and suffered from PTSD from an incident years ago: “I took a loaded gun from my parents twice when they wanted to kill themselves. I took it and buried it under the house.” Bubar said they had been sliding the loaded gun across the floor to each other, saying they wanted to kill themselves.

The prosecution introduced as evidence photos from the bathroom, including one that showed a green T-shirt balled up on the floor next to the toilet, as well as syringes and spoons on the bathroom vanity.

Bourque testified he first saw that image during a June 13, 2017, meeting with the evidence response team and the attorney general’s office, which investigates all uses of deadly force by law enforcement officers.

Bourque said he applied to the court for a search warrant and retrieved that shirt, which was still in place, and that it was taken first to the state police crime laboratory and then given back to him.

Kennebec County Sheriff’s Deputy Sgt. Jacob Pierce says he saw a man with a green T-shirt in the muzzle flash of a gun that was being fired at him that night as Pierce and another officer took cover across the street from the trailer.

Bubar’s blood was found on the green T-shirt; a blood-stained red T-shirt was removed from Roger Bubar’s body at the autopsy.

Bourque also identified dozens of shell casings, both spent and unspent, that were collected from Roger Bubar’s home almost immediately after the incident, as well as a pistol and a single-shot shotgun.

The defense maintains that Roger Bubar did all the shooting that night and say that none of Scott Bubar’s DNA was found on either firearm. DNA experts for both sides are expected to testify next week.

One of the prosecutors, Kenebec County Deputy District Attorney Paul Cavanagh, also introduced as evidence branches of an apple tree that was near Pierce that night, but he did not explain their significance in open court.

The nonjury trial before Justice Michaela Murphy is scheduled to continue Monday morning.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Augusta man sentenced for child sex assault that occurred several years ago

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AUGUSTA — A 26-year-old Augusta man was ordered to serve an initial four years behind bars for sexually assaulting a 7-year-old girl about six years ago in the city.

The remainder of the 10-year sentence for Eric Say was suspended while he spends 12 years on probation.

Say had pleaded guilty Aug. 15 at the Capital Judicial Center to one charge of unlawful sexual contact, which occurred in the period of April 2011 to May 2013.

The sentencing hearing took place Friday in the same courthouse.

A number of Say’s relatives who continue to support him attended the hearing. The victim and her family live in Florida.

“He apologized and said he was sorry for what happened,” said his attorney, Walter McKee, outside the courtroom.

In a defense sentencing memo filed with the court, McKee cited Say’s “mental health and intellectual challenges” and noted that those had been raised in several hearings about competency as well as motions to suppress.

McKee suggested that an initial nine months behind bars — which would have kept Say in the Kennebec County jail rather than prison — would have been appropriate.

“Though competent — barely — Eric faces nearly insurmountable challenges ahead especially when it comes to basic communication,” McKee said. He also wrote, “Eric has been living with the shame of what he did for over seven years now.”

The state recommended a five-year period of initial incarceration in the 10-year term, as well as the 12 years of probation.

Say was arrested on the related charges in December 2016. A charge of gross sexual assault was dismissed in exchange for the plea.

According to a court affidavit by Augusta police Detective Tori Tracy, the investigation began when Augusta police were contacted by an officer with the Palm Springs Police Department in Florida who said the girl and her father reported on Oct. 29, 2015, that the girl had been raped by Say while she was living in Augusta.

A later interview with the Child Protection Team in Palm Beach County, Florida, indicated the sexual assaults had occurred in Say’s room.

“Child sexual assault must always result in a prison sentence,” District Attorney Maeghan Maloney said via email after the sentencing. “I appreciate the careful and deliberate decision of the court on a difficult case. This was a fair outcome that will keep the community safe.”

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Norridgewock man indicted on two separate domestic violence charges

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SKOWHEGAN — A Norridgewock man with a previous domestic violence assault conviction has been indicted by a Somerset County grand jury on two separate indictments alleging domestic violence criminal conduct.

John W. Whitney III, 33, is charged in the first indictment with domestic violence criminal threatening against a family or household member, putting the person in fear of imminent bodily injury and with disorderly conduct, both on June 5 in Norridgewock.

In the second indictment, Whitney is charged with domestic violence assault against a family or household member Aug. 7 in Norridgewock and with two counts of violating conditions of release.

Whitney was convicted of domestic violence assault on Oct. 5, 2015, in Kennebec County court, according to the indictment.

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

Others indicted this week by the grand jury include:

• Matthew R. Vigue, 28, of Skowhegan, charged with unlawful trafficking of scheduled drugs, cocaine base, and with violating conditions of release, July 11 in Skowhegan. Vigue is charged in a second separate indictment with two counts of unlawful possession of scheduled drugs containing oxycodone and heroin and with violating conditions of release, July 20 in Skowhegan.

Vigue was convicted of unlawful possession of scheduled drugs in June 2011 in a Skowhegan court.

• Derek J. Long, 40, of Fairfield, charged with two counts of aggravated trafficking in scheduled drugs, cocaine base, on Dec. 4 and Dec. 18 in Fairfield. Long has a previous conviction for drug trafficking in November 2006, according to the indictment.

• Amber M. Morin, 25, of Poland, charged with trafficking in prison contraband, Suboxone, and unlawful possession of scheduled drugs, Suboxone, July 25 in Madison.

• Tyler Kenneth Dorsey, 30, of Fairfield, charged with theft, Aug. 3 in Fairfield, and with unlawful possession of scheduled drugs containing cocaine, Sept. 4, in Fairfield. Dorsey has previous convictions for theft in 2012 and drug trafficking in 2015, according to the indictment.

• Douglas R. Wyman, 37, of Canaan, charged with eluding a police officer, endangering the welfare of a child, reckless conduct, driving to endanger, operating after suspension, failure to stop for a police officer, failure to yield and violating conditions of release, all on Nov. 4, 2017, in Skowhegan.

• Tara L. Watson, 28, of Athens, charged with unlawful trafficking in scheduled drugs, cocaine, illegal possession of hypodermic apparatuses, endangering the welfare of a child and criminal forfeiture of $248, all March 29 in Athens.

• Thomas E. Roy, 37, of Anson, charged with domestic violence assault and domestic violence terrorizing, July 30 in Cornville. He was convicted previously of domestic violence assault in September 2015 in Skowhegan court.

• Melvin L. Vitko, 61, of Salem, charged with burglary, theft and criminal mischief, between June 1, 2017, and July 1, 2017, in Taunton & Rainham Township.

• Nora R. Weeks, 34, of Norridgewock, charged with burglary and aggravated assault, July 22 in Norridgewock.

• Stanley M. Martin, 27, of Hartland, charged with burglary and theft, July 23 in Canaan. Martin has previous convictions for theft by deception in March of this year in Penobscot County and theft in Piscataquis County in November 2009.

• Davon Bell, 32, of Rochester, New York, charged with two counts of aggravated trafficking in scheduled drugs, possession of drugs, both cocaine, and criminal forfeiture of $2,240, all March 30 in Skowhegan.

• Michael John Richardson, 29, of Embden, charged with operating after revocation, driving to endanger and violating conditions of release, July 15 in Embden. He has a previous OUI conviction in April of this year in a Skowhegan court.

• Stephanie Faith Drinkwater, 41, of Harmony, charged with operating after license revocation, April 9 in Palmyra. She has two previous convictions for operating after revocation, both in October 2017, according to the indictment.

• Destiny L. Alton, 37, of Monson, charged with unlawful trafficking in scheduled drugs, fentanyl, operating after suspension and violating conditions of release, all on Aug. 4 in Palmyra. She is charged additionally in the same indictment with operating after suspension and violating conditions of release, July 27 in Palmyra, and with two counts of criminal forfeiture of $4,780 in cash and a 2009 Chevrolet, Aug. 4 in Palmyra.

• Ryan Denicola, 24, of Hartland, charged with burglary between April 24, 2016, and May 7, 2016, in Hartland and with burglary May 9, 2016, in Hartland and theft between April 24, 2016, and May 7, 2016, in Hartland.

• Casey S. Meservey, 22, of Portland, charged with theft and burglary of a motor vehicle, June 8 in Skowhegan.

Doug Harlow — 612-2367

dharlow@centralmaine.com

Twitter:@Doug_Harlow

Lobsterman sentenced to 45 days for ramming a skiff

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ROCKLAND — A Vinalhaven lobsterman was sentenced Thursday to 45 days in jail for trying to ram a skiff in 2016.

Carl B. Gross, 32, had pleaded guilty last year and was on a 12-month deferred disposition. The agreement called for a cap of 90 days in jail with the defense able to argue for less time on charges of reckless conduct and operating a watercraft to endanger.

The full sentence imposed on Sept. 13 was 364 days in jail with all but 45 days suspended to be followed by one year of probation. The start of the jail term was stayed until Feb. 1.

He was convicted of using his lobster boat to threaten Jacob Watt and Morgan Martin by trying to ram the skiff they were in on Nov. 30, 2016. The lobster boat made contact with the skiff, but the men were able to get off the skiff and onto some floats.

Gross also was given a concurrent 45-day jail term on an unrelated domestic violence assault that occurred in 2016. A second domestic violence assault charge was dismissed.

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