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Litchfield man pleads guilty to child pornography charge

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AUGUSTA — A Litchfield man who had worked as a lifeguard at a YMCA pool in Bath pleaded guilty Thursday to possession of sexually explicit materials depicting children under 12.

In exchange for that plea by Ethan P. Francine, a second, identical charge against him was dismissed.

Francine, 30, previously had pleaded not guilty to the charges.

An indictment alleged that he possessed those items Feb. 5 to March 24, 2016, in Litchfield.

He was sentenced to an initial seven months in jail, with the remainder of the three-year term suspended, and two years of probation.

Conditions of probation prohibit him from use of the internet as well as contact with children under age 16. Francine also must register under the state’s Sex Offender Registration and Notification Act and undergo sex offender counseling.

He also agreed to the forfeiture of a thumb drive seized as evidence.

The prosecutor, Assistant District Attorney Frayla Tarpinian said the investigation began when the National Center for Missing and Exploited Children reported to the Maine Computer Crimes Unit that child pornography was being uploaded from a Litchfield address.

When officers went there on March 24, 2016, Tarpinian said, Francine admitted the sexually explicit material was all his. She said investigators found 50 images of child pornography on a thumb drive.

Francine worked part time at the YMCA and is no longer employed there, Executive Director Sabrina Murphy said in August 2016. Murphy said at the time that she received no indication from authorities that Francine’s conduct had anything to do with his employment at the Y.

“We do a lot to make sure we protect children and we run background checks on all our employees and check our membership database against the sex offender list,” Murphy said. “So the YMCAs have a lot of policies and procedures in place to ensure children are safe, and that occurred here.”

Francine was free on $1,000 cash bail when he was stopped by a Maine State Police trooper Jan. 6 in West Gardiner, allegedly traveling 114 mph on Interstate 95, smelling of intoxicants, and was taken to the Gardiner police for an Intoxilyzer test.

On Thursday, Francine pleaded guilty to operating under the influence and violating conditions of release, and a criminal speeding charge was dismissed in exchange for that plea.

He was sentenced to 48 hours in jail for those offenses, to be served concurrently with the other sentence. Francine was fined $500 and his license was suspended for 150 days.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams


Somerset County courts for Dec. 12-16, 2016

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SKOWHEGAN — Closed cases for Dec. 12-16, 2016, in Skowhegan District Court and Somerset County Superior Court.

Ethan A. Aubry, 19, of Norridgewock, failing to make oral or written accident report Oct. 16, 2016, in Norridgewock; $500 fine. Failure to stop, remain, render aid, personal injury, same date and town; dismissed.

Jeffrey A. Berard, 45, of Cumberland, Rhode Island, hunting antlerless deer without permit Nov. 15, 2016, in Concord Township; dismissed.

Robert O. Bickford, 51, of Windham, violation of rule moose zone Oct. 11, 2016, in Long Pond Township; dismissed.

David E. Blodgett Sr., 61, of Skowhegan, use of drug paraphernalia Oct. 31, 2016, in Athens; $300 fine.

Aaron L. Bouchard, 21, of Skowhegan, operating under the influence Sept. 29, 2016, in Skowhegan; $500 fine, 48-hour jail sentence, 150-day license suspension.

Dylan Boyce, 23, of St. Albans, operating all-terrain vehicle on public way Sept. 11, 2016, in Palmyra; $100 fine.

Dylon A. Brooks, 23, of Palmyra, operating under the influence Aug. 20, 2016, in Pittsfield; $500 fine, 150-day license suspension.

Lloyd A. Burnham Jr., 41, of Dexter, criminal mischief Dec. 8, 2016, in Ripley; 10-day jail sentence, $300 fine. Criminal trespass Dec. 8, 2016, in Ripley; 10-day jail sentence.

Richard Coderre, 31, of Waterville, operating while license suspended or revoked Oct. 25, 2106, in Fairfield; $500 fine.

Jarrod L. Colby, 31, of Norridgewock, assault Dec. 14, 2016, in Norridgewock; $300 fine, 48-hour jail sentence. Disorderly conduct, loud unreasonable noise Dec. 14, 2016, in Norridgewock; 48-hour jail sentence. Refusing to submit to arrest or detention physical force Dec. 14, 2016, in Norridgewock; 48-hour jail sentence.

Donald S. Craft, 56, of Fairfield, operating ATV under influence over 21 June 17, 2016, in Brighton; $400 fine, 96-hour jail sentence.

Daniel C. Crate, 27, of Waterville, possession of marijuana, up to 1.25 ounces, Nov. 3, 2016, in Fairfield; $350 fine.

Ira W. Damon, 23, of Industry, forgery July 10, 2016, in Anson; dismissed.

Christopher Dean, 41, of Corinna, placing bait to entice deer Oct. 29, 2016, in Palmyra; $200 fine.

Todd M. Dionne, 38, of Kittery, operating after registration suspended Oct. 8, 2016, in Fairfield; $150 fine.

Dawn Dodd, 38, of Parkman, operating while license suspended or revoked Oct. 18, 2016, in St. Albans; $500 fine.

Shawn R. Doody, 19, of Skowhegan, theft by unauthorized taking or transfer Nov. 13, 2016, in Skowhegan; $200 fine. Minor possessing liquor Nov. 13, 2016, in Skowhegan; $200 fine.

Clifford J. Douglass, 37, of Waterville, operating while license suspended or revoked Oct. 24, 2016, in Fairfield; $250 fine.

Steven P. Erasmus, 38, of Burlington, Connecticut, operating ATV on public way Oct. 29, 2016, in West Forks; $100 fine.

Mark C. Evans, 35, of Rome, failure to surrender license Oct. 15, 2016, in Fairfield; $50 fine.

Shaun M. Flanagin, 37, of Madison, operating while license suspended or revoked Oct. 29, 2016, in Madison; $250 fine.

James G. Garnett, 30, of Newport, violating condition of release Nov. 7, 2016, in Skowhegan; 48-hour jail sentence.

Michael A. Giguere, 31, of Norridgewock, hunting from stand or blind overlooking deer bait Oct. 29, 2016, in Norridgewock; $200 fine.

David Goodwin, 31, of Bristol, Connecticut, operating ATV on public way Oct. 29, 2016, in West Forks; $200 fine. Failure to stop all terrain vehicle, same date and town; dismissed.

Ronald L. Greenleaf, 48, of Madison, hunting from stand or blind overlooking deer bait Oct. 29, 2016, in The Forks; $100 fine.

Gerald Grivois, 22, of Skowhegan, carrying passenger on ATV without headgear Nov. 5, 2016, in Norridgewock; $100 fine,.

Matthew T. Haney, 22, of Oakland, operating ATV on land of another without permission Oct. 8, 2016, in Upper Enchanted Township; $100 fine.

Christopher T. Hanson, 25, of Oakland, operating vehicle without license Oct. 13, 2016, in Canaan; $100 fine.

Joshua M. Hawkes, 21, of Fairfield, loaded firearm or crossbow in motor vehicle Oct. 15, 2016, in Hartland; $200 fine.

Fred L. Higgins, 46, of Benton, failure to register vehicle April 4, 2014, in Fairfield; $100 fine.

Kristen Howard, 21, of Gorham, loaded firearm or crossbow in motor vehicle Oct. 22, 2016, in Elm Stream Township; $200 fine.

Dale Hunnewell, 70, of Moscow, theft by unauthorized taking or transfer Oct. 28, 2016, in Skowhegan; $200 fine.

Rodney Horning, 42, of Skowhegan, negotiating a worthless instrument Sept. 8, 2016, in Skowhegan; 48-hour jail sentence, $577.37 restitution. Negotiating a worthless instrument Sept. 9, 2016, in Skowhegan; 48-hour jail sentence. Negotiate a worthless instrument Sept. 9, 2016, in Skowhegan; 48-hour jail sentence. Negotiating a worthless instrument Sept. 10, 2016, in Skowhegan; 48-hour jail sentence. Negotiating a worthless instrument Sept. 11, 2016, in Skowhegan; 48-hour jail sentence. Negotiating a worthless instrument Sept. 11, 2016, in Skowhegan; 48-hour jail sentence. Six counts negotiating a worthless instrument, Sept. 1, 2016, Sept. 3, 2016, Sept. 12, 2016, Sept. 13, 2016, Sept. 14, 2016, and Sept. 15, 2016, all in Skowhegan; dismissed.

Julie Howarth, 33, of Skowhegan, attaching false plates Nov. 19, 2016, in Skowhegan; $100 fine.

Bertrum F. Hutchins Jr., 54, of Norridgewock, domestic violence assault Nov. 12, 2016, in Norridgewock; dismissed.

Cary W. Kelly, 66, of Harmony, hunting from stand or blind overlooking deer bait Oct. 29, 2016, in Harmony; $200 fine.

Logan A. Knight, 18, of Hartland, operating ATV under 18 without headgear Sept. 10, 2016, in Palmyra; $100 fine.

Darrin Lebarge, 43, of Skowhegan, keeping dangerous dog Nov. 4, 2016, in Skowhegan; $250 fine, $60 restitution. Keeping unlicensed dog and allowing dog to be at large, same date and town; dismissed.

William E. Leigh, 53, of Skowhegan, operate vehicle without license Oct. 14, 2016, in Fairfield; $100 fine.

Steven R. Lemieux, 53, of Fairfield, illegal transportation of animal or bird Oct. 24, 2016, in Fairfield; $200 fine.

Zante A. Lewis, 33, of Skowhegan, violating condition of release Nov. 7, 2016, in Skowhegan; $250 fine.

David M. Loiselle, 24, of Waterville, operating vehicle without license Oct. 9, 2016, in Fairfield; $100 fine.

Patrick W. Lowe, 36, of Weld, operating while license suspended or revoked Oct. 27, 2016, in Skowhegan; dismissed.

Beth Martin, 29, of Pittsfield, attaching false plates Oct. 28, 2016, no town listed; $100 fine.

Ronald McLaggan, 45, of South China, entering or causing a projectile to enter a place illegally Nov. 17, 2016, in Moscow; $100 fine.

Joseph A. McManus, 37, of Waterville, failing to report May 28, 2010, in Madison; 30-day jail sentence.

Jade Miller, 27, of Concord Township, criminal trespass Oct. 19, 2016, in Moscow; $250 fine.

Svea E. Mortensen, 37, of Waterville, operate while license suspended or revoked Sept. 18, 2016, in Fairfield; dismissed.

Natasha M. Nadeau, 26, of Waterville, criminal mischief Dec. 6, 2016, in Fairfield; seven-day jail sentence, $500 restitution. Disorderly conduct, loud unreasonable noise Dec. 6, 2016, in Fairfield; seven-day jail sentence. Violating condition of release Dec. 6, 2016, in Fairfield; seven-day jail sentence. Unlawful possession of scheduled drug Oct. 16, 2016, in Fairfield; $400 fine, $400 suspended, 364-day jail sentence, all but 14 days suspended, one-year probation. Possession of hypodermic apparatuses Oct. 16, 2016, in Fairfield; $400 fine, $400 suspended, 14-day jail sentence. Use of drug paraphernalia Oct. 16, 2016, in Fairfield; dismissed.

Benjamin C. Namer, 40, of Fairfield, operating while license suspended or revoked Oct. 24, 2016, in Fairfield; $250 fine.

Robert E. Nason Jr., 50, of Norridgewock, hunt from stand or blind overlooking deer bait Oct. 29, 2016, in Norridgewock; $100 fine.

Keith A. Newton, 46, of Skowhegan, unlawful possession of scheduled drug Nov. 1, 2016, in Skowhegan; dismissed.

Robert J. Page, 34, of Fairfield, possession of marijuana, up to 1.25 ounces, Oct. 19, 2016, in Fairfield; $350 fine.

Ryan J. Pelletier, 19, of Anson, possession of marijuana, up to 1.25 ounces, Oct. 14, 2016, in Madison; $350 fine. Use of drug paraphernalia Oct. 14, 2016, in Madison; $300 fine.

Joseph J. Perrault, 37, of Mercer, stealing drugs Oct. 2, 2016, in Mercer; $400 fine.

Wayne Price, 42, of Madison, possession of marijuana, up to 1.25 ounces, Oct. 24, 2016, in Madison; $350 fine.

Ashley M. Ridley, 23, of Fairfield, failure to register vehicle Oct. 18, 2016, in Fairfield; $100 fine.

Stephen E. Roderick, 39, of Skowhegan, hunting from stand or blind overlooking deer bait Oct. 29, 2016, in Norridgewock; $100 fine.

Randy A. Ruest II, 25, of Solon, operating vehicle without license Oct. 18, 2016, in Solon; $100 fine.

Olivia M. Salvail, 20, of Brunswick, motor vehicle speeding more than 30 mph over speed limit Nov. 4, 2016, in Fairfield; $500 fine.

Timothy Sawtelle, 44, of Corinna, criminal trespass Nov. 11, 2016, in Palmyra; $250 fine.

Timothy E. Stevens, 26, of Moscow, closed season on trapping violation; $200 fine. Illegal placing of bear bait, Sept. 14, 2016, in Bingham; $100 fine.

Susan Surabian, 66, of Skowhegan, allowing dog to be at large Nov. 6, 2016, in Skowhegan; $50 fine.

Richard A. Thompson, 51, of Skowhegan, operating while license suspended or revoked Oct. 17, 2016, in Fairfield; $250 fine. Driving to endanger Oct. 17, 2016, in Fairfield; $575 fine, 30-day license suspension. Failing to stop for an officer Oct. 17, 2016, in Fairfield; $500 fine.

Nicholas D. Wentworth, 36, of Windham, loaded firearm or crossbow in motor vehicle Oct. 22, 2016, in Chase Stream Township; $200 fine.

William C. Wheeler II, 35, of Madison, operating while license suspended or revoked Oct. 10, 2016, in Norridgewock; $500 fine.

Brett B. Worster, 27, of Skowhegan, allowing dog to be at large Oct. 26, 2016, in Skowhegan; $50 fine. Allowing dog to be at large Oct. 22, 2016, in Skowhegan; $50 fine.

Julie A. York, 30, of Skowhegan, allowing dog to be at large Oct. 28, 2016, in Skowhegan; $50 fine.

Man wanted for Waterville robbery arrested in Connecticut

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WATERVILLE — A Maine man wanted in connection with a city robbery was arrested late Thursday afternoon in Connecticut, police said.

Emmanual Hurtado, 25, of Waterville, was identified as the suspect in a robbery that took place early Saturday morning at Mobil On-the-Run, at 94 Pleasant St, according to Detective Sgt. Lincoln Ryder. Hurtado allegedly forced his way into the store while the manager was opening it, according to Ryder.

Police tried using a dog to track Hurtado down but couldn’t find him, Ryder said, and they thought he might have fled to another state.

Hurtado was stopped by police in Wethersfield, Connecticut, for driving offenses and allegedly gave a false name, Ryder said. He was taken to jail and identified as Hurtado through fingerprints, Ryder said.

Connecticut police charged Hurtado with criminal impersonation and resisting arrest. He will stay in Connecticut until the Kennebec County District Attorney’s Office goes through the process of extradition to get him back in Maine, where he will face a class A felony charge of robbery, police said.

Madeline St. Amour — 861-9239

mstamour@centralmaine.com

Twitter: @madelinestamour

State seeks to prosecute Winthrop teen as adult in killing of parents

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AUGUSTA — The question of whether a Winthrop teenager should be tried as an adult on double murder charges in connection with the stabbing deaths of his parents is set to be explored at court hearings later this year.

Andrew T. Balcer, now 18, was brought to the Capital Judicial Center on Friday for the brief hearing, at which attorneys first talked to the judge in chambers before Balcer came into the courtroom.

Balcer is accusing of killing his parents, Antonio and Alice Balcer, both 47, early on Oct. 31, 2016, in their Winthrop home. The case against Balcer, who was 17 at the time, is being handled in juvenile court; however, the state has requested a separate hearing in a bid to have Balcer prosecuted as an adult.

On Friday, Judge Eric Walker said that hearing, which attorneys estimated would take two to three days, probably would take place this summer.

Balcer, wearing a two-piece blue uniform, his dark hair reaching to the nape of his neck, said nothing during Friday’s hearing as attorneys and the judge discussed scheduling.

Balcer’s attorney, Walter McKee, said the court-ordered mental health evaluation being done by Debra Baeder, chief forensic psychologist at the State Forensic Service, is incomplete. McKee said Baeder is scheduled for one more session with Balcer, and he anticipated that her report would be completed in April.

“I expect that our expert will be reviewing that report,” McKee told Judge Eric Walker.

Assistant Attorney General Megan Elam said the prosecutor’s office had just received the medical examiner’s reports about the two autopsies and would be sending those to the defense attorneys.

Walker also said another status conference could be set for April, and McKee indicated it might not be necessary to bring Balcer for that hearing.

In contrast to Balcer’s previous hearings, which were attended by a number of news media representatives as well as Balcer’s family members, Friday’s courtroom had only one spectator.

Afterward, attorneys declined to say anything else about the case.

Balcer has been held at the Long Creek Youth Development Center in South Portland since the day of the killings.

According to an affidavit by Maine State Police Detective Abbe Chabot, Balcer himself called 911 from the family’s Pine Knoll Road home about 1:45 a.m. Oct. 31, 2016, to say he had stabbed his mother, his father and the family dog. He asked arriving police to check on his brother, telling them his brother “is going to need counseling after this.” Balcer also told them, “I let him go or live.”

Chabot’s affidavit said Balcer’s clothing and shoes were stained, apparently with blood.

There has been no indication of a motive, and all but the charging document and the affidavit have been sealed by the court. The affidavit was released Jan. 12, 2017.

It said a preliminary report by the medical examiner indicated Antonio Balcer “had 13 stab wounds to the chest and torso.” At that time, Alice Balcer’s autopsy had not yet begun, but police at the scene reported observing a stab wound on Balcer’s mother’s back.

A knife and a handgun were found in the kitchen where Antonio Balcer’s body was found.

At court in November, Balcer’s attorney entered “no answer” to the two charges of intentional or knowing murder listed on the juvenile petition. The judge said he would enter denials on Balcer’s behalf. Responses to juvenile charges are different from those in the adult criminal justice system.

At that proceeding, the judge also told Balcer that if the state succeeds in having him prosecuted as an adult, he faces 25 years to life in prison on each count.

Andrew Balcer was a senior at Winthrop High School at the time of the slayings. In the days after his arrest, a school official described him as a gifted student.

Antonio Balcer retired in 2012 as a chief warrant officer in the U.S. Coast Guard. Alice Balcer also served in the Coast Guard, which is where they met 25 years ago, according to their obituaries.

Antonio Balcer was active in local motorcycle groups and known locally as “the Rev” for serving as chaplain and officiating at weddings. Alice Balcer worked at Winthrop Veterinary Hospital, and before that at the Kennebec Valley Humane Society shelter in Augusta. She was an outdoors enthusiast.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

St. Albans nonprofit employee charged with stealing prescription drugs from client

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An employee of Skills Inc., a nonprofit organization in St. Albans that helps adults with intellectual disabilities, has been charged with stealing prescription painkillers from a program client, police said.

Tina Corliss, 41, of Palmyra, is charged with the crime of stealing drugs, a class D crime, and with possession of a schedule Z drug, Tramodol, a class E crime. Both charges are misdemeanor crimes.

On Jan. 18, the Somerset County Sheriff’s Office received a complaint from staff members at Skills Inc. that the prescription painkiller Tramadol might have been stolen from a 38-year-old client at an assisted-living facility in St. Albans, according to a news release Friday from the sheriff’s office. Deputy Zachary Tracey took the initial report and turned the case over to the Criminal Investigations Division.

Detective Mathew Cunningham was able to identify an employee at the assisted living facility as a suspect. Cunningham interviewed Corliss on Feb. 2, and she allegedly confessed to the theft of the medication, police said. Police said they learned during the interview that at least 15 thefts of this medication had occurred beginning around Nov. 1.

Corliss was issued a summons to appear in court and was not arrested. It was unknown Friday whether she has a lawyer or whether a court date has been set.

Morning Sentinel Feb. 3 police log

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IN CANAAN, Thursday at 3:38 p.m., a harassment complaint was taken on Chestnut Street.

IN CARRABASSETT VALLEY, Thursday at 2:03 p.m., theft or fraud was reported on Main Street.

IN FAIRFIELD, Thursday at 11:46 a.m., a harassment complaint was taken on Ridge Road.

12:14 p.m., trespassing was reported on Skowhegan Road.

1:30 p.m., violation of bail or a protective order was reported on Kelley Street.

Friday at 12;39 a.m., suspicious activity was reported on Main Street.

1:44 a.m., a disturbance was reported on Summit Street.

2:23 a.m., an assault was reported on Summit Street.

IN FARMINGTON, Thursday at 1:42 p.m., a road hazard was reported on Wilton Road.

IN MERCER, Thursday at 5:57 p.m., suspicious activity was reported on Beech Hill Road.

IN NEW SHARON, Thursday at 11:03 a.m., harassment was reported on Industry Road.

IN NORRIDGEWOCK, Thursday at 8:17 p.m., a chimney fire was reported on Red Barn Road.

IN PALMYRA, Thursday at 2:30 p.m., a harassment complaint was taken on Main Street.

IN PHILLIPS, Thursday at 10:48 a.m., trespassing was reported on River Road.

IN SKOWHEGAN, Thursday at 9:24 a.m., suspicious activity was reported on Water Street.

10:45 a.m., suspicious activity was reported on North Avenue.

11:43 p.m., a fire was reported on Canaan Road.

Friday at 3:56 a.m., suspicious activity was reported on Canaan Road.

7:44 a.m., trespassing was reported on Waterville Road.

IN SMITHFIELD, Thursday at 3:39 p.m., a domestic disturbance was reported on Village Road.

IN WATERVILLE, Thursday at 8:16 a.m., harassment was reported on Gray Street.

10:58 a.m., fraud or forgery was reported at The Big Apple store on Main Street.

11:41 a.m., fraud or forgery was reported at Joseph’s Market on Front Street.

1:31 a.m., fraud or forgery was reported on School Street.

1:40 p.m., harassment was reported on Western Avenue.

4:02 p.m., suspicious activity was reported in Elm Plaza.

4:45 p.m., a report of shoplifting led to an arrest at Wal-Mart in Waterville Commons.

5:28 p.m., harassment was reported on Summer Street.

5:48 p.m., a report of assault led to an arrest at Home Place Inn on College Avenue.

7:43 p.m., fraud or forgery was reported at KFC and Taco Bell on Kennedy Memorial Drive.

10:16 p.m., a domestic dispute was reported on Western Avenue.

11:50 p.m., a domestic dispute was reported on College Avenue.

Friday at 12:01 a.m., an unwanted person was reported on Park Street.

12:08 a.m., suspicious activity was reported on Silver Street.

1:02 a.m., a report of a burglary of a motor vehicle led to an arrest at the Holiday Inn Express on Main Street.

IN WILTON, Thursday at 9:39 a.m., theft or fraud was reported on U.S. Route 2.

4:33 p.m., theft or fraud was reported on Depot Street.

IN WINSLOW, Friday at 1:19 a.m., suspicious activity was reported on Bridge Street.

1:59 a.m., an assault was reported on Monica Avenue.

ARRESTS

IN FRANKLIN COUNTY, Thursday, Lewis Bamberg, 49, of Augusta, was arrested on a probation hold.

Christy White, 43, of Phillips, was arrested on a warrant for failing to appear.

Friday, Matthew Adams, 20, of Livermore, was arrested on a charge of operating a vehicle after a suspension.

Kayla Blais, 23, no address listed, was arrested on five warrants.

IN SOMERSET COUNTY, Thursday at 12:06 a.m., Ian T. Getchell, 24, of Cambridge, was arrested on a charge of violation of a protection order.

3:40 p.m., Frederick T. Patterson, 50, of Fairfield, was arrested on a charge of violating a condition of release.

5:41 p.m., Christian A. Tremblay, 18, of Canaan, was arrested on a charge of violation of a protective order.

IN WATERVILLE, Thursday at 4:56 p.m., Joshua J. Mogan, 35, of Waterville, was arrested on a warrant.

4:49 p.m., Richard Poulin, 42, of Fairfield, was arrested on six warrants.

6:03 p.m., Mark H. Courtemanche Jr., 39, of Athens, was arrested on three warrants.

10:24 p.m., Ambroshia Fagre, 18, of Oakland, was arrested on two warrants.

11:46 p.m., Terrance Mercer, 39, of Waterville, was arrested on a charge of operating a vehicle under the influence.

Friday at 1:02 a.m., a 17-year-old was arrested on two warrants.

SUMMONS

IN WATERVILLE, Thursday at 7:09 a.m., Matthew D. Perry, 36, of Waterville, was summoned on two charges of keeping an unlicensed dog, as well as charges of dog to be at large and a dangerous dog violation.

Franklin County court for Jan. 2-6, 2016

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FARMINGTON — Closed cases for Jan. 2-6, 2016, in Farmington District Court and Franklin County Superior Court.

Joseph M. Bergeron, 37, of Farmington, violating protection from abuse order Oct. 27, 2016, in Farmington; 30-day jail sentence. Violating protection from abuse order Nov. 2, 2016, in Farmington; 30-day jail sentence. Domestic violence stalking Nov. 4, 2016, in Farmington; 364-day Department of Corrections sentence, all but 75 days suspended, one-year probation. Violating protection from abuse order Nov. 4, 2016, in Farmington; 30-day jail sentence. Violating condition of release Nov. 4, 2016, in Farmington; 30-day jail sentence. Violating protection from abuse order Dec. 16, 2016, in Farmington; 30-day jail sentence. Refusing to submit to arrest or detention, physical force Dec. 16, 2016, in Farmington; 30-day jail sentence. Violating condition of release Dec. 16, 2016, in Farmington; 30-day jail sentence. Impersonating a public servant Dec. 21, 2016, in Farmington; 30-day jail sentence. Violating protection from abuse order and violating condition of release, Dec. 21, 2016, in Farmington; dismissed.

Samantha A. Deckard, 31, of Strong, operating while license suspended or revoked Sept. 27, 2016, in Farmington; $500 fine, 48-hour jail sentence.

Brandice Dotolo, 34, of Phillips, fugitive from justice Jan. 3, 2017, in Freeman Township; extradition ordered.

Brandon S. Flagg, 28, of Jay, theft by unauthorized taking or transfer Oct. 22, 2016, in Farmington; $250 fine, $41.84 restitution. Violating condition of release, same date and town; dismissed.

Anthony M. Gage, 27, of Farmington, criminal conspiracy Jan. 6, 2016, in Farmington; dismissed.

Jessica L. Lane, 30, of Strong, permitting unlawful use Aug. 25, 2016, in Wilton; $250 fine. Unsworn falsification, same date and town; dismissed.

April Lynn McDonald, 33, of Jay, unlawful possession of scheduled drug Aug. 22, 2016, in Jay; $400 fine. Possession of hypodermic apparatuses Aug. 22, 2016, in Jay; $400 fine. Unlawful possession of scheduled drug and use of drug paraphernalia, same date and town; dismissed.

Christopher M. Pineau, 36, of Chesterville, operating under the influence Nov. 8, 2016, in Chesterville; $500 fine, 48-hour jail sentence, 150-day license suspension.

David Taylor, 55, of Gilead, operating under the influence Aug. 27, 2016, in Wilton; $500 fine, two-day jail sentence, 150-day license suspension.

Deidra L. Tozier, 47, of Jay, allowing minor to possess or consume liquor Nov. 23, 2016, in Jay; dismissed.

Robert A. Tozier, 48, of Jay, allowing minor to possess or consume liquor Nov. 23, 2016, in Jay; dismissed.

Mitchell H. Wallace, 18, of Carrabassett Valley, operating while license suspended or revoked and possession of tobacco products by a minor, Sept. 3, 2016, in Farmington; dismissed.

Dennis S. Weeks, 47, of Bowdoinham, operating under the influence Aug. 28, 2016, no town listed; $750 fine, 48-hour jail sentence, 150-day license suspension. Failing to notify of motor vehicle accident, same date and town; dismissed.

David G. Williams, 46, of Jay, assault Aug. 25, 2016, in Jay; $400 fine.

Catherine A. Zachary, 25, of Wilton, operating under the influence Aug. 26, 2016, in Farmington; $500 fine, 48-hour jail sentence, 150-day license suspension.

Kennebec Journal Feb. 3 police log

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AUGUSTA

Thursday at 9:58 a.m., theft was reported on Sunset Avenue.

11:51 a.m., criminal trespassing was reported on Edison Drive.

12:05 p.m., suspicious activity was reported on Pierce Drive.

12:26 p.m., harassment was reported on South Belfast Avenue.

12:34 p.m., a sex offense was reported by a caller on Armory Street.

3:23 p.m., a well-being check was performed on Western Avenue.

3:26 p.m., a traffic accident causing injury was reported on New England Road.

3:46 p.m., a 30-year-old Augusta man was issued a summons on a charge of theft by unauthorized taking after shoplifting was reported on Western Avenue.

4:45 p.m., a disturbance was reported on Commerce Drive.

4:52 p.m., fraud was reported on Ward Road.

5:06 p.m., simple assault was reported on Water Street.

5:06 p.m., simple assault was reported on Mount Vernon Avenue.

6:02 p.m., suspicious activity was reported on Washington Street.

6:30 p.m., simple assault was reported on Elm Street.

6:32 p.m., a well-being check was performed on Eastern Avenue.

6:58 p.m., a disturbance was reported on Chapel Street.

9:09 p.m., a domestic disturbance was reported on Bond Brook Road.

Friday at 2:33 a.m., a well-being check was performed on Bond Brook Road.

GARDINER

Friday at 12:35 a.m., suspicious activity was reported on Neal Street.

MONMOUTH

Thursday at 6:08 p.m., a well-being check was performed on Main Street.

RANDOLPH

Thursday at 9:05 a.m., a well-being check was performed on Windsor Street.

WINTHROP

Wednesday at 3:36 a.m., a well-being check was performed on Bishop Street.

5:38 p.m., a suspicious person was reported on Loon Cove Lane.

Thursday at 12:29 p.m., a well-being check was performed on Bishop Street.

2:03 p.m., theft was reported on Turkey Lane.

6:19 p.m., a traffic hazard was reported on U.S. Route 202.

Friday at 5:53 a.m., a traffic hazard was reported on U.S. Route 202.

7:34 a.m., a well-being check was performed on Gannet Lane.

ARRESTS

AUGUSTA

Thursday at 6:47 p.m., John F. Stevens, 32, of Gardiner, was arrested on two charges of unlawful possession of scheduled drugs after suspicious activity was reported on Newland Avenue.

HALLOWELL

Thursday at 8:54 p.m., Rodney Cunningham, 43, of Hallowell, was arrested on a warrant after an overdose rescue was performed on Town Farm Road.


New Yorker to spend 18 months behind bars for cocaine trafficking

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AUGUSTA — A New Yorker who failed to appear for a hearing in April 2015 was back in front of a judge Friday at the Capital Judicial Center to plead guilty to cocaine trafficking.

Peter Kerwin “Jay” Hernandez, now 26, of Bronx, was arrested Thursday when he went to the Capital Judicial Center.

He was taken into custody after his brother sought return of $10,000 cash bail he previously had posted for Hernandez.

On Friday, Peter Hernandez pleaded guilty to unlawful trafficking in cocaine and agreed to the criminal forfeiture of $2,240 allegedly found on his person and an additional $400 allegedly found in a separate bag on Dec. 22, 2014, in Augusta.

Two additional charges of unlawful trafficking in heroin, Dec. 11 and Dec. 18, 2014, in Augusta, were dismissed in exchange for the pleas.

Hernandez was ordered to serve an initial 18 months of a six-year prison term, with the remainder suspended, and two years’ probation. He also was fined $400.

Assistant Attorney General Katie Sibley said Hernandez had a criminal record that consisted only of a 2012 incident of possession of marijuana in New York, for which he was fined $25.

She said that when Maine Drug Enforcement Agency officers executed a search warrant Dec. 22, 2014, at 965 South Belfast Ave. in Augusta, they found a plastic bag on Hernandez “with 9 grams of cocaine base divided into retail doses” as well as the cash, which the state maintained was drug proceeds.

She also noted that the defendant has a longer period of time to serve under the joint sentencing agreement than he did originally, “because Mr. Hernandez failed to appear” in 2015.

Attorney Luke Rioux represented Hernandez.

In May 2015, a co-defendant, Heather M. Wilkinson, then 49, of Augusta, was ordered to serve an initial nine months behind bars, with the remainder of her four-year sentence suspended, and was placed on probation for two years after she pleaded guilty to heroin trafficking. She also was fined $400.

At the time, Sibley told Justice Donald Marden that Wilkinson had no prior criminal record and was being used by Peter Hernandez “as a buffer.” Sibley said Wilkinson was under the influence of heroin but cooperative when she and Hernandez were arrested Dec. 22 at Wilkinson’s home.

Sibley described Hernandez as “the out-of-state trafficker,” and Wilkinson told the judge that Hernandez “was a friend of a friend.”

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Man found not criminally responsible for Vassalboro blaze

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AUGUSTA — For the second time in 13 years, a Maine man was found not criminally responsible for setting fire to a home he owned.

Scott John Audet, 44, initially had pleaded not guilty to the more recent charge of arson in connection with a Jan. 28, 2015, fire that damaged his Vassalboro home.

However, at the request of both the state and defense attorneys, Justice Robert Mullen found Audet not criminally responsible by reason of mental disease or defect.

At a hearing Friday at the Capital Judicial Center, Mullen said he based that finding on a report from an evaluator with the State Forensic Service.

He said the 15-page report indicated Audet suffered from mental illness “basically for (his) entire adult life and a lot of years as a minor. This is a clear-cut case of a finding that should be made that Mr. Audet is not criminally responsible by reason of mental disease or defect.”

Mullen ordered Audet placed in the custody of the commissioner of the Department of Heath and Human Services and placed at an appropriate facility.

Audet has been held at Riverview Psychiatric Center, and he returned there Friday.

On Friday, Assistant District Attorney Francis Griffin outlined the evidence he said the state would introduce if Audet had chosen to go to trial on the more recent arson charge.

Griffin said officers, including Sgt. Kenneth Grimes with the Office of State Fire Marshal, responded to a report of a suicidal man wanting to burn his house down.

They saw a man on the front porch talking on a phone and then disappeared into the home, which already was burning.

Then the man — later identified as Audet — came out of the house hollering, “Burn, burn, I want to die.”

They took him into custody as the fire raged.

Later, Audet told them he was sorry and didn’t want anyone to get hurt.

He told officers he lit his bedroom and living room on fire.

Audet’s attorney, Harold “Hank” Hainke, answering the judge’s question, said he believed the state could produce that testimony and prove the case beyond a reasonable doubt.

Audet was not charged with the arson until Nov. 1, 2016. On Friday, Audet waived his right to have the grand jury consider the case and return an indictment.

Audet has a history of treatment at Riverview. After being found criminally not responsible in March 2004 on charges that he had set fire in 2003 to a home he owned at 146 Oak St. in Oakland, Audet was committed to the custody of the Department of Health and Human Services, according to court records.

The court retained jurisdiction of the case, which was last heard in 2011, when a judge ruled that he could be allowed to self-administer medication and could drive anywhere in Maine but was prohibited from having drugs, alcohol, firearms or weapons.

The court also required that an outpatient treatment team from Riverview visit Audet twice a week for at least six months after he moved to his own apartment.

Audet sold the Oakland property in April 2004, registry records show, a month after the finding that he was not criminally responsible for that fire. He returned to Riverview for a series of brief hospitalizations in the summer of 2013 and moved back into the community each time. There was no indication in the court’s file that he had been hospitalized at Riverview during 2014.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Convicted in machete attack in Pittston, Daniel Fortune seeks appeal ruling

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Daniel L. Fortune, sentenced to spend the rest of his life in prison for a 2008 machete attack in Pittston that nearly killed a 10-year-old girl and maimed her dad, wants another chance at an appeal in his case.

Fortune, now 29, is asking the Maine Supreme Judicial Court for clarification of an April 19, 2016, order from a superior court judge about ineffective assistance of counsel in an earlier appeal.

The written brief, filed by attorney Rory A. McNamara, said that order “is so unclear as to necessitate remand. … Any appeal on the merits of the court’s denial of his petition for post-conviction review must wait until the post-conviction court issues a new order clearly and properly applying the applicable legal standards for evaluating claims of ineffective assistance of counsel.”

Oral arguments in Fortune’s latest appeal are set for Monday at the Cumberland County Courthouse in Portland.

Fortune, formerly of Augusta and Gardiner, and his foster brother Leo R. Hylton, both were convicted of invading the home of William Guerrette, a former state legislator, and his family and attacking them, leaving the father and the daughter fighting for their lives and prompting the mother to scramble out a bathroom window, leap 20 feet to the ground and flee barefoot through the woods to a neighbor’s for help.

Fortune, who had been a star athlete at Gardiner Area High School, had been a friend of the Guerrette family and occasionally spent the night at their home. According to the state, Fortune previously had stolen a safe from the home that contained more than $180,000 in cash.

Hylton pleaded guilty to a number of charges related to the May 27, 2008, attack on the family and was sentenced to 50 years in prison.

Fortune was convicted in May 2010 by a jury in Somerset County and received concurrent life sentences on three aggravated attempted murder convictions and shorter prison terms on a series of burglary, robbery and conspiracy charges.

In December 2011, the Maine Supreme Judicial Court issued a unanimous ruling upholding Fortune’s conviction and the concurrent life sentences.

In that appeal, Fortune maintained the life sentences were excessive and disproportionate to the crimes.

It is believed that his case was the first time the state’s harshest penalty — life in prison — was imposed for a crime that its victims survived. Judges must abide by strict guidelines set by the state supreme court to impose a life sentence.

Maeghan Maloney, district attorney in Kennebec and Somerset counties, maintains the post-conviction review and the appellate processes were done properly.

She asked that the Maine Supreme Judicial Court dismiss the petition.

In her brief, she said, “Even if there was error by the appellate counsel in failing to bring the Confrontation Clause claim, the deficient performance did not prejudice the defense, and therefore the result was not unreliable.”

The Confrontation Clause issue involves the admission of out-of-court statements and the right of defendants to question witnesses who testify against them.

She noted that Hylton testified at Fortune’s trial; however, Hylton said he did not remember a number of things from the night of the attack.

Hylton is at the Maine State Prison. His earliest release date is listed as May 26, 2052, on the state Department of Corrections website.

In allowing Fortune’s post-conviction appeal to proceed, Justice Donald Marden wrote in December 2015 that an attorney representing him in an earlier appeal was ineffective by failing to contend that the entire statement by Hylton at Hylton’s sentencing hearing should have been introduced at Fortune’s trial.

Marden said he was “not satisfied that the exclusion” of all of Hylton’s remarks at his sentencing hearing would have changed the verdict in the Fortune case.

However, Marden added, “appellate counsel was deficient in failing to present it to the Law Court,” so Fortune was entitled to an appeal on that issue.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

 

Morning Sentinel Feb. 4 police log

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IN CANAAN, Friday at 10:16 p.m., a harassment complaint was taken at Tuttle Road.

Saturday at 12:21 a.m., a harassment complaint was taken at Tuttle Road.

IN EMBDEN, Saturday at 8:14 a.m., a chimney fire was reported on Farmer Road.

IN FAIRFIELD, Friday at 1:06 p.m., a harassment complaint was taken on Kelley Street.

3:09 p.m., a theft was reported on Savage Street.

4:17 p.m., a disturbance was reported on Norridgewock Road.

9:03 p.m., a harassment complaint was taken on Elm Street

11:14 p.m., a suspicious or person was reported on Summit Street.

IN FARMINGTON, Friday at 11:37 a.m., a harassment complaint was taken on Fairbanks Road.

4:45 p.m., a theft or fraud complaint was taken on Wilton Road.

IN JAY, Friday at 5:29 p.m., a harassment complaint was taken on Main Street.

6:32 p.m., a disturbance was reported on Belanger Road.

IN NEW VINEYARD, Friday at 9:27 p.m., a chimney fire was reported on Barker Road.

IN NORRIDGEWOCK, Friday at 10:34 a.m., a vehicle fire was reported on Maple Street.

IN RANGELEY, Friday at 4:54 p.m., a harassment complaint was taken on Russell Cove Circle.

IN SKOWHEGAN, Friday at 11:32 a.m., a larceny, forgery or fraud was reported on West Front Street.

1:33 p.m., a domestic disturbance was reported on Water Street.

6:36 p.m., a disturbance was reported on Waterville Road

9:59 p.m., a disturbance was reported on Milburn Street.

11:34 p.m., a domestic disturbance was reported on Riverside Drive.

Saturday at 1:12 a.m., a theft was reported on Water Street.

3:20 a.m., a suspicious activity or person was reported on Water Street.

3:42 a.m., a suspicious activity or person was reported on Bush Street.

4:15 a.m., a theft was reported on Dartmouth Street.

5:29 a.m., a fire was reported on Butler Street.

IN STARKS, Saturday at 7:39 a.m., a chimney fire was reported on Chicken Street.

IN WATERVILLE, on Friday at 9:11 a.m., a fraud or forgery was reported on Kennedy Memorial Drive.

12:24 p.m., a fraud or forgery was reported on Front Street.

1:01 p.m., a fraud or forgery was reported on Waterville Commons Drive.

1:43 p.m., a fire was reported on Main Street.

4:19 p.m., a disturbance was reported on Hillside Avenue.

4:36 p.m., a disturbance was reported on Chaplain Street.

4:57 p.m., suspicious activity was reported on Main Street.

6:39 p.m., a disturbance was reported on Hathaway Street.

6:44 p.m., a disturbance was reported on College Avenue.

8:39 p.m., a disturbance was reported on Kennedy Memorial Drive

9:11 p.m., a disturbance was reported on Main Street.

11:28 p.m., suspicious activity was reported on Gold Street.

IN WILTON, on Friday at 2:56 p.m., a disturbance was reported on Main Street.

IN WINSLOW, on Friday at 4:57 p.m., a chimney fire was reported on Hapworth Lane.

ARRESTS

IN SOMERSET COUNTY, Friday at 8:47 a.m., Stephanie J. Lagucki, 33, of Winslow, was arrested on a charge of operating under the influence.

10:03 a.m., Jarrod Agnew Russell, 34, of Norridgewock, was arrested on a charge of theft by unauthorized taking or transfer and a probation hold.

12:59 p.m., Addison David Duong, 22, of Waterville, was arrested on a writ.

1:23 p.m., Derek R. Gagne, 29, of Fairfield, was arrested on a writ.

1:36 p.m., Joshua J. Mogan was arrested on a warrant for failure to appear.

10:27 p.m., James Joseph Defazio, 52, of Skowhegan, was arrested on a probation hold.

11:58 p.m., Anthony Dellaporta, 28, of Hartland, was arrested on two warrants.

IN WATERVILLE, Friday at 8:15 a.m., Amanda L Cross, 31, of Palermo, was arrested on a warrant.

Saturday at 12:11 a.m. Priscilla A. Pagliaroli, 20, of Fairfield, was arrested on a warrant during a traffic vehicle stop.

Kennebec Journal Feb. 4 police log

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AUGUSTA

Friday at 10:54 a.m., theft was reported on Eastern Avenue.

12:17 p.m., criminal trespassing was reported on Civic Center Drive.

12:23 p.m., a mental health and well-being check was performed on Washington Street.

1:45 p.m., a past burglary was reported on Church Hill Road.

4:42 p.m., suspicious activity was reported on Ridge Road.

4:59 p.m., suspicious activity was reported on Stone Street.

5:09 p.m., theft was reported on Whitten Road.

6:18 p.m., suspicious activity was reported on Civic Center Drive.

7:23 p.m., a disturbance was reported on Water Street.

8:08 p.m., an overdose rescue was performed on Linwood Avenue.

8:18 p.m., disorderly conduct was reported on Water Street.

10:34 p.m., suspicious activity was reported on Water Street.

Saturday at 7:13 a.m., simple assault was reported on Eight Rod Road.

HALLOWELL

Saturday at 12:17 a.m., suspicious activity was reported on Front Street.

1:08 a.m., an 18-year-old juvenile from West Paris was issued a summons on a charge of a being a minor transporting liquor during a traffic stop on Water and Temple streets.

ARRESTS

AUGUSTA

Friday at 10:02 p.m., Robert Potter, 31, of Augusta, was arrested on two warrants after an attempt to locate was performed on Mount Vernon Avenue.

Saturday at 12:26 a.m., Shaun M. Burchell, 38, of Augusta, was arrested on a warrant after an attempt to locate was performed on Oxford Street.

12:43 a.m., Christopher A. Taylor, 30, of Augusta, was arrested on a warrant after an attempt to locate was performed on Oxford Street.

1:38 a.m., Meaghan E. Thornton, 36, of Augusta, was arrested on a warrant after an attempt to locate was performed on New England Road.

Morning Sentinel Feb. 5 police log

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IN CANAAN, Saturday, at 3:54 p.m. a structure fire was reported on Browns Corner Road.

Sunday at 11:33 a.m., a domestic disturbance was reported on Overlook Drive.

IN CARRABASSETT VALLEY, Saturday at 2:36 p.m., a theft or fraud was reported on Main Street.

IN FAIRFIELD, Saturday at 4:59 p.m., a domestic disturbance was reported on Elm Street.

Sunday at 12:43 a.m., a suspicious activity or person was reported on High Street.

12:43 a.m. a breaking and entering in progress was reported on Old County Road.

1:04 a.m. a disturbance was reported on Robinson Street.

11:40 a.m., a suspicious activity or person was reported on Ten Lots Road.

IN JAY, Saturday at 2:12 p.m., a harassment complaint was taken on Main Street

IN MADISON, Saturday at 3:36 p.m., a suspicious person or activity was reported on Lakewood Road.

Sunday at 8:34 a.m., an auto theft was reported on Lakewood Road.

12:55 p.m., a suspicious activity or person was reported on Madison Road.

IN MOSCOW, Saturday at 2:21 p.m., a vehicle fire was reported on Mayfield Road.

IN NEW VINEYARD, Saturday at 10:40 a.m. a threatening complaint was taken on New Vineyard Road.

IN NORRIDGEWOCK, Saturday at 7:09 p.m. a threatening complaint was taken on Walker Road.

IN SKOWHEGAN, Saturday at 11:54 a.m. a larceny, forgery or fraud was reported on Madison Avenue.

5:03 p.m., a motor vehicle burglary was reported on Commercial Street.

5:17 p.m., a motor vehicle burglary was reported on Waterville Road.

6:39 p.m., a burglary (breaking and entering) was reported on Cedar Street.

8:09 p.m., a disturbance was reported on Lambert Road.

10:06 p.m., a domestic disturbance was reported on Water Street.

10:46 p.m., a threatening complaint was taken.

Sunday at 4:39 a.m., a motor vehicle theft was reported on Dawes Street.

IN WATERVILLE, Saturday at 8:05 a.m., a burglary was reported on Norman Avenue.

3:12 p.m., suspicious activity was reported on Union Street.

3:14 p.m., a disturbance was reported on Kennedy Memorial Drive.

3:54 p.m., a fraud or forgery was reported on College Avenue.

5:46 p.m., a theft was reported on Prospect Street.

Sunday, at 12:04 a.m. suspicious activity was reported on Front Street.

4:54 a.m., a suspicious activity or person was reported on Fairmont Street.

12:34 a.m., a disturbance was reported on Mayflower Hill Drive.

1:12 a.m., a disturbance was reported on Elm Street.

4:56 a.m., suspicious activity was reported on Fairmont Street.

9:51 a.m. a threatening complaint was taken on College Avenue.

IN WILTON, Saturday at 12:05 a.m., an assault was reported on Weld Road.

2:38 a.m. a domestic disturbance was reported on Weld Road.

8:38 a.m. vandalism and criminal mischief was reported on Village View Street.

ARRESTS

IN WATERVILLE, Saturday at 9:11 p.m., Amanda Rose Begin, 37, of Fairfield, was arrested on a warrant following a motor vehicle stop.

Sunday at 12:33 a.m. a disturbance was reported on Ward Avenue.

IN SOMERSET COUNTY, Saturday at 3:42 a.m., Leslye Ann Oberheim, 38, of Skowhegan was arrested on a warrant.

12:07 p.m., Eric Marshall McCarthy, 32, of St. Albans, was arrested on a warrant and probation hold.

10:44 p.m., Amy Marie Sanipas, 32, of Skowhegan, was arrested on a charge of domestic violence assault.

Somerset County court for Jan. 9-13, 2017

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SKOWHEGAN — Closed cases for Jan. 9-13, 2017, in Skowhegan District Court and Somerset County Superior Court.

Joseph Abbott, 19, of Fairfield, operating ATV on public way Dec. 2, 2016, in Fairfield; $100 fine.

Seth Allen, 20, of Norridgewock, minor consuming liquor Nov. 18, 2016, in Solon; $200 fine.

Scott W. Anthony, 51, of Skowhegan, theft by unauthorized taking or transfer Oct. 13, 2016, in Skowhegan; 24-hour jail sentence.

Luann R. Armstrong, 32, of Madison, operating while license suspended or revoked Dec. 2, 2016, in Fairfield; $750 fine.

Roy L. Armstrong, 51, of Cornville, operating under the influence Dec. 7, 2016, in Skowhegan; $500 fine, 72-hour jail sentence, 150-day license suspension.

Bryan P. Aubrey, 43, of Skowhegan, harassment by telephone Nov. 10, 2016, in Solon; 180-day jail sentence all suspended, one-year administrative release. Two counts harassment by telephone same date and town, dismissed.

Steven Ballard, 24, of Pittsfield, false registration of deer Nov. 7, 2016, in Hartland; $200 fine. Possessing animal or bird in violation Nov. 7, 2016, in Pittsfield, dismissed.

Richard A. Bellows Jr., 46, of Pittsfield, criminal trespass Nov. 23, 2016, in Pittsfield; $150 fine.

Bruce A. Bonnevie, 61, of Livermore, loaded firearm or crossbow in motor vehicle Dec. 3, 2016, in Moxie Gore; $200 fine.

April R. Bussell, 40, of Skowhegan, operating while license suspended or revoked Nov. 30, 2016, in Skowhegan; $500 fine. Unlawful possession of scheduled drug Nov. 30, 2016, in Skowhegan, dismissed. Operating while license suspended or revoked Nov. 18, 2016, in Skowhegan; $500 fine.

Gilbert Cook, 65, of Deltona, Florida, placing bait to entice deer Oct. 29, 2016, in Upper Enchanted Township; $100 fine.

Dylan M. Costigan, 29, of Fairfield, motor vehicle speeding more than 30 mph over speed limit Aug. 25, 2016, in Fairfield; $500 fine.

John H. Cunningham, 49, of Fairfield, permitting unlawful use Nov. 30, 2016, in Fairfield, dismissed.

Emily M. Davis, 24, of Skowhegan, negotiating a worthless instrument April 29, 2016, in Skowhegan; $100 fine, $62 restitution.

Brent J. Fall, 24, of Palmyra, placing bait to entice deer Oct. 22, 2016, in Palmyra; $200 fine.

Shelley A. Francis, 39, of Waterville, violating condition of release Nov. 13, 2016, in Fairfield; $200 fine.

Robin J. Frost, 38, of Fairfield, violating condition of release Nov. 23, 2016, in Fairfield; $100 fine.

Zane T. Giguere, 19, of Canaan, hunting on Sunday Oct. 23, 2016, in Canaan; $250 fine; hunting or possessing animal or bird in closed season Oct. 23, 2016, in Canaan; $250 fine; wasting a wild bird or wild animal same date and town, dismissed.

Katie Jo Gillespie, 32, of Skowhegan, disorderly conduct, loud unreasonable noise Nov. 21, 2016, in Skowhegan; $200 fine; criminal trespass Nov. 21, 2016, in Skowhegan; $200 fine. Assault same date and town, dismissed.

Cameron Michael Gover, 21, of Lincolnville, fugitive from justice Jan. 6, 2017, in Skowhegan; extradition ordered.

Victoria L. Gurney, 27, of Fairfield, unlawful possession of scheduled drug Dec. 1, 2016, in Fairfield; $400 fine, 180-day jail sentence suspended, one-year administrative release; unlawful possession of scheduled drug Dec. 1, 2016, in Fairfield; $400 fine, 180-day jail sentence suspended, one-year administrative release. Use of drug paraphernalia same date and town, dismissed.

Jessie L. Guzzetta, 41, of Madison, operating vehicle without license Nov. 12, 2016, in Fairfield, dismissed.

John J. Jones, 58, of New Portland, night hunting Nov. 24, 2016, in Lexington; $1,000 fine, three-day jail sentence; shooting from motor vehicle or motorboat Nov. 24, 2016, in Lexington; three-day jail sentence. Hunting deer after having killed one same date and town, dismissed.

Tyler R. Klink, 25, of Waterville, possession of marijuana up to 1 1/4 ounce Nov. 21, 2016, in Fairfield, dismissed.

Andrew K. Knight, 41, of Rome, shooting animal or bird from public paved way Nov. 17, 2016, in Mercer; $200 fine. Shooting from motor vehicle or motorboat same date and town, dismissed.

Stephanie Lagucki, 33, of Waterville, operating while license suspended or revoked Dec. 2, 2016, in Fairfield; $600 fine, seven-day jail sentence, one-year license suspension.

Chloe I. Leeman, no date of birth listed, of Etna, operating while license suspended or revoked Nov. 29, 2016, in St. Albans; $250 fine.

Jerry M. Libby, 28, of Jackman, violating condition of release Dec. 2, 2016, in Jackman; 48-hour jail sentence. Theft by unauthorized use of property Dec. 2, 2016, in Jackman; 364-day jail sentence, all suspended, one-year administrative release; criminal threatening Dec. 2, 2016, in Jackman; 364-day jail sentence, all suspended, one-year administrative release. Criminal threatening with dangerous weapon, Dec. 2, 2016, in Jackman, dismissed. Violating condition of release Dec. 12, 2016, in Madison; 48-hour jail sentence.

Sean C. Ludden, 45, of Clinton, unlawful possession of fentanyl powder Sept. 23, 2016, in Palmyra; four-year Department of Corrections sentence, all but six months suspended, two-year probation; unlawful possession of cocaine Sept. 23, 2016, in Palmyra; $400 fine, six-month jail sentence; unlawful possession of scheduled drug Sept. 23, 2016, in Palmyra; $400 fine, six-month jail sentence. Violating condition of release Dec. 21, 2016, in Madison; 30-day jail sentence.

Nicholas Madore, 19, of Oakland, use of drug paraphernalia Nov. 16, 2016, in Fairfield; $300 fine; possession of marijuana up to 1 1/4 ounce Nov. 16, 2016, in Fairfield; $350 fine. Minor transporting liquor same date and town, dismissed.

Antonio C. Manasco, 18, of Canaan, possession of tobacco products by minor Nov. 1, 2016, in Skowhegan; $100 fine.

Joni J. McGowan, 38, of Skowhegan, failure to register vehicle Nov. 7, 2016, in Fairfield; $100 fine.

Chester G. Morse, 62, of St. Albans, hunting or possessing antlerless deer Nov. 25, 2016, in Palmyra; $200 fine; operating ATV on public way Nov. 25, 2016, in Palmyra; $100 fine.

Joshua M. Morse, 39, of Hancock, using artificial light to illuminate wild animals Nov. 23, 2016, in Ripley; $500 fine.

Patrick A. Morse, 32, of St. Albans, using artificial light to illuminate wild animals Nov. 23, 2016, in Ripley; $500 fine.

Justin R. Morton, 29, of Canaan, criminal trespass Oct. 4, 2015, in Canaan; $200 fine; assault Oct. 4, 2015, in Canaan; $300 fine.

Megan R. Murchison, 25, of Fairfield, operating while license suspended or revoked Nov. 26, 2016, in Fairfield, $500 fine.

Martin Palasz, 52, of Kingsport, Tennessee, fugitive from justice Jan. 8, 2017, in Sandy Bay Township, dismissed.

Andrew Paradis, 31, of Harmony, shooting animal or bird from public paved way Nov. 26, 2016, in Mayfield Township; $200 fine.

Kathryn Pease, 20, of Fairfield, use of drug paraphernalia Nov. 15, 2016, in Fairfield, dismissed.

William A. Peddie, 48, of Litchfield, loaded firearm or crossbow in motor vehicle Nov. 25, 2016, no town listed; $200 fine.

Horacio Pereira, 53, of Fairhaven, Massachusetts, placing bait to entice deer Nov. 12, 2016, in Athens, dismissed.

Aaron B. Perkins, 19, of Ripley, failing to stop, provide information Nov. 12, 2016, in Ripley; $300 fine. Failing to make oral or written accident report same date and town, dismissed.

Dylan J. Perkins, 25, of Skowhegan, motor vehicle speeding more than 30 mph over speed limit Nov. 18, 2016, in Madison; $500 fine.

Artour Petrosian, 45, of Sherman Oaks, California, commercial vehicle rule violation: operation after disqualified April 22, 2016, in Pittsfield, dismissed.

Randy J. Poirier, 29, of Skowhegan, refusing to submit to arrest or detention, physical force Jan. 12, 2017, in Skowhegan; 24-hour jail sentence. Disorderly conduct, loud unreasonable noise same date and town, dismissed.

Gordon Prentiss, 48, of Skowhegan, operating vehicle without license Oct. 30, 2016, in Skowhegan, dismissed.

Dick E. Raymond Jr., 27, of Fairfield, violating condition of release Nov. 11, 2016, no town listed; 36-hour jail sentence.

David Harley Recore, 21, of Skowhegan, violating condition of release Jan. 8, 2017, in Madison; 12-hour jail sentence; operating while license suspended or revoked Jan. 8, 2017, in Madison; $250 fine, 12-hour jail sentence.

Casey C. Reid, 29, of Pittsfield, theft by unauthorized taking or transfer Nov. 18, 2016, in Palmyra; $200 fine.

Matthew Raymond Ricker, 30, of Solon, rule violation Dec. 7, 2016, in Solon; $100 fine.

Megan K. Roche, 28, of Waterville, possession of marijuana up to 1 1/4 ounce Nov. 13, 2016, in Fairfield; $350 fine.

Joseph E. Roe, 53, of Hartland, operating while license suspended or revoked Nov. 23, 2016, in Hartland; $250 fine.

Brittany Roseberry, 25, of Madison, theft by unauthorized taking or transfer Dec. 8, 2016, in Skowhegan; $200 fine.

Michael J. Seekins, 44, of Canaan, placing bait to entice deer Nov. 2, 2016, in Canaan; $200 fine.

Allen W. Sewall, 31, of Pittsfield, hunting or possessing antlerless deer Nov. 7, 2016, in Pittsfield; $200 fine. Possessing animal or bird in violation same date and town, dismissed.

Shayne I. Sherby, 20, of Waterville, possession of marijuana up to 1 1/4 ounce, Nov. 11, 2016, in Fairfield; $350 fine.

Jared W. Skidgell, 26, of Norridgewock, motor vehicle speeding more than 30 mph over speed limit June 17, 2016, in Canaan; $500 fine.

Daniel L. Spang, 60, of Kennebunkport, failing to present ATV registration Nov. 26, 2016, no town listed; $100 fine.

Shannon L. Tadlock, 46, of Skowhegan, domestic violence assault Dec. 4, 2016, in Skowhegan, dismissed.

David Thibeau, 26, of Starks, operating while license suspended or revoked Nov. 5, 2016, in Madison; $500 fine.

Bryon Tibbetts, 51, of Ripley, using artificial light to illuminate wild animals Nov. 23, 2016, in Ripley; $200 fine; loaded firearm or crossbow in motor vehicle Nov. 23, 2016, in Ripley, $200 fine.

Geno Toppi, 62, of Skowhegan, disorderly conduct, offensive words, gestures Nov. 14, 2016, in Skowhegan; $200 fine.

Claude C. Tozier IV, 35, of St. Albans, motor vehicle speeding more than 30 mph over speed limit Nov. 27, 2016, in Canaan; $500 fine.

Steven Vachon, 50, of Buxton, failure to remove animal from trap May 3, 2016, in Parlin Pond Township; $100 fine; rule violation Nov. 14, 2016, in Soldiertown Township; $100 fine. Failure to visit traps in unorganized town, Nov. 19, 2016, in Soldiertown Township, dismissed.

Joe D. Vereen, 34, of Brunswick, violating condition of release Oct. 15, 2016, in Hartland; 24-hour jail sentence. Violating protection from abuse order same date and town, dismissed.

Natasha Lynn Vicaire, 28, of Skowhegan, theft by receiving stolen property Oct. 1, 2016, in Canaan; $500 fine.

Mathew R. Vigue, 27, of Athens, discharging firearm or crossbow near dwelling Nov. 24, 2016, in Cornville; $300 fine. Failing to attach deer tag to deer same date and town, dismissed.

Payson Viles, 18, of Fairfield, failure to register vehicle Dec. 1, 2016, in Fairfield; $100 fine; operating vehicle without license Dec. 1, 2016, in Fairfield; $100 fine. Attaching false plates same date and town, dismissed.

Andrew F. Walker, 58, of Canaan, operating under the influence Nov. 3, 2016, in Canaan; $500 fine, four-day jail sentence, 150-day license suspension. Operating vehicle without license same date and town, dismissed.

Emily M. Walker, 24, of Skowhegan, possessing suspended driver’s license Sept. 21, 2016, in Fairfield, dismissed.

Christopher N. Wallace, 26, of Fairfield, attaching false plates Aug. 4, 2016, in Fairfield; $100 fine.

Ashley White, 34, of Anson, operating vehicle without license Oct. 22, 2016, in Anson; $150 fine. Failing to provide correct name, address same date and town, dismissed.

Nicky L. Witham, 44, of Fairfield, operating while license suspended or revoked Nov. 19, 2016, in Fairfield; $250 fine.


Kennebec Journal Feb. 5 police log

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AUGUSTA

Saturday at 7:13 a.m., simple assault was reported on Eight Rod Road.

11:09 a.m., suspicious activity was reported on Townsend Road.

12:16 p.m., a well-being check was performed on Western Avenue.

3:28 p.m., theft was reported on Tasker Road.

5:20 p.m., a well-being check was performed on West River Road.

6:00 p.m., a mental health and well-being check was performed on North Belfast Avenue.

6:42 p.m., a well-being check was performed on Winthrop Court.

7:02 p.m., a disturbance was reported on Northern Avenue.

7:28 p.m., criminal threatening was reported on Northern Avenue.

8:01 p.m., a traffic hazard was reported on Western Avenue.

8:02 p.m., a well-being check was performed on Western Avenue.

10:14 p.m., a disturbance was reported on Western Avenue.

11:10 p.m., a well-being check was performed on Newland Avenue.

11:13 p.m., suspicious activity was reported on Western Avenue.

11:38 p.m., a disturbance was reported on Washington Street.

11:48 p.m., suspicious activity was reported on Pierce Drive.

Sunday at 12:36 a.m., criminal threatening was reported on Western Avenue.

1:40 a.m., a disturbance was reported on Washington Street.

2:25 a.m., a disturbance was reported on Winthrop Court.

3:08 a.m., suspicious activity was reported on Brentwood Road.

3:45 a.m., suspicious activity was reported on Alden Avenue.

6:58 a.m., counterfeiting was reported on Civic Center Drive.

ARRESTS

AUGUSTA

Saturday at 11:30 a.m., Zachary William Wood, 24, of Augusta was arrested on a warrant after an attempt to locate was performed on Water Street.

9:07 p.m., Amanda Veilleux, 32, of Augusta was arrested on a warrant after an attempt to locate was performed on State Street.

Cote appeals murder conviction to Maine Supreme Judicial Court

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PORTLAND — Jason Cote is asking the state’s highest court to overturn his murder conviction in the bludgeoning death of Ricky Cole in Detroit in 2013.

The Maine Supreme Judicial Court on Monday heard arguments in the appeal in which Cote, through attorney Verne Paradie Jr., challenged three areas.

Cote says the prosecutor focused too much on an allegation he “stomped” on Cole’s head while testimony proved inconclusive, that more of Cote’s statements to police should have been suppressed since he was not given warnings earlier about his rights, and that there was sufficient evidence to believe Cote acted in self-defense because Cole had used a knife to threaten Cote.

Cote was sentenced a year ago to 45 years in prison for the slaying. He is at the Maine State Prison and his earliest release date is in June 2052, according to the state Department of Corrections website.

The state, through Assistant Attorney General Donald Macomber, says the jury got it correct and the conviction should stand.

At his trial Cote testified that Cole had asked him to come to his home in Detroit on July 17 to talk and had promised him drugs in return.

“I chose to go there because I was a drug addict and I wasn’t going to say no to doing drugs,” he said.

The Maine Supreme Judicial Court issues its rulings in writing, sometimes months after oral arguments.

On Monday, Associate Justice Ellen Gorman quizzed Paradie about the stomping issue and noted the medical examiner’s testimony about an injury to the right side of Cole’s face that corresponded to the imprint of boot or shoe.

“Wasn’t the prosecutor well within her rights to argue that to the jury?” Gorman asked.

Paradie said the injury could have been caused by other things.

“My argument is the prosecutor took it too far by insisting that was the manner of death,” he said.

The judges asked if it mattered whether Cole died from the stomping or from being beaten with a pipe.

Paradie said it matters to Cote’s self-defense claim.

Paradie also argued that Cote was in custody when he was in a police cruiser being questioned about Cole’s death but not given Miranda warnings.

The justices seemed to side with Paradie there, remarking about how Cote was not allowed to go inside a home to use the bathroom, but instead sent into the woods with a dirty paper towel to use to wipe himself.

Paradie argued that while the court uses a “reasonable person” standard to determine whether a person is in custody, some defendants lacking much education might not realize when they are free to leave.

Macomber kept his oral presentation confined to the question of when Cote was found to be in custody, saying the judge who heard the motion to suppress argument correctly applied the law.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Teenager accused of firing three shots into a Canaan house with children

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A 17-year-old boy was arrested late Friday on felony charges alleging that he fired shots into a house in Canaan as family members, including eight children, cowered on the floor and escaped injury.

The boy allegedly used a .22-caliber handgun to fire three shots — one through the kitchen window, one through the living room window and one through an upstairs bedroom wall, according to Somerset County Sheriff Dale Lancaster.

“We are fortunate that no one was injured at the home and that this dangerous situation was resolved without anyone being harmed,” Lancaster said Monday.

The incident happened at about 7:30 p.m. Friday on Mud Run Road in Canaan. Lancaster said police believe the boy had been drinking.

The initial call came in as a threatening complaint, Lancaster said. The woman caller told a dispatcher at the Somerset County Regional Communications Center that there were three young men outside firing a weapon in the direction of her home.

Cpl. Richie Putnam, Deputy Dan Armiger and Deputy Toby Blodgett responded to the scene. They were later assisted by Maine State Police troopers, the Pittsfield Police Department, Clinton Police Department and a juvenile corrections officer.

Police said they were not identifying the boy because of his age. If he is formally charged with a felony in a juvenile petition, his name can be released at that time.

“A 17-year-old male, who was later arrested, had brought alcohol and three handguns to the residence during the visit, which started earlier that evening,” Lancaster said.

He said the youth became agitated when approached by the boyfriend of the homeowner and a confrontation ensued, in which the boy allegedly made threats toward the boyfriend. The boy then began shooting into the house with a handgun, Lancaster said.

“During the discharging of the firearm, the property owner was hiding on the floor of her home with her children, ranging in age from 2 to 16,” he said, adding that six of the children live at the home and two others were visiting.

The boy later was found at a house on Hill Road in Canaan, where he allegedly became aggressive toward police who were able to restrain him and place him under arrest.

The boy was taken to Mountain View Correctional Center in Charleston. He is charged with reckless conduct with a dangerous weapon, a Class C felony, and with criminally threatening with a dangerous weapon, also a Class C felony. He is charged additionally with refusing to submit to arrest and assault, both Class D misdemeanors.

His arraignment in court is scheduled for Monday afternoon. The sheriff’s office will be working with the Somerset County District Attorney’s Office as the investigation continues, Lancaster said.

Doug Harlow — 612-2367

dharlow@centralmaine.com

Twitter:@Doug_Harlow

Kennebec Journal Feb. 6 police log

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AUGUSTA

Sunday at 8:42 a.m., a disturbance was reported on Washington Street.

10:52 a.m., a disturbance was reported on Gannett Street.

1:07 p.m., shoplifting was reported on Cony Street.

2:18 p.m., a traffic hazard was reported on Dayton and Lincoln streets.

5:59 p.m., a 63-year-old Oakland man was issued a summons on a charge of operating under the influence.

9:21 p.m., harassment was reported on Western Avenue.

11:15 p.m., suspicious activity was reported on Bangor Street.

11:27 p.m., criminal trespass was reported on Riverside Drive.

Monday at 12:49 a.m., suspicious activity was reported on State Street.

1:19 a.m., disorderly conduct was reported on North Street.

6:37 a.m., a well-being check was performed on Medical Center Parkway.

CHELSEA

Friday at 4:40 p.m., assault was reported by a caller on Truman Drive.

GARDINER

Friday at 9:02 p.m., a disturbance was reported on Costello Road.

Sunday at 10:57 p.m., a disturbance was reported on Autumn Street.

MONMOUTH

Saturday at 11:46 a.m., suspicious activity was reported on Wilson Pond Road.

2:42 p.m., a well-being check was performed on Wilson Road.

8:57 p.m., suspicious activity was reported on Norris Hill Road.

Sunday at 8:21 p.m., threatening was reported on Blue Rock Road.

PITTSTON

Saturday at 2:38 a.m., an 18-year-old West Gardiner man was issued a summons on a charge of operating under the influence and another 18-year-old West Gardiner man was issued a summons on a charge of a minor consuming liquor after a traffic accident was reported on Smithtown Road.

WINDSOR

Friday at 2:49 p.m., a 41-year-old Augusta man was issued a summons on a charge of unlawful possession of a scheduled drug after a passed-out person was reported on Augusta-Rockland Road.

WINTHROP

Friday at 11:26 a.m., fraud was reported on Main Street.

4:18 p.m., a suspicious person was reported on Charles Street.

8:09 p.m., theft was reported on Main Street.

8:45 p.m., a well-being check was performed on Journey’s End Lane.

11:28 p.m., disorderly conduct was reported on Union Street.

Saturday at 8:35 a.m., criminal mischief was reported on Town Hall Lane.

10:50 a.m., criminal mischief was reported on Nottingham Road.

5:03 p.m., property was recovered on Town Hall Lane.

5:07 p.m., an overdose was reported on Mallard Lane.

7:11 p.m., animal cruelty was reported on Maranacook Road.

10:24 p.m., a weapon offense was reported on Nottingham Road.

ARRESTS

AUGUSTA

Sunday at 1:31 a.m., Leona M. Peaslee, 30, of Augusta was arrested on a charge of aggravated assault after an assault was reported on North Street.

GARDINER

Saturday at 3:01 a.m., Timothy William Estabrook, 35, of Sidney was arrested on a warrant after a well-being check was performed on Bridge Street.

Stolen Fairfield car found in Vassalboro

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FAIRFIELD — A car stolen from a home on Crane Drive last month that the owner initially thought had been repossessed was found in Vassalboro at the end of January.

Fairfield Police Capt. Paul St. Amand said the 2011 maroon Nissan Altima, which had been set to be repossessed by the bank, was discovered in Vassalboro on Tuesday, Jan. 31, by the Kennebec County Sheriffs Office. He said the car was not reported to be damaged, and the Kennebec County Sheriffs Office had processed the vehicle for any DNA evidence.

There are no suspects in the case, St. Amand said, and it was not clear how or why the car made it to Vassalboro.

The car disappeared from a driveway on Crane Drive on Jan. 12, but was not immediately reported as stolen. The car’s former owner, whose name was not release by the police, had signed the car back over the bank. He had cleaned the car out and left the keys under the vehicle.

According to police, the car’s former owner believed the vehicle had been repossessed by the bank, which is why he didn’t report a theft. However, the bank later reached out to the former owner about the vehicle’s whereabouts, which is when it was reported stolen.

Colin Ellis — 861-9253

cellis@centralmaine.com

Twitter: @colinoellis

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