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Sebago man sentenced in Togus drug thefts

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A Sebago man was sentenced Tuesday in U.S. District Court in Portland to two years of probation for theft from interstate shipments.

Jeffrey P. Wheeler Jr., 31, pleaded guilty on Sept. 28. In addition to his sentence, Wheeler was ordered to pay $1,376 in restitution.

Federal prosecutors say the Department of Veterans Affairs received complaints from five outpatient veteran clinics reporting they had not received shipments of narcotics from the outpatient pharmacy at the veterans’ hospital at Togus.

Those five shipments were routed through the United Parcel Service facility in South Portland, where Wheeler was working. With the cooperation of UPS investigators, federal agents tracked subsequent narcotics shipments, which led them to Wheeler.

Included in the stolen shipments were oxycodone, Percocet, suboxone and Adderall, a stimulant that is used to treat attention deficit hyperactivity disorder.


Waterville felon to serve 15 years in federal prison for possessing ammunition

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A Waterville man who formerly lived in Winthrop will spend 15 years in federal prison for being a felon in possession of ammunition.

Brian T. Mulkern, 35, was sentenced Thursday in U.S. District Court in Bangor. Mulkern had pleaded guilty to the charge on Aug. 15, 2015.

Mulkern had previous felony convictions for burglary and robbery and attempted trafficking in heroin.

He most recently had received a 28-month sentence in state prison for the trafficking offense, which occurred in February 2012 in Winthrop.

Mulkern was arrested Aug. 26, 2014, in possession of 10 rounds of 9-millimeter ammunition, which the U.S. Attorney’s Office said he stole during a daytime burglary of a residence where an 11-year-old girl was home alone.

At the time, Winthrop police said Mulkern surprised the girl, who called police and then fled to a neighbor’s home. A Winthrop officer then tackled Mulkern as he tried to get on his motorcycle to flee.

“The defendant was captured by local police at the scene of the burglary with the ammunition in his backpack,” the prosecutor’s office said in a news release. “He told police that he tried to steal a handgun located in a safe in the home during the burglary. He was unable to open the safe.”

U.S. District Court Judge John A. Woodcock Jr. found that Mulkern was subject to the Armed Career Criminal Act because of his criminal history, and the 15-year sentence — imposed as 180 months — was the minimum under that act.

The 15-year prison sentence is to be followed by five years of supervised release.

Mulkern’s attorney, Jon A. Haddow Jr., said Mulkern addressed the judge at the sentencing hearing.

“He said he was sorry that his (drug) addiction had led him to the conduct and to the life he’s led,” Haddow said.

The prosecutor was Assistant U.S. Attorney Jodi B. Mullis. According to the U.S. Attorney’s Office, the investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Winthrop Police Department.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Boyfriend of Portland cold-case murder victim sentenced to 18 months on gun charge

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Cory Girard of Yarmouth was sentenced Thursday to serve 18 months in prison for illegally having a pistol in a Portland apartment when he and his ex-girlfriend were shot in 2010, resulting in her death.

Girard, 27, stood in U.S. District Court in Portland during the sentencing hearing and apologized to his family and friends who were there to support him and to the parents of the late Darien Richardson, seated in the back of the courtroom.

“Every day, I have this guilt on my shoulders,” Girard said. “It’s almost a relief to get sentenced.”

Judge D. Brock Hornby allowed Girard to remain free on bail until Feb. 26, when he must report to federal prison to begin serving his sentence.

Although authorities say Girard played no role in the shooting on Jan. 8, 2010, that led to Richardson’s death, police have said from early on that the shooting was related to Girard’s illegal business at the time as a drug dealer.

Portland police have continued to investigate Richarson’s cold-case murder for years. Early on, Girard was uncooperative. But after being arrested on Nov. 19, 2014, on the federal charge of possession of a firearm by an unlawful user of controlled substances, Girard began cooperating with detectives working on Richardson’s case.

“After he was charged, he provided a level of cooperation to state and local authorities. That resulted in legal processes that moved the (murder) case forward slightly,” Assistant U.S. Attorney Darcie McElwee said after Girard’s sentencing.

McElwee argued during the sentencing hearing that Girard’s illegal business selling drugs is what led him to interact with other drug dealers, who Portland police suspected in the shooting.

“This was incredibly reckless and unfortunately dangerous behavior that resulted in a tragedy,” McElwee said.

Richardson, 25, initially survived wounds to her thigh and hand, but died unexpectedly on Feb. 28, 2010, while visiting a friend in Miami, from a blood clot caused by her wounds. No suspect has ever been named in the shooting. Girard was shot in the arm.

Girard’s pistol was a .45-caliber semi-automatic, the same caliber weapon used to shoot him and Richardson, but authorities have determined that Girard’s was not the gun used.

At the time of the shooting, Girard was dealing “large amounts” of oxycodone between New York and Maine, McElwee wrote in a prosecution document filed with the court.

“The firearm was seized by the Portland police from the bedroom on the night of the shooting. Also seized from the bedroom that same night were approximately 193 counterfeit 80 mg Oxycontin pills and approximately 2.7 grams of marijuana,” McElwee wrote. “On about Jan. 8, 2010, the defendant was a daily user of marijuana and had been since the time of the firearm purchase in October 2009, having smoked marijuana as recently as the night of the shooting.”

Girard pleaded guilty to the charge last Oct. 1.

Hornby also sentenced Girard to serve three years of supervised release following completion of his prison term.

The judge listened during the hearing as Girard described overcoming his addiction to opiates a couple years after Richardson’s death and how he has turned his life around since then, reconnecting with his friends and family.

“I have my values back. I have my family back. I have my friends back,” Girard said. “I am the man I want to be.”

Girard’s sister, Jayme Girard, also spoke at the hearing, describing her brother as a “completely different person” now than he was at the time of the shooting.

Hornby warned of the danger of firearms and drug dealing, but he also wished Girard luck with his life after serving the prison sentence.

“It’s often said that drugs and weapons are a recipe for disaster,” Hornby said. “Here’s the case that proves what the combination of drugs and weapons can do. You purchased this weapon you had because you thought you needed the protection because of the activities you were involved in.”

Richardson’s parents, Judith and Wayne Richardson, attended the hearing, but did not speak. They declined to comment through a victim/witness coordinator before leaving the courtroom.

CVS in Portland is robbed at knifepoint

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The CVS pharmacy at 449 Forest Ave. was robbed at knifepoint Thursday evening, according to Portland police.

Sgt. Jeff Viola said a white man who was wearing a scarf over his face entered the store around 6:13 p.m. and demanded cash from the clerk while showing a knife.

The employee handed over an undisclosed amount of cash to the robber, who turned and fled out the door. No injuries were reported.

Viola said it was difficult to describe the suspect, who was wearing several layers of clothing. Portland police plan to release surveillance video of the robbery on Friday.

Hallowell bank robber sentenced to more than 9 years in federal prison

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BANGOR — When John Cecil Slater robbed a Hallowell bank branch in June 2014, armed with a loaded gun in his pocket and claiming to have a hand grenade, he didn’t need the money.

He was receiving $3,433 monthly in veteran’s disability and Social Security benefits when he demanded $15,000 from a bank employee.

Slater’s income was listed in documents filed in federal court by his attorney, William S. Maddox, in advance of Friday’s sentencing hearing in U.S. District Court in Bangor.

“At the time of the offense, defendant was in good financial condition, having just purchased a new home and vehicle,” Maddox wrote, adding that Slater still does not know why he committed the robbery. Slater could only speculate that, on the eve of being financially independent and secure, “he subconsciously needed the stricture of institutional life.”

Slater, 68, most recently of Gardiner, will now spend the next 115 months — more than nine years — in a federal penitentiary. If he serves that entire sentence, he would be 77 years old when he’s eligible for release.

U.S. District Court Judge John A. Woodcock Jr. imposed the maximum term available under federal sentencing guidelines during the hearing Friday morning, saying Slater had one of the longest and most persistent criminal histories he had seen.

“You seem like a gentle soul today in the courtroom, but you weren’t a gentle soul that day in Hallowell,” Woodcock said.

“Ever since I got back from Vietnam, I don’t feel like I belong anywhere,” Slater said at the hearing. “I’m not comfortable in the community and I don’t like being in prison.”

Slater’s hands and lower arms shook as he stood to respond to the judge’s questions about his education, his medicine regime and other topics.

“I haven’t had any alcohol in 34 years,” Slater said. He disputed a finding in his pre-sentence report that he had spent several periods in custody in Texas. He agreed with the statement that he was convicted in 1983 of stealing a truck and served time for that.

The hearing was more like a dialogue, as Slater interrupted the judge occasionally to comment.

“For the teller that day, you became her worst nightmare,” Woodcock said.

He said Slater not only met her face to face, but he was armed. “And she knows that now. She knows she sat across from a man who had a loaded gun in his pocket and was threatening to kill her.”

Woodcock told Slater, “You have committed the worst crime of your life in your late 60s.”

Maddox submitted background and financial information to the court as part of his argument that Woodcock should impose a lesser sentence than the 92 to 115 months guideline sentence calculation. That calculation takes into account Slater’s criminal history, which includes a series of state and federal crimes, including sex offenses, forgery and theft, among others.

Slater, who pleaded guilty in October 2014 to the bank robbery, wanted his guideline sentence reduced because of his mental and emotional condition and his military service.

Most recently, he had served a 60-month sentence after a conviction for being a felon in possession of a firearm and a two-year sentence for forging checks, according to the prosecutor, assistant U.S. Attorney F. Todd Lowell.

Information cited from the pre-sentencing report says Slater was in the military from 1968 to 1971, including 169 days of active duty in Vietnam.

The note Slater used in the June 23, 2014, robbery in Hallowell stated: “Im Here to Rob your Bank, no silent Alarms my cell Phone rings, your all dead, I have a hand genade, and a gun, no marked bills, or inked, if so, one day I will come back and kill all of you, do you understand.???” Slater did not actually have a hand grenade.

Lowell told the judge at the hearing that Slater terrorized not only the individual teller and the other bank employees, but also the community itself.

“It shouldn’t be an act of bravery to go to work in a bank,” Lowell said.

Because of Slater’s extensive criminal history, Lowell said, “he has demonstrated convincingly he has no place in our society.”

Lowell asked for a sentence of 115 months in prison, the top of the guideline range, as well as three years of supervised release.

Maddox suggested a sentence of 48 months, well below the minimum guideline of 92 months.

Maddox said Slater has enough money in his VA account to pay the $15,000 restitution fully as soon as the paperwork is processed. Between $1,000 and $2,000 of the money was recovered when Slater was arrested, and a 2002 motorcycle he bought with some of the stolen money was turned over to the government.

“He had moved to a new place and he liked it, and he had a new vehicle,” Maddox said. “It just doesn’t make any sense.”

Slater told the judge he was sorry for robbing the bank and for leaving the woman in fear.

“I never showed her my gun.” Slater said.

“But you had one,” Woodcock responded.

“I had one in my coat pocket,” Slater acknowledged.

“And it was loaded,” Woodcock said.

Slater requested placement at either the Federal Medical Center Devens in Devens, Massachusetts, or the Federal Medical Center Butner in Butner, North Carolina, “in order to properly assess and treat his Parkinson’s disease, PTSD, anxiety, depression and left arm paralysis, arthritis, as well as his the lesion on his nose,” Maddox wrote. “Defendant feels that his conditions will get worse.”

Woodcock recommended placement in a federal medical facility.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

Five charged with selling crack cocaine in Bangor

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From staff reports

Four men and one woman from Massachusetts, New York and Maine were charged Thursday with trafficking drugs after a joint investigation by the Maine Drug Enforcement Agency and Bangor police.

Drug agents and police stopped a car on South Park Street in Bangor late Thursday as part of an investigation of a group responsible for distributing crack cocaine and other drugs in Greater Bangor, according to Stephen McCausland, spokesman for the Maine Department of Public Safety.

Officers seized about 135 grams of cocaine base or crack cocaine, about 8 grams of MDMA, commonly referred to as ecstasy, and $1,200 in cash during the stop, he said.

The following persons were arrested:

n Richard “Porter” Raymond, 23, of Boston, was charged with two counts of Class A aggravated trafficking in schedule W drugs and Class B unlawful possession of schedule W drugs. Raymond, who has a prior drug conviction, was also wanted on an outstanding warrant in Maine for unpaid fines for a drug offense. He is also wanted in Massachusetts on a charge of auto theft.

n Lakeem “Santana” McFadden, 32, of Brockton, Massachusetts, was charged with two counts of Class A trafficking in schedule W drugs. McFadden also has a prior drug conviction.

n Taleek McFadden, also known as “Peasley” and “Dante,” 27, of Brooklyn, New York, was charged with aggravated Class A trafficking in schedule W drugs. He is also wanted on an outstanding federal probation warrant in New York on a charge of cocaine trafficking.

n Patrick Whipple, 37, of Bangor, was charged with two counts of Class A trafficking in schedule W drugs, one aggravated. Whipple has a prior drug conviction.

n Katherine White, 63, of Hampden, was charged with Class B trafficking in schedule W drugs and Class D possession of schedule W drugs.

The five were taken to the Penobscot County Jail and were scheduled to appear in Bangor Unified Court on Friday afternoon.

Investigators secure suspected meth lab near Lewiston police station

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Maine Drug Enforcement Agency officers and Lewiston police took two men into custody and secured an apartment in downtown Lewiston on Friday because of a suspected methamphetamine lab.

Officials received information about possible meth manufacturing in an apartment at 333 Lisbon St., close to the police station, just after midnight Thursday.

Items consistent with meth manufacturing were discovered at the apartment, police said.

Joseph Marcous, 29, who rents the apartment, and Samuel Johnson, 28, were charged Friday afternoon with manufacturing meth, according to Stephen McCausland, spokesman for the Maine Department of Public Safety.

About 20 people were evacuated from the multi-unit building, and the MDEA’s clandestine laboratory enforcement team was dispatched to the scene.

Friday’s incident was the MDEA’s sixth meth response this year.

Somerset County indictments handed up

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SKOWHEGAN — A Skowhegan man who allegedly assaulted two people with a two-by-four in January in Canaan was among 16 people indicted last week by a Somerset County grand jury.

Daniel W. Gordon, 26, is charged with two counts of felony assault and with domestic violence assault and violating a protection order, both misdemeanors, on New Year’s Day.

An indictment is not a finding of guilt, but is a determination that enough evidence in a case is present to proceed with a trial.

Also indicted were:

• Herbert Hampe, 52, of Athens, charged with eluding a police officer, Aug. 24 in Harmony.

• Robert Hamilton, 35, of New Portland, charged with operating under the influence and operating beyond license restriction, Aug. 30 in New Portland.

• Kodi Merrill, 30, of Norridgewock, charged with three counts of forgery, Nov. 17 in Anson.

• Leon Maloon, 59, of Ripley, charged with violation of the condition of release, Dec. 9 in Madison.

• David Bowring, 25, of Clinton, charged with criminal threatening with a dangerous weapon, Dec. 16 in Palmyra.

• Scott Lessard, 50, of Skowhegan, charged with aggravated assault and domestic violence assault, Dec. 3, in Skowhegan.

• Allen Asselin, 26, of Skowhegan, charged with aggravated assault, Feb. 15 in Skowhegan.

• Malcolm A. Pinkham Jr., 45, of Bingham, charged with two counts of assault, Aug. 15 in Moscow.

• Nathan R. Avery, 32, of Cornville, charged with operating under the influence, operating after suspension and operating beyond license restriction, Dec. 31 in Canaan.

• Jaime M. Gerry, 27, of Pittsfield, charged with three counts of theft and five counts of violating the conditions of release, Oct. 17-21 in Palmyra.

• Nathaniel Whitten, 19, of Augusta, charged with theft, May 26-Oct. 1 in Smithfield.

• Casey E. McDonald, 28, of Cornville, charged with aggravated criminal mischief, Dec. 24 in Solon.

• Archie Brown, 41, of Madison, charged with aggravated assault, Dec. 30 in Madison.

This list has been updated since its initial publication Jan. 30.


Man accused of arson in 2014 house fire in Stonington

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A Deer Isle man was arrested Friday and charged with arson and aggravated criminal mischief in connection with a 2014 house fire in Stonington.

The charges against David Smith, 47, stem from a Nov. 15, 2014, fire that destroyed a house at 25 Sunset Drive.

The State Fire Marshal’s Office said the house was owned by Michael Hutchinson, who lives next door. Hutchinson had bought the two-story house and planned to tear it down.

Fire marshals said Smith had been hired by Hutchinson to help clean out the house.

No one was hurt in the fire.

Smith was released on bail and is scheduled to appear in District Court in Ellsworth in February.

 

Racing drew them together, something darker tore them apart

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SCARBOROUGH — It was 4 a.m. on Oct. 29, 2014, when Andy Cusack awoke to the sound of his cellphone ringing. On the other end was an old friend, Sean Caisse, and he sounded upset, Cusack later told police.

When they first met more than a decade ago, Caisse was a gawky teenager with dreams of NASCAR stardom. Cusack, the owner of Beech Ridge Motor Speedway and a kingmaker in the local racing community, became his mentor.

But by that chilly night in 2014, the two had not seen each other in more than a year, not since a bitter falling out, when Caisse went to the local police and made vague, sexually charged accusations against Cusack. The allegations never resulted in charges, but they drove a wedge between the two friends.

Shortly after the phone call, Cusack opened his front door to Caisse.

Six hours later, when police arrived, they found Cusack covered in his own blood from head to toe. He had a broken nose, cuts on his face, deep lacerations on one leg, several broken ribs and a punctured lung. His pinky finger was broken so badly that bone protruded from the skin. He told police he had been dragged around the house, duct-taped and tied to a chair and beaten all over his body. His silver Corvette was missing from his garage, along with a couple of thousand dollars in cash.

“Given the severity of his bad appearance, I was surprised to see Cusack conscious and alert,” Scarborough police Sgt. Steven Thibodeau wrote later in a report.

Still, Cusack gave a detailed statement and identified his attacker as Sean Caisse.

Less than 48 hours later, Caisse was arrested in Moorseville, North Carolina, and later extradited to Maine on charges of robbery, theft by unauthorized taking, and two counts each of aggravated assault and elevated aggravated assault. He faces 30 years in prison if convicted.

Despite the shocking nature of the crime and the swift work by detectives, the case was never disclosed to the media by Scarborough police, some of whom are close friends with Cusack and work security details at his track.

Neither Caisse nor Cusack would speak to a reporter about the incident or their relationship, and Scarborough police declined to discuss the case, saying it’s still under investigation. But a review of court documents, interviews with relatives and friends, and an examination of police investigative reports obtained by the Maine Sunday Telegram show how a talented, ambitious race driver came to lash out at a man who was one of his closest confidants and remains today among the community’s most prominent business owners.

“Andy and Sean were friends,” said Felicia Knight, a public relations professional hired by Cusack to handle questions about the attack. “Sean betrayed that trust in myriad ways, not the least of which was this criminal beating.”

Now, prosecutors and Caisse’s attorney appear to be girding for a trial, potentially dragging a convoluted, bizarre story into the public light.

“We intend to vigorously defend him against these charges and are confident that when the entire story is revealed he will be exonerated,” said Caisse’s attorney, Richard Berne.

* * *

Sean J. Caisse

Sean J. Caisse

Sean Caisse was 16 when he boarded a flight that would change his life.

It was 2002, and Caisse, his sister and parents were returning to New Hampshire from a vacation in Daytona, Florida, said Gisele Caisse, Sean’s mother. Caisse was seated next to a lean, clean-cut man with short hair. It was Andy Cusack.

The conversation shifted to racing, and Gisele Caisse listened as her son told about his career racing go-karts and hobby stock cars.

“It was really interesting, because for the first time I heard Sean tell (somebody) his life story,” Gisele said.

The arc of his career is a familiar one in the world of competitive motor sports. Caisse started at age 10 racing go-karts, first in Massachusetts and then in Pelham, New Hampshire, where he grew up. It was a father-son activity that took on a larger dimension.

Far from rinky-dink boardwalk amusements, the simple, low-slung karts reveal every glimmer of natural ability, and Caisse was a standout.

“It was pretty evident right from the start,” Gisele Caisse said. “It was something he had a real knack at. He began winning races.”

From 1996 to 1999, Caisse won seven karting track championships in four divisions, according to a driver biography published online.

Cusack was polite and friendly during the airplane conversation, but he did not let on that he, too, grew up around race cars, or that he was the owner of Maine’s most successful speedway, Gisele Caisse said.

Within a week, a card arrived in the mail from Cusack, thanking Caisse for the conversation and for sharing his snacks. Cusack revealed in the letter that he was the owner of Beech Ridge, and said he’d be watching out for Caisse. Later, he would even go to see him race in Lee, New Hampshire.

The Caisse family welcomed Cusack into their son’s life and knew that the friendship could help make the difference in their son’s racing career.

“He was a very highly respected NASCAR-affiliated track owner, and at that point we knew Sean had some strong talent,” Gisele Caisse said. “When you make a connection with anyone who is NASCAR-affiliated, you want to keep that connection because you never know who can help you move up to the next level.”

* * *

Sean Caisse celebrates his victory in the NASCAR Busch East auto race at Dover International Speedway in Dover, Del., in September 2007. Photogenic and well-spoken, Caisse was a natural in the racing world, his mother said.

Sean Caisse celebrates his victory in the NASCAR Busch East auto race at Dover International Speedway in Dover, Del., in September 2007. Photogenic and well-spoken, Caisse was a natural in the racing world, his mother said.

Racing’s minor leagues are littered with drivers who have more talent than money, a product of the astronomical cost of fielding a successful race team. While some teams are self-funded, most rely on money from companies that use the cars as high-speed billboards for their brands, hoping a driver’s success at the track will transfer to positive exposure and sales.

With Cusack’s guidance, Caisse learned about the professional courtships, away from the thunderous spectacle on track, that make the sport possible.

Caisse, photogenic and well-spoken, was a natural, his mother said. He and his father made inroads with Casella Waste Systems, a sponsorship deal that allowed Caisse to compete professionally.

Cusack and Caisse traveled extensively together as Caisse’s career took off. Away from racing during the wintertime, Cusack, Caisse and others would take weekend trips to Cusack’s camp in Portage to snowmobile.

By 2005, Caisse landed a seat racing in the NASCAR K&N Pro Series East tour.

Andy Santerre, a respected Maine racer and fellow competitor that year, remembered Caisse as a fast and clean driver.

At a race at Dover International Speedway that year, Caisse was leading the field when Santerre worked his way forward, trailing the teenager.

“He knew I was going to pass him, and he put his hand out the window to wave me by,” Santerre said in an interview. “He was very respectful to us veterans.”

A year later, when Santerre started his own team based out of Mooresville, North Carolina, he hired Caisse to drive for him. Santerre and Caisse were successful, placing second in the series championship in 2006 and 2007, earning the team about $162,000 and about $80,700 in prize money, respectively.

All the while, Caisse and Cusack remained close friends. Santerre said that he paid Caisse a modest commission on his winnings, but Cusack also helped support the driver, buying him nice clothes, a car, a four-wheeler and a motorcycle, Santerre said.

At one point, because of the amount of money Cusack had lent Caisse over the years and the risk involved in the sport, Cusack took out an insurance policy on Caisse, according to investigatory records.

Caisse appeared to trust his mentor completely, granting Cusack power of attorney.

Around 2008, Caisse moved to Mooresville, North Carolina, one of NASCAR’s hotbeds of development. The career he dreamed of appeared to be within reach. He met a woman, Whitney Kay, and together they looked the part – he a handsome and talented race driver, she an aspiring model with blond hair, tan skin and a radiant smile.

But his timing was unfortunate.

Just as Caisse was looking to move up to a bigger, more competitive racing series, the world economy faltered. Sponsorship dollars, including his deal with Casella, evaporated.

“I really didn’t have anything going,” Caisse said in a June 2009 profile published in the Lowell Sun newspaper in Massachusetts. That year Caisse drove in only six races. At one point, he was down to his last $86, he said.

Steady seat-time was hard to come by. Between 2008 and 2010, Caisse drove in only 16 races, far from a full schedule. Prospects were slim.

His girlfriend got pregnant, and on March 8, 2010, the couple wed. Seven months later, Caisse’s daughter, Brielle, was born.

Over the next few years, it is not clear how he supported himself. At one point, Caisse briefly took a sales job selling racing equipment, a far cry from the podium finishes he was known for.

Life for the aspiring racer was about to become infinitely more complicated.

Sean Caisse spins out during a qualifying heat for the NASCAR Nationwide Ford 300 auto race in November 2010 in Homestead, Fla. Piece by piece, between 2010 and 2012, Caisse’s personal and professional life disintegrated.

Sean Caisse spins out during a qualifying heat for the NASCAR Nationwide Ford 300 auto race in November 2010 in Homestead, Fla. Piece by piece, between 2010 and 2012, Caisse’s personal and professional life disintegrated. The Associated Press

* * *

Piece by piece, between 2010 and 2012, Caisse’s personal and professional life disintegrated.

The first to give way was his marriage. After 17 months and two days, the couple separated, and Kay filed for divorce a month later in October 2011.

Before the divorce was finalized, Caisse’s father, James A. Caisse, died unexpectedly in February 2012.

Caisse was shattered.

“His dad passed away at a very critical time in Sean’s life,” Gisele Caisse said. “He was going through a divorce. His racing career had pretty much come to an end.”

In divorce documents filed in North Carolina, Kay alleged that Caisse had been abusing painkillers, which he denied. Caisse ultimately relinquished custody of his daughter, and Kay went on to remarry another, more successful NASCAR driver, Brian Scott.

According to court records, Caisse returned to Maine in September 2013 for an unusual errand.

Caisse and another man went to the Scarborough Police Department intending to each file a criminal complaint against Cusack, a fact that is referenced in police reports about Cusack’s assault that were filed in court.

Scarborough police have declined to release the paperwork generated by Caisse’s complaint and would not discuss it, and a judge in Cusack’s assault case ordered the documents kept private.

But a lawyer involved in the assault case, Robert Andrews, agreed to describe the contents of the complaint.

Caisse initially told police that he was sexually assaulted by Cusack, but in an interview with an officer he did not describe any sexual contact, only strange habits by Cusack that seemed to have sexual undertones, Andrews said.

Caisse told police that Cusack sometimes walked around his house naked when Caisse was there, Andrews said. Caisse also reported that they spent time together in a hot tub, and when they traveled they sometimes slept in the same bed.

The report says the officer who took the complaint concluded at the end of the meeting that no crime had been committed, Andrews said.

Caisse was sent on his way, returning to North Carolina with his friend, who later fled back to New England because he claimed Caisse was “all messed up on prescription drugs,” according to a police report.

The accusations quickly made their way back to Cusack, who is close friends with multiple officers, and employs police at his track for security.

It’s not clear from public documents to what extent police interviewed Cusack or looked into Caisse’s complaint.

Police later learned that Caisse had approached a third man, asking if he would also make accusations against Cusack, but the man refused, according to police documents.

* * *

In the 13 months between Caisse’s complaint to Scarborough police and the alleged attack in October 2014, Caisse and Cusack exchanged several text messages. At first, Caisse threatened to go back to police with more accusations of sex abuse if Cusack did not pay him off, according to a summary of a police interview with Cusack obtained by the Maine Sunday Telegram.

Caisse intimated that he was suicidal and continued asking for money, offering to sell Cusack his dog for $2,500, Cusack told police.

As the spring turned to summer, Cusack’s distrust of Caisse began to soften, he later told police. They talked about meeting, to discuss the police report and their relationship, Cusack told police. He wired Caisse about $300, and on Oct. 28, 2014, for the first time in more than a year, Caisse and Cusack met in person, first at a train station in Wells and then at a restaurant. Cusack presented Caisse with a written contract for Caisse to sign, swearing that his 2013 complaint of sexual assault was false, according to a copy of the document obtained by the Maine Sunday Telegram.

“At the time of the complaints, I was experiencing emotional issues relating to the death of my father, loss of my daughter through divorce and loss of career,” according to the contract. “I made the statements regarding Andrew Cusack while I was in an unstable condition and experiencing financial hardships. … I confirm that my relationship with Andrew Cusack has been consensual in all respects. Our relationship has been one of mutual trust, respect and support. I attest that there has never been any unsolicited or inappropriate behavior or conduct between us.”

Cusack told police investigators that Caisse put his initials on the document but didn’t sign it, saying he needed time to think. They would continue talking in the morning.

But late that night, Cusack’s cellphone rang.

It was Sean Caisse, and he sounded upset.

* * *

Chelsey Delabruere

Chelsey Delabruere Courtesy of the Iredell County Sheriff’s Department

What Cusack did not know was that Caisse wasn’t alone during his trip to Maine. Along for the confrontation was Caisse’s new girlfriend, Chelsey Delabruere, 24, of Mooresville.

Andrews, Delabruere’s attorney, said Delabruere was led to believe that Cusack owed Caisse money, and was holding a car for him. Caisse also told Delabruere that Cusack had sexually abused him – a story she believed.

Delabruere knew that Caisse had not come to Maine for a peaceful reconciliation with his old friend, Andrews said.

“She knew there was going to be trouble,” Andrews said. “She had no idea how significant Mr. Caisse’s actions were going to be.”

Following their initial meeting in Wells, Delabruere watched as Caisse became increasingly enraged, Andrews said.

Caisse hatched a plan.

Around 10 p.m. he texted Cusack to tell him that he was thrown out of his hotel room and that he planned to sleep in his truck at a rest stop, Cusack later told an investigator. Police would learn afterward that Caisse never checked into the room that Cusack had rented for him.

Several hours later, around 4 a.m., he called Cusack, telling him that a group of men had roughed him up and robbed him. Caisse was already parked outside Cusack’s home on Holmes Road in Scarborough. Could Cusack help him?

The track owner put on a robe and went to the front door. Soon after he stepped outside, the beating began, according to a police report obtained by the Maine Sunday Telegram.

“Sean, it’s me,” Cusack pleaded, according to the report. “It’s me, Andy, stop.”

Caisse did not stop, the report says. He sicced his German shepherd, Reece, on Cusack, opening up a wound on his calf. Caisse then grabbed Cusack by the genitals and dragged him into his house, blood spattering the wall of his entryway.

As Caisse initiated the beating, Delabruere stood off to the side, according to police reports. After Caisse dragged Cusack inside, she helped duct-tape his hands and feet to a chair, and she guarded him with a fire poker while Caisse rummaged through Cusack’s home.

They berated and cajoled him, trying to get him to confess to something. (In an interview with police later, Cusack said he felt as if he was being secretly recorded.)

All the while, the beatings continued intermittently, as Caisse’s mood fluctuated between calm and enraged.

Caisse forced Cusack to sign a check for $7,500, stole cash from Cusack’s safe, forced Cusack to sign a bill of sale for his silver Corvette, and made Cusack agree to send Caisse $7,500 each month for a year, the report says. If Cusack went to the police, Caisse threatened to have him killed, Cusack later told police.

Eventually, they agreed to untie Cusack, who was too injured to fight back.

At some point, Delabruere began to realize that Caisse was out of control, Andrews said. Cusack told police that once, when Caisse was out of the room, Delabruere apologized, saying she had heard so many good things about Cusack. She splinted his broken finger, cleaned up the scene and later made coffee, according to Andrews and police reports.

Before they left, Caisse even asked Cusack for a hug, or a handshake.

The couple sped out of town by about 11 a.m., returning to North Carolina with Cusack’s money and car, police allege. Their romantic relationship soured soon after, Andrews said. Caisse had isolated her from her family and friends, and his violence frightened her.

Delabrueure is charged with robbery, criminal restraint and theft by unauthorized taking. Andrews said Delabrueure is cooperating with authorities and plans to plead guilty.

Caisse was extradited to Maine in February, four months after the attack. He is living with relatives in Massachusetts while he awaits trial. After months of pretrial conferences, it is still unclear whether the matter will go to trial.

Caisse is due back in court Wednesday, when attorneys will again discuss with a judge behind closed doors whether Caisse will accept a plea agreement.

Landlord expected to change plea, admit he murdered two Biddeford teenagers

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A Biddeford landlord accused of fatally shooting two teenagers and wounding a woman in a tenant dispute minutes after police left their apartment in 2012 is expected to change his plea Wednesday to guilty to charges of murder and attempted murder.

James Pak, 77, is scheduled to change his plea in York County Superior Court in Alfred at 1 p.m., about two weeks before the planned start of his trial and after more than three years of legal wrangling.

If Pak pleads guilty, it would spare survivor Susan Johnson from having to testify about how she feigned being dead beneath the Christmas tree after she was shot in her apartment on Dec. 29, 2012. Police say Pak first fired at Johnson, now 47, then fatally shot her son Derrick Thompson, 19, and her son’s girlfriend, Alivia Welch, 18 in the apartment Pak rented to them at 17 Sokokis Road.

Pak’s attorney, Joel Vincent, said his client is planning to change his plea without an agreement with the prosecution about a sentence or a promise of leniency.

“He’s pleading guilty to spare himself, his wife and the victims’ families the necessity of going to trial,” Vincent said Monday.

The prosecutor, Assistant Attorney General Leane Zainea, didn’t respond to a phone message left Monday.

Pak’s case took longer than most to reach a resolution, in part because he had pleaded not guilty by reason of insanity and because of questions about Pak’s mental competency.

Vincent and Lawrence Goodglass, Pak’s other attorney, argued in court proceedings in 2014 and 2015 that Pak’s diminished memory made him unfit to be tried for murder.

But Justice John O’Neil Jr. considered testimony from three psychologists who examined Pak and issued a ruling in November that Pak is competent to stand trial.

O’Neil wrote in his ruling that he was persuaded by the testimony of Robert Riley, a psychologist who examined Pak twice in 2014. Riley found that Pak understood the seriousness of the charges against him and could participate in his own legal defense.

Vincent said Pak will need to be assessed again by a psychologist before Wednesday’s hearing to assure that his mental competency hasn’t changed since O’Neil’s ruling last year.

“Nobody can say it is a 100 percent guarantee,” but it is Pak’s intent to go through with the change of plea, Vincent said.

Pak is accused of shooting Thompson, Welch and Johnson just minutes after Biddeford police had left the apartment. Police had been called to investigate a dispute over parking between Pak and Thompson, but left after determining that the argument didn’t warrant police action.

Court documents say Pak waited for police to leave, got a gun, opened the door to the apartment and said, “I am going to shoot you. I am going to shoot you all.”

Johnson suffered gunshot wounds to the back and arm. She called 911 after the shootings, but the two teenagers were dead by the time emergency responders arrived.

Johnson, who is suing the Biddeford Police Department, declined to comment Monday.

Welch’s parents, Danny and Jocelyne Welch, have filed a wrongful death and negligence suit against Pak and his wife, Armit Pak. The Welches couldn’t be reached for comment Monday.

After the shootings, police said, James Pak returned to his apartment in the building, where he lived with his wife. Police surrounded the building while Pak was still inside with the gun and negotiated with him for 2½ hours by phone before he surrendered.

Vincent said he would not characterize the negotiation period as a standoff, but at the end of it, Pak came out without the gun.

“He doesn’t recall much about the conversation,” Vincent said of the recorded phone call with police.

During that call, Vincent said, Pak admitted to the shootings and explained his rationale.

Vincent said he and Pak reviewed the phone conversation at length before his client came to the decision to plead guilty. He would face 25 years to life in prison on each of the murder counts and up to 30 years on the attempted murder charge.

 

Convicted sex offender accused of making videos on Bowdoin campus, elsewhere

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Brunswick police said Monday that a convicted sex offender has been charged with making “nonconsensual videos” of people inside their homes both on the Bowdoin College campus and off campus.

Police charged Stephen L. McIntire, 55, of Bath with six misdemeanor charges of violation of privacy after locating the videos, according to a news release by Cmdr. Mark Waltz.

McIntire was a member of a support group for convicted sex offenders that had met at a Brunswick church until it was told to meet elsewhere after a Nov. 10 sexual assault on the nearby Bowdoin campus.

Bath police were called to a home on Cherry Street in Bath at 6:15 p.m. on Nov. 24 by a woman who said she was hiding in her bedroom and a man was trying to get in.

The 28-year-old woman said she had come home to find the man sitting on her couch exposing himself, police said.

The woman ran upstairs to her bedroom, locked the door, grabbed a handgun and called 911, police said.

The man was gone when police arrived, but Cpl. Michelle Small and police dog Sampson tracked the suspect to a home on Bumpy Hill Road, where McIntire lived. He was not at home, but police got a search warrant and found items linking McIntire to the crime.

McIntire was later arrested and ordered held at Two Bridges Regional Jail in Wiscasset on $10,000 bail.

That incident drew the attention of Brunswick police, who had been investigating a series of “peeping Tom” reports on and around the Bowdoin campus.

Police notified all the residents who could be identified in the videos but are releasing no more information about them to protect their privacy, Waltz said.

Brunswick police were assisted by Bowdoin College public safety, the Maine Department of Corrections and the Maine State Police Computer Crimes Unit.

Waltz’s news release made reference to the Nov. 10 sex assault on Belmont Street and two other incidents on Potter and Longfellow streets. The release did not link McIntire to those assaults, saying only that they are atypical for the community and that considerable resources have been and continue to be spent on investigating them.

David Hench can be contacted at 791-6327 or at:

dhench@mainetoday.com

Twitter: Mainehenchman

Winthrop man pleads guilty to drug and gun charges

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Chad Goucher, 38, of Winthrop, pleaded guilty Monday in U.S. District Court to drug and gun charges that carry up to a total of 30 years in prison and more than $1 million in fines, according to a press release from U.S. Attorney Thomas E. Delahanty II.

After a search warrant was executed at Goucher’s Winthrop residence on March 6, 2015, officers recovered heroin, drug paraphernalia and three firearms, including a 12-gauge sawed-off shotgun. Goucher was charged with possessing heroin with the intent to distribute, possession of a firearm by a prohibited person and possession of an unregistered sawed-off shotgun.

Because of a prior felony conviction in the state of Maine, Goucher was prohibited from possessing firearms. According to the release, Goucher admitted to law enforcement that he intended to distribute some of the heroin, and he also said he knew he was not allowed to have guns.

He faces up to 20 years on the drug charge, a $1 million fine and between three years and life on supervised release. On the firearms charges, he could get up to 10 years in prison, up to three years of supervised release and a fine.

Goucher will be sentenced after the completion of a pre-sentence investigation report by the U.S. Probation Office. The Winthrop Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.

Waterville man ordered to serve 12 years in prison for drug trafficking

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AUGUSTA — After less than a year of trafficking in cocaine and heroin, a Waterville man told police he was “making a killing” buying the drugs on the cheap from a supplier in Portland and bringing them to Waterville for resale at more than double the price.

Brian M. Danaher, 30, of Waterville was getting about 100 grams of heroin per trip and buying the heroin and cocaine for $60 a gram. He then sold crack cocaine for $160 a gram and heroin for $200 per gram, according to a sentencing memo filed by prosecutor Francis Griffin.

Danaher was sentenced Monday at the Capital Judicial Center to 12 years in prison. He had pleaded guilty in the same courthouse Dec. 10, 2015, to two counts of aggravated trafficking in drugs and agreed to forfeit a flat-screen television, his interest in a 2010 Ford Focus he said he bought with drug proceeds and $5,350 cash.

In exchange for his pleas to those charges, five other drug-related charges and one count of endangering the welfare of a child were dismissed.

According to a sentencing memo by the prosecutor, Assistant District Attorney Francis Griffin, when police raided Danaher’s apartment at 5 a.m. Aug. 21, 2015, Danaher led them to a plastic New York Giants container that contained a digital scale, pills, cocaine base and heroin and to thousands in cash, all of which was in a bedroom where he and his 5-year-old daughter slept in bunk beds. He also showed them other drugs contained in a cellphone box in the kitchen. Danaher’s mother and her boyfriend were also asleep in the apartment at the time of the raid.

In all, a state chemist determined that Danaher had 104.7 grams of crack cocaine, 91.1 grams of acetylfentanyl, and 133 Oxycodone 30 milligram pills. Police estimated the drugs had a street value of $45,000.

Danaher told police he bought the drugs from Moses Okot. The prosecutor noted the two men met in prison when Okot was serving a sentence for felony murder for driving the getaway car in a 2010 killing in Portland. Okot is in custody facing new federal and state charges.

Danaher, formerly of Clinton, had been sentenced in June 2011 for trafficking in scheduled drugs, also in Waterville. He received an eight-year jail sentence, all but two years suspended, three years’ probation, and forfeited $2,080.

In this most recent trafficking, Danaher said he used 4-5 grams of heroin a day, sold the drugs to support his habit and intended to purchase a “brick,” a kilogram of heroin, on his next trip, according to Griffin’s memo.

“While it is conceded that the defendant had a very serious drug addiction, his drug enterprise far exceeded the necessary output required to support an addiction even as large as that of the defendant … This is not the conduct of an addict selling to support a drug habit. It is the conduct of a drug trafficker,” Griffin wrote in urging a 25-year sentence for Danaher.

There was no sentencing memo in the court file from Danaher’s defense attorney, David Geller.

The 12-year sentence imposed Monday is concurrent to a six-year probation revocation from the previous conviction.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

 

Jurors in trial of man accused of shooting wife in Saco hear frantic 911 call

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“I need an ambulance real quick. Shots have been fired. People are dead,” Steven Chabot said to the emergency dispatcher. “I’m shot. I’m shot.”

Chabot was hiding in the bedroom closet of his Saco house, bleeding on the floor, when he called 911 on Dec. 18, 2014.

Chabot had been shot several times by a masked intruder. He thought his wife, Carol, had been murdered by the gunman. He was wrong: She was hiding unharmed in another bedroom.

But he was correct that their houseguest, Rachel Owens, his wife’s childhood friend of nearly 50 years, had been shot several times. Like Steven Chabot, she survived.

Jurors listened to that 911 recording during the first day of the federal trial of Gregory Owens, who has been charged with shooting his wife, Rachel Owens, and Steven Chabot during a staged break-in at the Chabots’ home.

The trial in U.S. District Court in Portland is the first of two cases that authorities have brought against Owens, 59, of Londonderry, New Hampshire, for the shootings and break-in.

Owens also faces multiple state charges, including aggravated attempted murder. His trial on those charges in York County Superior Court in Alfred has not been set and depends in part on the outcome of the federal trial, which is expected to take more than two weeks.

Owens is charged with two federal counts: interstate domestic violence, punishable by up to 20 years in prison, and using a firearm during and in relation to a crime of violence, punishable by up to life in prison. He has pleaded not guilty.

Carol Chabot testified as the first witness at the trial, describing how she awoke in the upstairs bedroom of her home at 25 Hillview Ave. in Saco after hearing a window shatter downstairs.

“I’m a very light sleeper. I kind of elbowed my husband because it didn’t sound right,” she said. “I heard the second shatter when I was entering the hallway to go check on Rachel.”

Assistant U.S. Attorney Darcie McElwee, who is prosecuting the case, said in her opening statement in the trial that witnesses would testify that the intruder broke through the outside door into the garage of the Chabots’ home by breaking a glass pane and then got into the house from the garage by breaking the window of a second door.

“It sounded like someone threw a table through my sliding doors to my deck. It was so loud,” Carol Chabot said.

Steven Chabot, the second witness, testified that he came out of his bedroom after hearing the glass smash and faced an intruder running up the stairs with a pistol in his hand, wearing a black ski mask.

Chabot said he first retreated to his bedroom and then came back to the bedroom door after hearing many gunshots. In the doorway, he faced the intruder again.

“I was defenseless. I was scared. I wasn’t able to help my wife,” Steven Chabot said. “I wasn’t sure what was going on. Then I heard the gunshots, and it was like, ‘What’s happening?'”

In the subsequent 911 call, he pleaded with the dispatcher for about 10 minutes until police finally arrived.

“I’m losing a lot of blood. Please hurry,” he said in the recorded call played for jurors.

After about eight minutes, he could be heard on the call praying.

Police investigating the shooting pulled over Gregory Owens about three hours after the 911 call as he was driving his Hyundai Santa Fe sport utility vehicle in Hudson, New Hampshire. Investigators later collected DNA evidence from Owens that matched DNA on the outside door of the Chabots’ garage. They also collected DNA evidence from bloodstains on the steering wheel and armrest of Owens’ vehicle, according to a report filed by FBI Agent Pamela Flick to obtain search warrants in the investigation.

Owens is a former Army marksman who investigators believe tried to kill his wife after his girlfriend in Wisconsin threatened to expose their affair.

Owens’ attorney, Sarah Churchill, denied the government’s allegations in her opening statement. She said Owens cut his hand on a broken glass in his kitchen in New Hampshire while working overnight on a business contract proposal and went out during the night in his vehicle to go to Dunkin’ Donuts.

“Greg Owens did not shoot his wife. Greg Owens did not shoot Steve Chabot. Greg Owens did not break into the Chabots’ home at 25 Hillview Drive,” Churchill said.

Churchill said the police timeline that says Owens drove in the night from Londonderry to Saco doesn’t make sense. She said it would have taken longer for Owens to have driven that far, that highway video footage shows no sign of Owens’ vehicle and that video footage from Dunkin’ Donuts in New Hampshire shows he was there.

Police never recovered the gun used in the shooting.

When the trial resumes on Wednesday, McElwee said she next plans to call Rachel Owens to testify.

 


Former Augusta woman caught with heroin in her bra gets 9 months

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AUGUSTA — A former Augusta woman whose car was caught on camera during a September burglary in West Gardiner and who had a bag of heroin in her bra at the jail was sentenced Tuesday to serve an initial nine months behind bars.

The remainder of the six-year sentence for Kristen N. Swift, 27, most recently of Lewiston, was suspended, and she was placed on probation for three years. Her first name is also spelled Kristin in some court documents.

A homeowner’s surveillance camera caught Swift and a man breaking into and stealing a laptop from a West Gardiner home on Sept. 18, 2015.

Then when Swift was arrested for a bail violation Oct. 14, 2015, police found crack cocaine and heroin at the 14 Orchard St., Augusta, home she was sharing with Joseph Oliveira Jr., 26, and several children.

After Swift was taken to the Kennebec County jail, a strip search there located 0.6 grams of heroin in her bra, the prosecutor said.

Swift pleaded guilty Tuesday at the Capital Judicial Center to burglary, theft, violating conditions of release, trafficking in prison contraband and unlawful possession of drugs as well as to a March 18, 2015, charge of violating a protective order.

Swift’s defense attorney, Pamela Ames, told Justice Michaela Murphy that the six-year sentence reflects the fact that charges of trafficking in cocaine and heroin are being dismissed.

“I know that this is high for a first offense,” Ames said. “The goal is to give her a county jail sentence.”

Ames said Swift has been held in Cumberland County jail.

“She’s been doing very well down there,” Ames told the judge. “She already has four months in and will get credit for time served.”

Oliveira also was in court on Tuesday. He pleaded guilty to operating after revocation and violating conditions of release, both occurring Sept. 15, 2015, in Augusta.

He was sentenced to 10 months in prison. According to the prosecutor, Oliveira was driving Swift’s vehicle at the time, and she was a passenger.

Oliveira’s attorney, Lisa Whittier, told the judge that Oliveria has pending drug charges.

In separate hearings also held Tuesday at the Capital Judicial Center, two people were sentenced on charges of defrauding the state’s welfare system.

• Robert Vear, 57, of Waterville, pleaded guilty to theft by deception, which occurred from May 1, 2009 to Feb. 28, 2015; and two counts of unsworn falsification, April 4, 2013, and April 5, 2014.

The prosecutor, Assistant Attorney General Gregg Bernstein, said Vear received $9,856 in benefits from the Supplemental Nutrition Assistance Program “by consistently representing he was living alone and the household had no income.” Bernstein said that Vear’s wife was living in the household and she was employed.

“If this was disclosed, he would not have been paid,” Bernstein said.

Vear was sentenced to two years in jail, with all but 60 days suspended, and two years of probation. He is to report to jail March 10 to begin serving the sentence. He also was ordered to pay $9,856 restitution.

• Sarah Mason, 35, of Clinton, pleaded guilty to theft by deception, which occurred July 2010 to September 2014, and to three counts of unsworn falsification, Dec. 4, 2012, June 3, 2013, and June 11, 2014.

She was ordered to pay $18,143 restitution.

Mason is to report to jail March 4 to begin serving the sentence.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

 

Saco shooting victim, still with a bullet in her head, testifies in trial of husband

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Rachel Owens raised her left hand instead of her right when she was sworn in Wednesday to testify as a witness during the second day of the federal trial of her husband, Gregory Owens, who is accused of shooting her and another man in Saco.

Since the shooting inside her friends’ house on Hillview Avenue in Saco on Dec. 18, 2014, Rachel Owens said she has struggled to do simple tasks with her right hand, like opening an envelope or bottle.

“I need people to help me,” she said, while being questioned by a prosecutor in U.S. District Court in Portland.

Gregory Owens, her husband of 36 years, is accused of breaking into the home of Steve and Carol Chabot, where his wife had been visiting; shooting first his wife while she was in bed in one room and then shooting his friend Steve Chabot in another room while Carol Chabot hid in a third room.

Rachel Owens and Steve Chabot each were shot three times. Steve Chabot called 911 as he bled on his floor. Rachel Owens was in critical condition and not expected to survive when emergency workers arrived, according to police.

“I have a bullet in my head,” Rachel Owens told jurors at her husband’s trial.

The prosecutor, Assistant U.S. Attorney Darcie McElwee, then displayed a photo projected on a screen for the jury to see of the gunshot wound on the back of Rachel Owens’ skull that caused brain damage and where the bullet remains lodged.

The federal trial is the first of two cases that authorities have brought against Owens, 59, of Londonderry, New Hampshire, for the shootings and break-in.

Owens also faces multiple state charges, including aggravated attempted murder. His trial on those charges in York County Superior Court in Alfred has not been set and depends in part on the outcome of the federal trial, which is expected to take more than two weeks.

Owens is charged with two federal counts: interstate domestic violence, punishable by up to 20 years in prison, and using a firearm during and in relation to a crime of violence, punishable by up to life in prison. He has pleaded not guilty.

Owens is a former Army marksman who investigators believe tried to kill his wife after his girlfriend in Wisconsin threatened to expose their affair.

Police investigating the shooting pulled over Gregory Owens about three hours after the 911 call as he was driving his Hyundai Santa Fe sport utility vehicle in Hudson, New Hampshire. Investigators later collected DNA evidence from Owens that matched DNA on the outside door of the Chabots’ garage. They also collected DNA evidence from bloodstains on the steering wheel and armrest of Owens’ vehicle, according to a report filed by FBI Agent Pamela Flick to obtain search warrants in the investigation.

Owens’ attorney, Sarah Churchill, denied the government’s allegations in her opening statement to the trial on Tuesday. She said Owens cut his hand on a broken glass in his kitchen in New Hampshire while working overnight on a business contract proposal and went out during the night in his vehicle to go to Dunkin’ Donuts.

“Greg Owens did not shoot his wife. Greg Owens did not shoot Steve Chabot. Greg Owens did not break into the Chabots’ home at 25 Hillview Drive,” Churchill said.

Churchill said the police timeline that says Owens drove in the night from Londonderry to Saco doesn’t make sense. She said it would have taken longer for Owens to have driven that far, that highway video footage shows no sign of Owens’ vehicle and that video footage from Dunkin’ Donuts in New Hampshire shows he was there.

Police never recovered the gun used in the shooting.

The trial is expected to continue through next week. McElwee has said she expects to call more than 30 witnesses. Churchill has indicated in court filings she expects to call about 10 witnesses, including her own DNA expert, who may draw different conclusions from the government’s experts.

This story will be updated.

James Pak pleads guilty to murdering two teenagers in Biddeford apartment he owned

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ALFRED — Biddeford landlord James Pak pleaded guilty Wednesday in York County Superior Court to murdering two teenage tenants in 2012 after a dispute over parking spaces.

The mother of one, who also was shot but survived the attack, said she is routinely haunted by the experience and doubts she will ever get over it.

Pak, 77, shot and killed Derrick Thompson, 19, and his girlfriend, Alivia Welch, 18, in the apartment they and Thompson’s mother, Susan Johnson, rented from Pak at 17 Sokokis Road.

Pak also pleaded guilty to trying to murder Johnson, now 47. Johnson lay under their Christmas tree, pretending to be dead as Pak used a .357 Magnum to kill the two teenagers on Dec. 29, 2012.

In court, Pak wore an orange jail jumpsuit and used headphones to help with his hearing. About 35 friends and family members of the victims, many of them young people like Thompson and Welch, were in the gallery.

Justice John O’Neil made sure Pak understood the proceedings, given concerns about his cognitive ability and difficulty with English.

Pak said through his attorney, Joel Vincent, that he decided to plead guilty to spare himself, his wife and the relatives of the victims the ordeal of going through a trial.

Vincent explained that Pak originally had pleaded not guilty by reason of mental disease or defect, but subsequent psychological evaluations showed he was aware of the wrongfulness of his actions. Vincent told O’Neil that he and Pak explored whether he acted in self-defense, but the evidence showed that was not the case.

O’Neil asked Pak whether he disagreed with Vincent’s assessment.

“I am guilty and I’m not disagreeing,” he said.

Assistant Attorney General Leane Zainea then outlined the evidence against Pak that the state would have presented, had the case gone to trial.

Zainea described how Pak was angry and was evicting the victims because Welch had moved in with Johnson and Thompson. The day of the shooting, there had been a verbal altercation between Pak and Thompson about parking and where Thompson was shoveling snow. At one point, Pak used his fingers to form a gun as if he were shooting at Thompson.

Johnson called Biddeford police, who went to the apartment but left after they spoke to both parties and determined it was a civil matter, Zainea said.

Minutes later, Pak entered Johnson’s apartment and declared: “I am going to shoot you. I am going to shoot you all.” He shot Johnson first, then fired on Thompson and finally shot Welch in the back as she begged him not to shoot. Some people in the gallery sobbed as Zainea recounted the methodical slayings.

Zainea then told how Pak said he was not going to shoot Johnson’s 6-year-old son, who also was at home, because he had done nothing wrong.

Police later arrested Pak after a standoff and seized two guns from his house, one of them the .357 used in the shootings. Pak told authorities that he had shot the three and was not remorseful.

On Wednesday, Johnson spoke outside the courthouse and said that she is relieved that Pak pleaded guilty, but wishes it had happened three years ago.

She said that, every day, she remembers that terrifying ordeal and what was lost that night.

Johnson described her son and Welch as fun, respectful young people who avoided trouble.

“They were good kids. They were starting their life,” she said. “It’s not fair.”

Welch’s parents, Danny and Jocelyne Welch, also attended Wednesday’s hearing. They did not address the media afterward, but one of their attorneys in their civil case against the Paks, Stephen Schwartz, said the plea hearing was an emotional experience for them.

“I think my clients are relieved that Mr. Pak pled guilty and that there is a sense of justice,” he said. “However, this is one of the most unimaginable things that can happen, to lose a child and in this manner.”

Welch’s parents have filed a wrongful death and negligence lawsuit against Pak and his wife, Armit Pak. Johnson, who is represented by Daniel Lilley, also is suing the Paks.

Pak was allowed to meet with his wife before Wednesday’s hearing.

Pak’s sentence will be decided at a hearing Feb. 11. He faces 25 years to life in prison on each count of murder, and four to 30 years for the attempted murder.

 

Jurors watch interrogation video of New Hampshire man on trial in Saco shootings

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Jurors in the federal trial of Gregory Owens watched video Thursday of police interrogating Owens just hours after police say he broke into a house in Saco and tried to kill his wife and a family friend.

The video, which is nearly 3½ hours long, shows police in Owens’ hometown of Londonderry, New Hampshire, questioning him before they fully understood what happened in the Maine shooting on Dec. 18, 2014, and before they knew that both victims would survive.

Owens, a retired Army marksman, displayed a military bearing through much of the video, addressing police officers as “sir” and asking officers about the “status” of his wounded wife, Rachel Owens. But the video also shows him at times apparently overcome by emotion, wiping away tears, and later growing increasingly impatient when police leave him alone in the room, once for about 40 minutes.

Prosecutors played the video as Londonderry police Sgt. Nicholas Pinardi testified during the third day of Owens’ trial.

Owens is accused of breaking into the Saco home of Steve and Carol Chabot, whom his wife was visiting. He allegedly shot his wife while she was in bed, and then shot Steve Chabot in another room, while Carol Chabot hid in a third room. Investigators believe Owens tried to kill his wife after his girlfriend in Wisconsin threatened to expose their affair.

Owens is charged with two federal counts: interstate domestic violence, punishable by up to 20 years in prison; and using a firearm during and in relation to a crime of violence, punishable by up to life in prison. He has pleaded not guilty.

The federal trial is the first of two cases against Owens, 59, in connection with the Saco shootings and break-in.

He also faces multiple state charges, including aggravated attempted murder. His trial on those charges in York County Superior Court in Alfred has not been scheduled, and depends in part on the outcome of the federal trial, which is expected to last more than two weeks.

Steve Chabot testified Tuesday that he was awakened and came face-to-face with a masked gunman running up the stairs to the second floor of his home at 25 Hillview Ave. After being shot, he called 911 at 2:47 a.m. from his bedroom closet as he bled from several wounds.

That 911 call begins a timeline that Owens’ attorney, Sarah Churchill, has said doesn’t add up. But authorities say Owens had time to get from New Hampshire to Maine and back after the shooting and still make two runs to New Hampshire coffee shops.

Pinardi, the Londonderry police sergeant, testified he first encountered Owens around 5:30 a.m. after police had detained and handcuffed him in the parking lot of a gas station/coffee shop on the Londonderry/Hudson line.

Pinardi said that when he told Owens that his wife had been shot in Maine, Owens appeared to suffer from some sort of medical condition.

“He fainted. He went limp, shut his eyes, shook a little,” Pinardi said. “He told me several times that he couldn’t breathe. He was having a heart attack.”

After Owens regained his breath and was checked by an ambulance crew, police took him to the Londonderry police station to be interviewed by Pinardi, a New Hampshire State Police trooper and later by a Saco detective.

In the video, Owens is seated on a couch and starts asking questions as soon as New Hampshire Trooper Marc Beaudoin enters the room.

“Status of my wife,” Owens asks.

“She’s at the hospital right now. She’s alive,” Beaudoin answers.

“Thank you, Jesus,” Owens said. “Prognosis?”

Police said they were still trying to find out.

In the video, Owens told police that he was working late at home in New Hampshire on a business contract proposal that night, and had driven to a gas station on the Londonderry/Hudson line for a soda and cigarettes sometime between midnight and 1 a.m. He said he went to bed, but got up again around 2:30 a.m. to make a change to the proposal on his computer, then slept until sometime after 4 a.m., when he went to Dunkin’ Donuts. He said he returned to the gas station convenience store again around 5:30 a.m. for a second coffee. That’s when he was stopped by police and handcuffed.

Pinardi said under questioning by Assistant U.S. Attorney James Chapman that Owens was free to leave at any time during the questioning.

However, toward the end of the video shown Thursday, Owens tells police he plans to drive to Maine to see his wife. Officers tell him he can’t because police had impounded both of Owens’ vehicles and impounded his house as they prepared search warrants.

Pinardi is scheduled to return to the witness stand Friday, when jurors will watch the final 15 minutes of the interrogation video, to answer more questions from Chapman and then to be cross-examined by Churchill.

The trial is expected to continue through next week.

 

Scarborough couple ordered to cease fraudulent claims about diet supplements

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A Scarborough husband and wife who marketed and sold weight loss and dietary supplements with claims that federal officials called “a blizzard of lies” have been ordered to stop making false claims and engaging in deceptive practices.

Anthony and Staci Dill, who sold pills under the names “AF Plus” and “Final Trim,” also must surrender many of their personal and business assets, according to the settlement announced Friday by the Maine Attorney General’s Office and the Federal Trade Commission.

A federal and state investigation found that the Dills fraudulently sold $16 million worth of weight loss products through two companies, Direct Alternatives and Original Organics LLC, over the last four years, promising that users of the products would easily lose a significant amount of weight and reduce their waist size.

The company, operating out of a second-floor office on Congress Street in Portland, also promised that the products were “proven” by scientific studies to work.

“This company preyed on the vulnerability of consumers who seek a legitimate weight loss program,” Attorney General Janet Mills said in a statement. “The conduct here is not limited to making false claims about their products; it also includes charging consumers hundreds of dollars in automatic monthly orders and making it very difficult for customers to cancel orders or get their money back.”

The Dills’ attorney, Daniel Mitchell, did not respond to a call or email for comment. A call to the couple’s home Friday was not answered.

According to the Attorney General’s Office, which filed a joint complaint with the FTC last month, the Dills used misleading radio ads to market their products.

One radio ad for the company’s products claimed: “With the metabolism-boosting benefits of AF Plus, you can keep eating your favorite foods and STILL lose pounds and inches – in fact we guarantee it.” Another claimed consumers would “experience maximum weight loss – pounds in days.” They consistently said their results were “proven,” but none of the claims was backed with scientific support.

“The Dills’ companies told a blizzard of lies,” said Jessica Rich, director of the FTC’s Bureau of Consumer Protection.

“They sold worthless weight-loss supplements, lied about their supposed ‘free trial’ offers, took people’s money with unauthorized auto-renewal plans, and made it nearly impossible to return their bogus products.”

The settlement, signed by a federal judge Friday, permanently bars the Dills from engaging in such practices in the future and requires them to forfeit some of the money they made.

The court order imposes a $16,419,989 judgment that will be suspended if the Dills liquidate many of their assets, including real estate, timeshares, a boat, snowmobiles, jewelry and cash from numerous investment accounts. The couple will not face criminal prosecution.

The company also promised consumers a 30-day “risk-free trial,” but then made it difficult to cancel orders and obtain a refund. The minimum purchase was two bottles of supplements, which cost $80, and customers had to return an unopened bottle at their own expense to receive the refund. They also were not refunded their initial shipping charge.

Customers also were enrolled in a monthly plan that continued to charge their credit cards, and those who called the customer service number were met with resistance, according to the complaint.

Maine will receive $500,000 of any restitution to pay back some customers. The rest will go to the FTC to help fund consumer protection programs, according to the complaint.

The defendants also deceptively promised $80 worth of Wal-Mart or Target gift cards to customers who agreed to trial memberships in two buying clubs. Customers never received the gift cards and were auto-billed $24.95 per month for each club if they didn’t cancel the memberships within 30 days, according to the complaint.

According to Mills, the case against the Dills was the first time the Attorney General’s Office and the Federal Trade Commission have collaborated on an enforcement action.

 

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