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Criminal Mischief (01/24/2018)

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Man punches self to avoid Breathalyzer

BELFAST – A Belfast man recently took a swing at avoiding a DUI charge, but he wound up taking the hit in more ways than one.

The man in question was 27-year-old Brian Fogg. On Jan. 13, police were called to a home on the Waterville Road in Belfast. Fogg’s vehicle was stuck in a ditch. According to reports, Fogg had gotten into an argument with the homeowner, during which Fogg damaged the homeowner’s car.

Officers suspected that Fogg was intoxicated. He then proceeded to fail a field sobriety test, which resulted in the officers taking him to jail. Once there, they escorted him to the room where they would administer a Breathalyzer test.

However, officials say that while they were in the process of explaining the testing procedure to Fogg – including the fact that he could opt not to take the test – Fogg decided to instead punch himself in the face multiple times.

As you might guess, the testing was halted at that point so that Fogg could be treated for his self-inflicted injuries – his actions were viewed as a refusal to take the test. Additionally, officials felt that they had sufficient evidence to charge Fogg with OUI even without the test results following his failure to pass the field sobriety test and his subsequent statements and actions.

Fogg has since been released on bail.

Drug arrest at Bangor hotel

BANGOR – Two people have been arrested on drug charges following an investigation at a Bangor hotel.

At just before noon on Jan. 21, officers responded to a hotel on the Odlin Road following a 911 hang up and discovered there was no issue. However, prior to leaving, one of the officers learned of heavy foot traffic in and out of two specific rooms. That discovery prompted further investigation.

Drug paraphernalia and suspected crack cocaine were found on the coffee table inside one the rooms. Also in the room were two women, one of whom provided a false name. Shortly thereafter, officers located the woman’s ID card and confirmed she was 26-year-old Danielle Tomah of Indian Township. Tomah was taken into custody on an outstanding warrant that charged her with furnishing a scheduled drug, unlawful possession of a scheduled drug and violation of conditions of release.  

The other woman was identified as 34-year-old Amanda Newell of Perry. Suspected crack cocaine was found hidden in Newell’s clothing. Newell was taken into custody and charged with misdemeanor drug possession.

Both women were taken to the Penobscot County Jail.

Detective Pelkey from the Criminal Investigation Division applied for and received a search warrant for both hotel rooms. Additional evidence - including more suspected crack cocaine - was found. As a result, Newell and Tomah will likely face felony drug trafficking charges.

The investigation is ongoing.

Ellsworth crack bust

ELLSWORTH – Two men have been charged with selling crack cocaine out of an apartment in Ellsworth, according to the Maine Drug Enforcement Agency

According to an MDEA press release, two men - one from Ellsworth and the other from New York -were arrested in Ellsworth on Jan. 16 and charged with selling crack cocaine. The arrests were part of MDEA’s continued efforts targeting out of state drug dealers coming into Maine. 

The arrests followed the undercover purchase of crack from an apartment at 153 State St. in Ellsworth.  Drug agents found a four-month-old child was present in the apartment at the time of the purchase; this discovery led to the decision to expedite the investigation in the interests of the baby. 

At about 8 p.m. on the night of Jan. 16, 34-year-old Frankie O. Montero of Brooklyn, New York and Vega Alta, Puerto Rico and 25-year-old Joshua Kane of Ellsworth were arrested and charged with Class A, Aggravated Trafficking in Schedule W Drugs (Crack). The charge was elevated to a Class A offense because of the presence of the baby in the apartment.  Both men were arrested in a vehicle near Wal-Mart in Ellsworth. 

The apartment, which is rented by Kane and the mother of the child, was searched and about $7,000 in suspected drug proceeds were seized, along with other evidence of drug trafficking.

Both Montero and Kane were transported to the Hancock County Jail and made their initial court appearances. Montero is being held in lieu of $25,000 bail and Kane on $15,000 bail.

The Maine Department of Health and Human Services Child Protective unit was contacted because of the presence of the child. The child and its mother were in the apartment at the time of the search and also when the undercover drug buy took place.

MDEA was assisted by Ellsworth Police. The investigation is ongoing and more arrests are possible.

Man found dead in Fort Kent

FORT KENT (AP) — Maine police say they’ve identified the body of a man who was found dead over the weekend just off a snowmobile trail in Fort Kent.

Fort Kent Police Chief Tom Pelletier said Saturday evening that the body was identified as 25-year-old Cody Allen Bennett, of Allagash. According to media reports, Bennett’s body was discovered by a couple on snowshoes walking through a woods trail on the afternoon of Jan. 20.

Pelletier says Bennett was not previously reported missing but had not been seen for several days. He says exposure to extreme cold could have been a factor in Bennett’s death.

Pelletier says the death does not appear to be suspicious. Fort Kent police will continue to investigate.

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