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(I’ll never be a fully rights-endowed citizen of the USA again, but as a citizen of the Great State of Maine, I was able to vote even while imprisoned. I know that it doesn’t make up for Susan Collins, but she’ll be kickin’ it with Paul down at Del Boca Vista before you even know it. – Rage)

 

On July 9, 1806, Augusta resident Capt. James Purrington murdered his wife Elizabeth (“Betsey”) and six of his Eight children and then took his own life.  The next day a large public funeral was held, during which the bodies of the slain family members were laid to rest in what was apparently an unmarked grave in the then Burnt Hill (now Mt. Vernon) cemetery. Capt. Purrington was buried along with the murder weapons (an axe and a razor) in the highway at the southeast corner of the cemetery.

Recently, the Augusta Historic Preservation Commission located the site of the family grave and placed a marker at the location, completing the work of honoring the victims of this horrid act of family violence.

 


Family Members

Spouse: 

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Elizabeth Clifford Purrington, (?–1806)
Children:

Polly Purrington, (17871806)

Martha Purrington, (17911806)

Benjamin Purrington, (17941806)

Anna Purrington, (17961806)

Nathaniel Purrington, (17981806)

Nathan Purrington, (18001806)

Louisa Purrington, (18041806)

 

 



Man who killed two in 2015 rampage gets life for murders

Convicted murderer Anthony Lord walks into court at the Penobscot Judicial Center, where he was sentenced Monday to life imprisonment.

The Aroostook County man who killed two people and wounded three others in a two-county rampage over two days in July 2015 following the death of his infant son was sentenced Monday at the Penobscot Judicial Center in Bangor to life in prison.

Anthony Lord, 37, of Crystal pleaded guilty last month to murdering Kyle Hewitt, 22, of Benedicta and Kevin Tozier, 58, of Lee; shooting and wounding Kim Irish, 57, Clayton McCarthy, 57, and Carlton Eddy, 52, all of Benedicta; and assaulting Kary Mayo, 40, of Silver Ridge with a hammer.

Lord blamed his rampage on the loss of his 6-month-old son Larry Earl Lord, who died on May 5, 2015 — 2 ½ months before the shootings. Lord, who was suffering from post traumatic stress disorder, was frustrated by the fact that the investigation into his son’s death was taking so long, his lawyer told the court.

Superior Court Justice Ann Murray’s sentence was imposed after a 2 1/2 -hour hearing in which family members of the victims and the prosecution asked Lord be given life in prison.

Shelly Hewitt, 53, of Caribou told Murray that her son, Kyle, called her as he lay dying after Lord shot him nine times. She could hear her son “moan in agony” as he waited for the ambulance to arrive and the concern of emergency medical personnel once it got there, she said.

After the hearing, Hewitt said she was pleased with the life sentence but said that it did not bring her or her family closure.

“There is no closure ever in death of a son,” she said. “It just doesn’t happen. We just put one foot in front of the other every day.”

Defense attorneys David Bate of Bangor and Jeffrey Toothaker of Ellsworth told Murray that their client should not spend the rest of his life behind bars because Lord was distraught over the death of his son. The boy died as a result of bleeding in his brain and a fractured skull, according to the autopsy report.

Jessee Mackin, 34, of Millinocket was charged in February 2016 with manslaughter in connection with the baby’s death. He is free on $25,000 cash bail. Mackin’s trial has been tentatively set for October.

“My son was murdered on May 5,” Lord told Murray. “I said at his funeral that there is no justice in any situation like this because no one can give back what’s been taken.”

Lord last month pleaded guilty to the bulk of the charges against him to avoid putting the families of the victims through a trial and the media attention it would bring, he said.

Bate read Lord’s handwritten apologies to the families of the men he killed and his other victims.

“I do know how it feels to have a son murdered,” Bate read. “I do hope you all will find peace. I know there is nothing I can do or say that will bring Kyle and Kevin back.”

Lord wiped tears from his eyes as Bate read a letter addressed to Hewitt’s young sons, Josh and Ben.

“I’m sorry I took your daddy away,” the attorney read.

Bate said that none of the events that took place on July 16 and 17, 2015, would have happened if his son hadn’t died a few months earlier. The attorney said a sentence in the 40-year range would be sufficient.

Lord blamed Mackin for his son’s death and wanted to kill him even though he did not go to Mackin’s home during the rampage, Assistant Attorney General Zainea told the judge. She recommended the judge sentence Lord to life in prison because there were multiple victims and because Hewitt’s murder was premeditated.

Lord faced between 25 years and life in prison on the murder convictions alone.

Maine does not have a death penalty but Superior Court Justices may impose life sentences for murder in specific circumstances. There is no possibility for early release.

In handing down the sentence, the judge rejected the premeditation argument but found that the aggravating factors outweighed the mitigating factors and that a life sentence was warranted due to the number of victims.

In addition to shooting five people and assaulting a sixth, Lord also set fire to a barn, stole firearms from a Silver Ridge Township home and beat a man there after tying him to a chair.

Most of the crime spree occurred with police trying to catch up with Lord as he raced through several Aroostook and Penobscot county towns on July 16 and 17, 2015.

Lord burned a barn in Benedicta late July 16, stole weapons and committed the assault in Silver Ridge before returning to the fire scene in Benedicta early the next day. There, he wounded Irish and killed Hewitt as Hewitt slept on a couch in Irish’s home. He shot Eddy as Eddy went to the barn to see the damage done by the fire, and left Benedicta.

Lord was then in a high-speed chase with police in Medway, with Lord

shooting at an officer. Lord evaded his pursuers and shot Tozier dead and wounded McCarthy in a woodlot in Lee while stealing a pulp truck — possibly a change in vehicles to confuse his pursuers.

Hours later, the manhunt ended when Lord surrendered at the home of an uncle in Houlton.

Lord has a long criminal history, including a conviction for an assault on a corrections officer at the Penobscot County Jail after his arrest for the rampage, and is a lifetime registrant of the Maine Sex Offender Registry.

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HALLOWELL — One corrections officer spread a false rumor that the new female officer at the state prison in South Windham was a stripper.

Another one called her “Genitalia,” instead of her real name, which also began with a “G.”

She was asked by a colleague if he could measure her buttocks. When she said no, he did it anyway. She was asked about her favorite sexual positions and to describe her breasts.

When her complaints were not taken seriously, she quit her job and filed sexual harassment and retaliation complaints against the Department of Corrections with the Maine Human Rights Commission, detailing her claims in a sworn statement.

The state settled the case. Cost to taxpayers: $20,000.

A beginning state trooper – a male – was placed under the supervision of a male sergeant, who took him on assignments to secluded locations, rubbed the trooper’s inner thigh and talked about skinny-dipping. The sergeant gave the trooper a rug and told him how good it felt to lay naked on it, according to the trooper’s sworn statement.

The trooper got a transfer, but the sergeant called him regularly, making comments about penises and oral sex and suggested they take a naked sauna together.

The trooper filed a sexual harassment complaint and the state settled the case out of court. Cost to taxpayers: $50,000.

A corrections officer was threatened on a website run by anonymous corrections staff after she complained of sexual harassment. Cost to taxpayers: $137,500.

Retaliation in the Human Services department, disability discrimination in Public Safety, sex discrimination in Corrections and on and on for a total of 45 such cases settled by the state in the past 10 years.

• The cost to taxpayers for a range of alleged bad behavior by state employees towards their fellow workers in the past 10 years is almost $1.85 million.

• The state has spent about another $500,000 to defend itself in the cases.

• Forty-four percent of the cases came from two law enforcement departments – Corrections and Public Safety, home of the Maine State Police. Those 20 settlements cost taxpayers more than $1 million.

• The most common charges were sexual harassment, sex discrimination, and retaliation, the latter often in response to filing a previous charge.

• Of the 19 state employees who said they experienced sexual harassment or discrimination, two-thirds were women.

• In all of the settlements, the state admitted no liability.

No tracking by department

State law requires that all new employees receive sexual harassment training their first year in the job, according to Assistant Attorney General Susan Herman.

Herman said her office does not track the claims to find out where there might be a chronic problem.

Public records do not include any disciplinary action that may have been taken in the 45 cases.

Some details kept secret

The settlement agreements – legally binding documents signed by the state and the employee – are often written in a way that prevents full public disclosure.

For example, in 34 of the 45 cases, in return for the settlement, employees and the state agreed not to disclose the terms of the agreements.

The secrecy goes even further in the 21 cases that have non-disparagement clauses. Typically, they state, “Both parties agree that they will not disparage the other.”

In 82 percent of the cases, the process began with the employee filing a complaint with the commission. (The others filed civil lawsuits.) The commission, a state agency established in 1971, investigates complaints of discrimination from public and private employees.

Webbert, the employment attorney, said, “Based on representing many state employees … I have observed that the worst problems … are in the law enforcement areas. … These are the areas that most often have leadership that sends a message to the rest of the organization of hostility or indifference to civil rights requirements, especially equal treatment and respect for women and workers with same-sex sexual orientation.”

Payments from state budget

The settlement payments don’t come from traditional insurance; the state is self-insured for these cases. That means the cash comes directly from the state budget.

The Department of Corrections, which runs the state’s prisons, is currently assessed $101,000, 10 percent of the total self-insurance budget, while it only has 6.8 percent of the state’s 18,500 employees. The reason is the disproportionate number of settlements in Corrections.

The department’s employee discrimination settlements were one reason the Legislature asked its investigative agency to evaluate Corrections in 2009. The Office of Program Evaluation and Accountability report was called “Organizational Culture and Weaknesses in Reporting Avenues Are Likely Inhibiting Reporting and Action on Employee Concerns.”

The report said intimidation, retaliation and distrust within Corrections kept a lid on exposing internal problems. Combined, the practices “appear unethical” and “expose the State to unnecessary risks and liabilities.”

Recent progress

According to two long-time state Human Resources officials, in the past two years there has been a push in state government to deal more effectively with discrimination and harassment.

The change was at least partially a reaction to the costly settlements.

She also praised a new attitude in Public Safety, which she traced to a new head of the state police, Col. Robert Williams.

Joyce Oreskovich, human resources director for the state, said “(Williams) is much more interested in fairness and equity” than previous management.

The two women said there’s been a shift in Corrections, also, under Commissioner Joseph Ponte, who took the job in early 2011.

“Very early on, Commissioner Ponte began talking about changing the culture in Corrections,” Shippee said. “I am definitely seeing an interest in swift and firm discipline that they’re not wavering on. That is one of the best ways to get across that we’re taking this seriously, if people are held accountable for these behaviors.”

‘They use a lot of retaliation’

One of the incidents that let to the OPEGA study was the 2008 case of Pamela Sampson, a corrections officer at the state prison in Warren.

In her lawsuit against the state, she said she was sexually harassed by a sergeant who was later fired for sexually harassing another officer.

When she complained to management, she said they retaliated by investigating her on charges of sexually molesting inmates.

She was later cleared, but she ultimately left the state job because of the stress and concern for her safety.

The state denied she was sexually harassed and that the sergeant was dismissed for harassment, but admits the charges against her “were not substantiated.”

The state settled her claim in 2007 for $66,000. Only six of the 45 claims were settled for a higher amount.

Although Sampson’s settlement has a non-disclosure and non-disparagement clause, she was willing to be interviewed.

“If you speak about anything against these guys (in Corrections), it’s not good,” she said. “They use a lot of retaliation. That’s why everything was thrown out in my case: They tried to create a false investigation against me.”

Sampson now lives in Bangor and is looking for a job in security.

“I wanted to continue working at my job, and I miss it very much,” Sampson said. “It’s just really hard right now.”

From the case files

Examples of discrimination charges from court documents and complaints filed with the Maine Human Rights Commission:

Bets on her sex life

The corrections officer was hired in 2001, one of the few females in that job. (The employee is not being identified because of the salacious nature of the allegations.) Among the claims in her sexual harassment lawsuit:

• Some fellow officers “had a betting pool about whom and when (she) would sleep with first,” including inmates.

• Rumors circulated that she “was willing to perform fellatio for $20.”

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• She claimed her supervisor was trying to force her out because she had complained about the sexual harassment. One example she cited involved a report she said was designed to undermine her: that she witnessed a male officer demonstrate how he could touch his nose with his tongue.

According to the report, she said: “I can’t believe he can do that. I think I’m in love.”

In her court filing, she claimed she never made the remark. Instead, she said the officer was ordered by the supervisor to fabricate the comment. In the state’s response to that charge, it agreed that the officer admitted he did not hear the offensive comment, but denied that he was ordered to make up the claim.

The female officer eventually quit the department when she said behavior and comments by officers and a supervisor created “a hostile work environment.”

While the state contested some of her allegations, it eventually paid a lump sum cash settlement to her for $65,000.

The kissing supervisor

From 2007-2008, Trish Smith was a juvenile program worker at the Department of Corrections Mountain View Youth Development Center in Charleston. Her lawsuit against the department for creating a hostile work environment and retaliation details the case of a supervisor known for his advances towards female employees.

The suit, citing Smith’s allegations and also affidavits from other employees, is unusual in that the state admits some of the behavior.

Some examples of what the state admitted:

• The supervisor “made inappropriate comments and jokes of a sexual nature, inappropriately touched and hugged and attempted to kiss” Smith and demonstrated similar behavior with other employees.

• In March 2004, the supervisor “intentionally snapped” the bra of an employee.

The state denied some of the other claims by Smith, including that management failed to keep her supervisor away from her, as they had promised to do after she complained.

Smith’s suit said she felt forced to resign because of the unwanted contact with the supervisor.

The state settled for $69,500.

There is no public record of what happened to her supervisor.

— Maine Center for Public Interest Reporting

Contact MCPIR at mainecenter@gmail.com or on the Web at pinetreewatchdog.org.

 

Image result for Criminal Justice Academy in VassalboroVassalboro,  Maine — A sheriff in Maine says two corrections officers have been placed on paid leave after a fellow officer was shot in an apparent accident at a police training academy.

Matthew Morrison of the Aroostook County Sheriff’s Department was shot in the leg in a parking lot at the Criminal Justice Academy in Vassalboro on Monday. He was taken by ambulance to MaineGeneral in Augusta and then flown by the Lifeflight helicopter to Maine Medical, according to CBS affiliate WAGM-TV,  and is recovering.

Police say 24-year-old Cumberland County corrections officer Matthew Begner shot Morrison. Police say the shooting took place inside a pickup truck owned by by another Cumberland County officer, 25-year-old Cody Gillis, of Brunswick.

 

Police say the 9mm gun is owned by Gillis.

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The shooting took place as the three men were leaving the academy grounds for the evening around 8 p.m. The gun had been stored in the console of Gillis’ truck.

The director of the academy says he will also review the shooting and is awaiting the final investigative report from Maine State Police. WGME-TV reports ( http://bit.ly/2sy9dWR ) that the academy director says corrections officers aren’t supposed to have guns on campus.

The Kennebec County District Attorney’s Office will also receive a copy of that report, the station reports.

State police and the Cumberland County sheriff are both investigating.

 

Westbrook father of three girls charged for possessing child pornography

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PORTLAND, Maine — A Westbrook man was charged with possession of child pornography Tuesday in U.S. District Court in Portland after a special agent with the Department of Homeland Security discovered him downloading and sharing videos using file-sharing software, according to court documents.

Joel Dudley, 28, said after he was arrested on Monday that he had downloaded an estimated 500 to 600 videos of child pornography “out of curiosity,” according to an affidavit supporting a criminal complaint filed with the court. The Westbrook man said he would delete the videos after viewing them, and he periodically erased his storage drive using “Department of Defense-grade” wiping software, the document said.

Dudley is the father of three girls between the ages of 3 and 8, who were in his custody, according to an application for a search and seizure warrant of the Westbrook man’s apartment.

Investigators frequently inform the Department of Health and Human Services when children live with an individual charged with possession of pornography, according to Stephen McCausland, spokesman for the Maine State Police. Whether the children have been removed from Dudley’s home could not be determined due to privacy laws that seal DHHS cases concerning children from the public.

Homeland Security agent Martin Conley found that Dudley allegedly downloaded three videos of child pornography between May 8 and July 4 using a file-sharing computer program called Ares. One of the videos showed an 8-year-old girl being sexual molested by a woman in her 20s, and the two others portrayed preteen girls engaging in sexual acts, according to court documents.

During the investigation, Saco police Detective Fred Williams reportedly found videos on a DVD of children engaging in sexual acts. The DVD was located on a desk in the office next to Dudley’s bedroom, according to the criminal complaint.

Conley was able to track Dudley using a modified version of the peer-to-peer software that allowed the agent to see an individual computer downloading the videos, according to the application for a search warrant. A grand jury subpoena was submitted to Dudley’s Internet service provider, which confirmed he was one of its users.

The Westbrook man said he ran a computer salvage and repair business called D & W Services out of his apartment — and sometimes from an office in Gray — which accounts for the large amount of computer equipment found on the premises by investigators, according to the complaint. Dudley said that “several other individuals had access to the entire apartment and the computer equipment inside the apartment.”

U.S. Magistrate Judge John Rich III on Tuesday ordered that Dudley temporarily be held without bail. The defendant is scheduled to appear in federal court in Portland on Aug. 27 for a bail hearing.

The U.S. Attorney’s Office has asked that Dudley be held without bail pending the outcome of his case.

If convicted, Dudley faces up to 10 years in prison and a fine of up to $250,000.


Westbrook man sentenced to 8 years for perjury, possessing child pornography

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PORTLAND, Maine — A Westbrook man was sentenced Monday in U.S. District Court to eight years in federal prison for possession of child pornography and perjury.

Joel Dudley, 30, also was sentenced to 10 years of supervised release, according to the court’s electronic case filing system.

Dudley was convicted in two separate trials in federal court in Portland. A jury found him guilty in February of possessing more than 500 videos containing child pornography, according to court documents. The titles of many of them indicated they depicted incestuous acts between adults and children.

In April, a jury convicted him of making a false declaration before a court, according to court documents. Jurors found that Dudley falsely testified that he had repeatedly invoked his right to counsel during an interview with law enforcement agents, but that the agents had continued to question him in violation of his constitutional rights.

After he was arrested in August 2012, Dudley told police that he had downloaded an estimated 500-600 videos of child pornography “out of curiosity,” according to court documents. The Westbrook man said he would delete the videos after viewing them, and he periodically erased his storage drive using “Department of Defense-grade” wiping software.

U.S. District Court Judge George Singal sentenced Dudley to eight years on the child pornography charge and five years on the perjury charge to be served at the same time.

Dudley faced up to 10 years in prison on the child pornography charge and up to five years in prison on the charge of making a false statement. He also faced a fine of up to $250,000 on each charge.

(Joel is due to be released this April.)

With Robin Rage on rhythm guitar and lead vocals, Justin Rowell-Savage on lead and backing vocals (ie, Hannibal Lector,) Matt Moscillo on drums and backing vocals (“I’m not that hungry, Mrs. Steele!”) Tim “Quiet Thunder” Hawkins on bass.  Produced and recorded by Jim Svensen and Guitardoors.org, a non-profit which records incarcerated musicians.

Thanks, Jim.

Rage

Couple indicted in Augusta man’s murder

Zina Fritz and Michael Sean McQuade lived in apartment where killing occurred

An Augusta couple has been charged with murder in connection with the drug-related death of a man last November.

Zina Fritz, 27, and her boyfriend, Michael Sean McQuade, 45, were both indicted on murder charges stemming from the death of Joseph Marceau, 31, of Augusta, on Nov. 23, according to Steve McCausland, spokesman for the Maine Department of Public Safety spokesman.

Fritz and McQuade lived in the apartment at 75 Washington St., Augusta, where Marceau’s body was found.

Investigators have not disclosed how Marceau died but have said the death was drug-related.

Augusta police arrested the couple on unrelated charges last week. They were told of the indictment against them Monday, McCausland said.

A third person, Damik Davis of New York, was arrested on a murder charge the day Marceau’s body was discovered.

Police went to the apartment after receiving a report of a disturbance.

Fritz and McQuade are expected to make their first court appearance Tuesday at the Capital Judicial Center in Augusta.

 

Augusta couple pleads not guilty to murder, robbery

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AUGUSTA, Maine — An Augusta man and woman pleaded not guilty Tuesday to murder, felony murder and robbery in the Nov. 23 death of an Augusta man.

Zina Marie Fritze, 27, and her boyfriend, Michael Sean McQuade, 45, were indicted last week by a Kennebec County grand jury on charges of intentional or knowing or depraved indifference murder, felony murder and robbery.

Tuesday’s appearance at the Augusta Judicial Center was their first since the indictments.

Felony murder is a crime for which someone is charged when they are alleged to have caused the death of someone while committing murder, robbery, burglary, kidnapping, arson, gross sexual assault or escape.

Both will remain in jail without bail pending February hearings, Superior Court Justice Daniel Billings determined.

Another man, Damik Davis, 25, of Queens, New York, was arrested and charged with murder the day Joseph Marceau’s body was found. Davis remains in at Kennebec County Jail.

The body of Marceau of 23 Winthrop St., Augusta, was found Nov. 23, 2015, in a fourth-floor apartment rented by Fritze and McQuade at 75 State St., in Augusta.

Police have called the death a drug-related homicide, but Assistant Attorney General John Alsop, who is prosecuting the case, said following the arraignment that the felony murder charge results from the allegation of robbery and that neither Fritze nor McQuade are charged with any drug-related crimes.

Alsop said no decision has yet been made about whether to seek to join the two cases.

Immediately following Davis’ arrest, police began searching for Fritze and McQuade. They were were located, questioned and released by police two days after the homicide.

However, they were arrested by Augusta police Friday on unrelated charges and have been held in jail since then. The felony indictments were announced Monday.

Fritze’s attorney, Darrick Banda, declined to comment on the current charges, having just been assigned the case Monday. Attorney Andrew Dawson, who represents McQuade on lesser charges of theft, appeared Tuesday with McQuade, but another attorney will be appointed to represent him on the murder charges, Billings said.

Augusta murder suspect dies after being found hanging in jail cell

Zina Fritz, 27, charged with murder stemming from death of Joseph Marceau

Zina Fritz, 27, who was charged with murder stemming from the death of Joseph Marceau, 31, of Augusta, on Nov. 23, died Wednesday, said Steve McCausland, spokesman for the Maine Department of Public Safety.Fritz was found hanging by a bed sheet in her Kennebec County Jail cell Wednesday afternoon, McCausland said.

She was taken to MaineGeneral in Augusta, but died in the ambulance.

Fritz’s death will be investigated by Maine State Police and the attorney general’s officer per state protocol, McCausland said.

Fritz and her boyfriend, Michael Sean McQuade, 45, lived in the apartment at 75 Washington St., Augusta, where Marceau’s body was found.

Fritz and McQuade pleaded not guilty in court on Tuesday and were ordered held without bail.

 

Michael Sean McQuade, defendant in Augusta murder, facing burglary, theft charges

Michael Sean McQuade, 45, of Augusta, was charged Friday by a grand jury in Kennebec County with two counts of burglary, six counts of burglary of a motor vehicle, and eight counts of theft by unauthorized taking, all between May 1, 2015, and Nov. 10, 2015, and all in Augusta.

An indictment is not a determination of guilt, but it indicates that there is enough evidence to proceed with formal charges and a trial.

McQuade pleaded not guilty Jan. 26, 2016, to the prior indictment charging him with murder, felony murder and robbery, in what police say was a drug-related crime.

McQuade’s girlfriend, Zina Marie Fritze, 27, who also was indicted on the murder and robbery charges, committed suicide in jail on Jan. 27, 2016, after she too pleaded not guilty to those offenses.

Marceau was found beaten to death Nov. 23, 2015, in the Washington Street apartment that had been occupied by McQuade and Fritze. Another man, Damik Davis, 26, of Queens, New York, who was arrested shortly after Marceau’s body was found, also pleaded not guilty to murder in three separate forms — intentional or knowing or depraved indifference — as well as felony murder, murder, and robbery, all related to Marceau’s death.

Two men to be sentenced Monday in beating death of Augusta man

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Damik ‘Doughboy’ Davis and Michael ‘Dirty’ Sean McQuade both blamed a third man, Aubrey Armstrong, for the killing of Joseph Marceau.

AUGUSTA — Two more men are to be sentenced Monday in the Nov. 23, 2015, drug-related bludgeoning death of Joseph Marceau, 31, of Augusta.

The hearing is set for 1 p.m. at the Capital Judicial Center.

Damik “Doughboy” Davis, 28, of Queens, New York, and Michael “Dirty” Sean McQuade, 47, of Augusta, pleaded guilty 11 months ago to felony murder and robbery in the Augusta killing and signed agreements with the state that spelled out their sentencing parameters.

The agreements said they would cooperate with prosecution of others in the case.

A third man, Aubrey Armstrong, 29, of Far Rockaway, Queens, New York, was sentenced on July 13 to 30 years in prison for felony murder and a concurrent 29 years for the robbery.

Under Maine law, a person is guilty of felony murder if he or she commits or attempts to commit a felony – murder, robbery, burglary, kidnapping, arson, gross sexual assault, or escape – and this causes the death of another person.

Justice Daniel Billings said there wasn’t enough evidence to convict Armstrong personally of carrying out the murder.

It is not clear who administered the fatal blows to 31-year-old Marceau in the trash-strewn, fourth-floor apartment on Washington Street from which McQuade and his girlfriend Zina Fritze had been evicted. Fritze committed suicide in jail a day after pleading not guilty to the murder charge.

Davis and McQuade blamed Armstrong for the fatal beating. Armstrong did not testify at his trial.

Billings unsealed the two cooperation agreements Friday. The agreements, signed Aug. 22, 2017, say that the murder charges against Davis and McQuade will be dismissed when they are sentenced on the felony murder and robbery charges.

Davis agreed to a sentence of 30 years – 10 years suspended. He was not called to testify at Armstrong’s trial.

McQuade, who testified at Armstrong’s trial and said he saw Armstrong beat Marceau to death, agreed to a sentence of 25 years, with 10-15 years suspended.

McQuade also is to be sentenced on a series of burglary, theft and burglary of a motor vehicle charges to which he previously pleaded no contest.

McQuade testified that Armstrong wanted to rob Marceau of 5 grams of heroin and that McQuade and Fritze accompanied Davis, Armstrong and Marceau to the apartment.

He said he saw Marceau standing with his back to the entry door and Armstrong and Davis facing him.

“Immediately a milk bottle came smashing down across Joe’s head,” McQuade testified. “It was like a nanosecond, then Doughboy came smashing down with a chair across his head.”

McQuade said during the first 10 seconds Marceau hollered for them to “just take it,” meaning the drugs, but the beating didn’t stop.

 

Two more men sentenced in 2015 murder case

AUGUSTA, Maine (WABI) – Two more men were sentenced Monday for their involvement in the 2015 murder of Joseph Marceau

.Michael “Dirty” Sean McQuade received 12 years in jail for his guilty plea of felony murder and robbery.

Damik “Doughboy” Davis got 20 years behind bars on the same charges.

The sentences were reduced due to cooperation in the investigation from both individuals.

Maine Assistant Attorney General John Alsop says there were no surprises, as they reached deals beforehand.

“Both cases – these outcomes were something that we agreed upon some time ago,” says Alsop. “Both of these gentlemen agreed to cooperate and testify against Mr. Armstrong.”

The defense teams were also satisfied with the deals reached.

“I think that Michael McQuade realized that this is a terrible tragedy and has taken responsibility for that, so I think it’s been good that there’s been closure for both him and the family,” says Andrew Wright, McQuade’s defense attorney.

“Mr. Davis received a 20 year sentence,” says Stephen Smith, Davis’ defense attorney. “We’re pleased with the outcome. It was a negotiated outcome.”

Aubrey Armstrong was given 30 years in jail earlier this month for his role in the murder.

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AUGUSTA – John P. L’Heureux, a Sanford man known for his wild rage and violent
past, is accused of killing two people, torching two houses and firing a shot
at a trooper before quietly surrendering to police early Wednesday morning, 25
hours after his crime spree began, police said.

L’Heureux, 28, has been charged with two counts of murder in the deaths of
Kristen Smith, 16, his stepdaughter, who recently completed her sophomore year
at Cony High School in Augusta; and Mary Small Turner, 87, a hairdresser and
his former landlady.

Smith was apparently beaten with a piece of wood and left half-naked in a
shallow grave outside Augusta, police said. Turner was smashed with a vacuum
cleaner and strangled before her Augusta home was set on fire, court documents
show. L’Heureux also has been charged with arson.

L’Heureux, shaggy-haired and heavy-lidded, made his first appearance in
Kennebec County District Court on Wednesday afternoon.

He did not enter a plea. A bail hearing is set for Monday. He is being held
without bail at Kennebec County Jail.

L’Heureux’s arrest came after hours of non-stop work by police from central and
southern Maine. Their efforts to solve arsons in Augusta and Shapleigh and to
find a girl missing from Vassalboro mushroomed into a manhunt for a killer.

L’Heureux, released from prison in February 1995 after serving time for a
savage attack on a Sanford woman in 1991, was the common link.

The chain of events, which spanned 90 miles, began about 11:30 p.m. Monday when
L’Heureux spotted Kristen Smith outside an Augusta convenience store, according
to an affidavit filed by police.

Beth White, 24, who was with Smith that night, said Smith told her she was
going for a ride with L’Heureux because he said he had had a fight with her
mother and he needed to talk to someone, according to police reports. Smith
never returned.

L’Heureux told detectives he drove her to St. Mary’s Cemetery in Manchester,
about three miles from downtown Augusta. Once there, he assaulted her, beat her
with a piece of poplar wood, then buried her in a shallow grave near the
cemetery, police said. Her body was found there early Wednesday morning. She
was naked from the waist down.

Police say L’Heureux left the cemetery and headed back to Augusta and Turner’s
home at 25 Myrtle St., where he and his wife and stepchildren had lived in an
upstairs apartment for seven months before moving to Sanford in mid-June.
L’Heureux knew Turner’s back door would be unlocked, police said.

”He said that he intended to kill her because she had complained about getting
old and how difficult it was growing old,” Maine State Police Detective
William Harwood wrote in his affidavit. ”He said he hit her with a vacuum
cleaner and then set the house on fire. He said that Ms. Turner was still alive
as the fire was starting and he stepped on her throat.”

Turner’s neighbors reported the fire about 2 a.m. Tuesday. Turner’s body was
found in the living room. An autopsy, performed Tuesday, showed Turner died
from strangulation, and that her face and head were battered.

Tuesday morning, as investigators sifted through Turner’s charred home, Kristen
Smith’s family reported her missing to the Kennebec County Sheriff’s Office.
Smith’s mother, Joy Robie L’Heureux drove up to Vassalboro, where Smith had been
staying with her father, Arnold Smith.

Joy Robie L’Heureux and Arnold Smith declined to comment Wednesday.

By 6 p.m. Tuesday, L’Heureux was back in southern Maine, torching a cabin in
Shapleigh, police said. Detectives said L’Heureux may have had some sort of tie
with a former caretaker of the cabin, but no specifics were provided.

Not far from the cabin, firefighters spotted a car on fire, a tip that this
fire was no accident.

A check of the car’s registration revealed the names John and Joy L’Heureux.
The puzzle was coming together with one piece missing: John L’Heureux.

L’Heureux did not make much effort to hide from police, according to court
documents. About 12:30 a.m. Wednesday, he shot out the rear window of Trooper
Gerome Carr’s cruiser as Carr left the scene of the Shapleigh fire. Police
descended on the area.

L’Heureux then stepped out of the woods and told Carr and Trooper Peter Sheldon
that he had been on the run for two days. He asked the troopers if they were
looking for him.

”Should we be?” Sheldon countered.

”I killed that old lady in Augusta and torched the house,” L’Heureux told the
troopers, according to a police affidavit.

Maine State Police Lt. Tim Doyle said police still haven’t been able to answer
one vexing question: Why did he do it?

”We’re looking into the facts and circumstances,” Doyle said. ”But right now
there is no apparent motive.”

The details of the murders dumbfounded some of L’Heureux’s acquaintances in
Augusta and Sanford.

Flossie Panek, who visted her elderly friend Mary Turner daily, and helped
Turner with her errands and her tenants, said she knew John L’Heureux as
clean-cut, quiet and well-mannered.

”I could not believe when everyone said this was the gentleman who had done
this,” Panek said. ”I thought ‘No, it can’t be.’ ”

Panek went to Kennebec County District Court to see the accused killer for
herself, and her disbelief soon turned to anger.

”This man is beyond sick,” she said.

Panek said Joy and John L’Heureux left Turner’s apartment on amicable terms
with the former landlady, after L’Heureux lost his job in Augusta.

L’Heureux’s new neighbors in Sanford were similarly disturbed by the charges.

”He seemed like a hell of a nice guy,” said Joe Dionne, who lived next door
to L’Heureux on River Road. ”My wife is in shock today.”

L’Heureux’s criminal history, however, is well-known among some in Sanford,
where he was raised and where he attacked a woman in 1991.

Tammy Andrews was beaten, then run over with a car and left – grievously
injured – by the town dump. Her pelvis was broken in four places, her hips in
nine, and for more than a week her face was swollen beyond recognition.

L’Heureux was originally charged with attempted murder in that case, but he
pleaded guilty to the lesser charge of aggravated assault because prosecutors
acknowledged their case was largely circumstantial. Andrews could not remember
the attack.

At his sentencing hearing in 1992, L’Heureux apologized to Andrews.

”There’s no excuse,” he told her. ”I know what I’ve done and I wish I could
change what happened. You were an innocent victim to my rage.”

By Sarah Ragland 
Staff writer Gregory Kesich and news assistant Will Bartlett contributed to
this report.

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