A former Waldoboro resident who allegedly assaulted a woman in a pickup truck is facing a conviction for either domestic violence assault or disorderly conduct as part of a deferred disposition agreement, and an aggravated assault charge against him has been dismissed.
Roger A. Feltis, 22, now of Canaan, was indicted in March on charges of aggravated assault, class B, and domestic violence assault, class D, for an incident in Damariscotta in January.
According to the affidavit of Damariscotta Police Officer Devin Polizzotti, two witnesses reported seeing a male in a green, two-tone pickup truck strike a girl and then choke her on Jan. 4.
The vehicle was later located in Nobleboro, and Feltis was arrested.
“The female victim had red marks on her face and around her throat and neck area,” Polizzotti wrote.
The aggravated assault charge was dismissed on April 27 after Feltis pleaded guilty to the domestic violence assault charge, according to court paperwork.
The plea was a part of a deferred disposition agreement under which, if Feltis complies with several requirements, the domestic violence assault charge will be dismissed and he will instead plead guilty to a disorderly conduct charge and pay a $250 fine.
The requirements include completing a certified batterers intervention program and refraining from new criminal conduct for 18 months, among others.
If Feltis fails to abide by the terms of the agreement, he faces an open plea on the domestic violence assault charge, meaning he could be sentenced to as much as 364 days in jail and be fined up to $2,000.
Assistant District Attorney Katie Hollstrom, the prosecutor in the case, said the agreement was made in light of the difficulty in pursuing the aggravated assault charge without the alleged victim’s cooperation.
“The victim was completely uncooperative from the beginning,” Hollstrom said May 11.
The alleged victim’s testimony and testimony of witnesses around the truck was that it was a verbal-only argument, but two witnesses reported seeing Feltis swing at the girl, Hollstrom said.
One of those two witnesses reported seeing Feltis put his hands on the girl’s throat at the time the other witness was calling to report the alleged assault, Hollstrom said.
In order to prove the aggravated assault charge, however, Hollstrom said she would need to prove a stoppage of blood or air by the alleged strangulation.
“Though she had some bruising on her throat, without her testimony I can’t prove it beyond a reasonable doubt,” Hollstrom said.
Hollstrom said she also wanted Feltis to undergo some counseling, and the 18-month-long deferred disposition will give him time to complete a 48-week certified batterers intervention program.
“My focus was to stop this behavior from happening in the future,” she said.
Feltis will also be under some supervision because he is subject to bail conditions during the term of the deferred disposition, Hollstrom said.
A call to Feltis’ attorney, Stephen Bourget, was not returned by press time.