The survivor of an attempted murder in Waldoboro has filed suit against her attackers seeking an anticipated judgment in partial compensation for medical expenses, injuries to her throat, loss of voice and suffering.
According to the suit, filed in Lincoln County Superior Court Dec. 14, Tracy Neild is seeking $500,000 from accused attackers Corina Durkee and Earl “Buddy” Bieler for damages as a result of their alleged assault against her April 19.
According to court documents, signed by Justice Andrew Horton, Neild should be able to recover over $500,000 in compensatory damages, as well as monies for potential punitive damages.
Bieler and Durkee have been charged in brutal stabbing death of Rachel Grindal and the attempted murder of Neild in front of Neild’s home on Controversy Lane in Waldoboro last April. Bieler and Durkee remain in custody at Two Bridges Regional Jail in Wiscasset, where they have resided since their arrest April 23.
Court documents state Neild continues with physical and speech therapy for her loss of voice. In a sworn affidavit, Neild recounts the incident that began when she arrived home with two friends, Shantelle Quint and Rachel Grindal in Grindal’s van.
Having survived, “against all odds,” Neild identified Bieler and Durkee as her attackers. The affidavit describes the late night incident when Neild saw Durkee had broken into her car and was sitting in it.
Neild said she told Durkee to leave and pulled her out of her car. Bieler then grabbed Neild, at which point Quint came to help her. Neild stated Bieler grabbed and threw Quint to the ground and then got into the van.
The affidavit states Quint was able to escape the scene and run for help. Bieler told Grindal to give him a ride and then he threw her small dog against the dashboard, Neild said
Neild said Bieler got out of the van and tackled her to the ground, with the help of Durkee. Bieler went back to the van, where he stabbed Grindal and shortly afterward, Durkee cut Neild’s throat, she said. The affidavit explains how Neild struggled to reach Grindal and then tried to walk down the road for help, but fell to the ground, unable to breathe or talk. Waldoboro EMS personnel reacted quickly after arriving on scene and rushed Neild to the hospital.
She states she has incurred medical bills in excess of $175,000 as a result of her injuries.
“I am still experiencing a tremendous amount of pain,” Neild said. “I get tired very easily, am anxious and I have difficulty sleeping.”
Neild said she has to have help with simple daily tasks, such as showering and washing her hair. She is unable to work as a result and is without any income.
As stated on a superior court docket dated Dec. 14, Justice Andrew Horton granted an “order of attachment and trustee process” against the pair of defendants in the amount of $500,000 each. The order was granted in advance of trial in light of the evidence and in the likelihood she will recover the judgment. The order allows Neild to seek attachment of additional funds on property owned by Durkee in advance of a foreclosure sale.
The court granted a judgment of foreclosure and sale for property owned by Durkee for breach of mortgage agreement with an Auburn company. Dated Sept. 19, the 90-day redemption period would have expired soon after Neild’s request and the property could then be sold.
Durkee owes over $75,000 on the mortgage and the State of Maine has a tax lien on the property, court documents state. Additional profits from the sale of her home after the debts are satisfied would legally go to Durkee.
The order of attachment and trustee process prevents Durkee from spending the money freely and puts assets on hold until completion of the trial.
A public foreclosure sale of Durkee’s property at 101 Brooks Lane in Waldoboro will be held on Feb. 19 at 2 p.m.