A prosecutor has dismissed an aggravated assault charge against a Damariscotta man for his role in an altercation outside the Wiscasset town office last July.
Assistant District Attorney Andrew Wright cited “fairness and justice” and a question of witness credibility in dismissing the class B felony charge against Michael L. Hanna, 39, of Damariscotta.
The dismissal appears to bring to an end attempts to prosecute both parties to the incident.
James T. “B.J.” Fitzpatrick, 64, of Bristol, and Hanna allegedly fought outside the town office shortly before 9:30 a.m., July 10, 2013, according to The Lincoln County News archives.
“Hanna was subsequently dragged by the suspect vehicle and sustained serious injuries,” according to a Wiscasset Police Department press release from the day of the incident.
The investigation initially focused on the driver of the vehicle. The police department identified the driver as Fitzpatrick and charged him with class C leaving the scene of a personal injury accident and reckless conduct with a dangerous weapon July 11, 2013.
Several weeks later, police charged Hanna with aggravated assault.
The district attorney’s office dismissed the charges against Fitzpatrick Dec. 9, 2013, citing insufficient evidence.
A grand jury indicted Hanna Dec. 10, 2013. According to the indictment, Hanna “did intentionally, knowingly, or recklessly cause bodily injury to (Fitzpatrick) under circumstances manifesting extreme indifference to the value of human life.”
Fitzpatrick’s attorney, William Avantaggio, told The Lincoln County News at the time that “it appears to have been a case of self-defense” for Fitzpatrick, an account he said was backed up by “a number of eyewitnesses.”
The district attorney’s office dismissed the charge against Hanna Aug. 7.
Hanna suffered “life-threatening injuries at the hands of the victim in this case,” Wright said in the dismissal. “Those injuries continue to be significant and (Hanna) is seriously and permanently impaired by those injuries.”
“Furthermore, a witness in this matter has had a change of circumstances that calls into question his credibility,” Wright said. “Considering all of these factors, the state moves to dismiss the present charges in the interest of fairness and justice.”
Wright was not available for comment Friday.
A class B charge carries a maximum penalty of 10 years in prison and a $20,000 fine; a class C charge carries a maximum penalty of five years in prison and a $5,000 fine.
