Bernier found innocent in criminal threat case

Brock Lapierre points out where he says Michael Bernier drove his snow machine the evening of Feb. 1 as public defender Linda Slamon and defendant Michael Bernier look on Tuesday in Rochester District Court. (Lebanon Voice/Harrison Thorp photos)

ROCHESTER, N.H. - Minutes after Milton Police Officer Melissa Curtin arrived at 7 Jackson St. in Milton the night of Feb. 1 Michael Bernier came out of his nearby Felker Drive home yelling at her that he'd been assaulted by neighbor Brock Lapierre and that he should be arrested.

But minutes after that, it was Bernier, not Lapierre, being arrested, for disorderly conduct. He was then driven to be booked at Strafford County Jail by Milton Police Cpl. Andrew Magargee, who during the drive was allegedly criminally threatened by Bernier adding to yet another charge against the former decorated Air Force veteran and Milton selectman candidate.

In a trial that began back on Sept. 9 and concluded with three more hours of testimony and arguments on Tuesday in Rochester District Court, Bernier was found guilty of a violation level of disorderly conduct and innocent of criminal threatening.

Bernier was fined $250 on the disorderly violation, with $150 suspended pending a year of good behavior.

He was also fined $500, with $250 and a 30-day jail sentence suspended for one year of good behavior for stalking Magargee at the Emma Ramsey Center on Election Day where Bernier went to vote last March and Magargee was in a candidates' line outside Town Hall. Ashley had found Bernier guilty on that count last month but did not pronounce sentence until Tuesday.

Ashley found Bernier innocent, however, of the criminal threatening charge based on studies she had made on precedent associated with previous cases.

Magargee had testified he felt the threats made to his physical safety as he drove Bernier to the jail the night of Feb. 1 were "credible," saying Bernier told him, "I will --- you up. That's not a threat, that's a fact."

Bernier, however, testified that he was venting because he was mad that Magargee hadn't arrested Lapierre, whom he said assaulted him. He also meant he was going to sue Milton Police for improper arrest, he said.

Lapierre, himself, was charged in the assault about three weeks after the Feb. 1 incident and later pleaded guilty to misdemeanor simple assault.

Much of Tuesday's testimony revolved around separate accounts of the events Feb. 1 by Bernier and Lapierre.

Lapierre back on Sept. 9 testified that he and his wife were inside their home and that Bernier began doing doughnuts in their yard on a snow machine and yelling obscenities to him and his wife. He said he then went outside to confront Bernier who was walking toward his porch. He said Bernier lunged at him so he threw him to the ground and punched him three times then went back to his house.

Public Defender Linda Slamon and prosecuting attorney Deputy Sheriff Dan Donovan take part in a 20-minute sidebar conference with District Court Judge Susan Ashley on Tuesday at Rochester District Court as defense witness Emil Rouleau looks on.

Bernier, whose account the court had not heard until Tuesday, said he and a friend had come home and had a drink to celebrate a successful charity event and then his dog had gotten loose. He said he knew the dog was afraid of his snow machine so he started it up and drove around looking to corral it. After he got off and began walking toward his porch, he testified he heard someone say, "Hey, Mike" and turned around. He said that was the last thing he remembered until he came to, realized he'd been assaulted and saw Lapierre running back to his home.

He testified he never yelled obscenities at the Lapierres. He said what would be the point, they couldn't have heard them over the noise of the snow machine, anyway.

Bernier's friend, Emil Rouleau, corroborated much of Bernier's testimony, saying when the dog got loose, Bernier got on his snow machine and went to try to get the dog to come home. Rouleau testified he never heard anyone yelling. He said he was inside Bernier's house looking after Bernier's young daughter when he looked out the window and saw a man on top of his friend, punching him. He said he went outside, pushed the man off Bernier and told him to leave, but that it happened so fast he couldn't identify the assailant.

By the time Milton Police Officer Melissa Curtin arrived, Lapierre was back in his house and Bernier was back in his, she testified.

While she was interviewing Lapierre she said Bernier left his house, walked up to her and demanded that Lapierre be arrested. Bernier smelled of alcohol, she testified and she concluded he was intoxicated.

Bernier then went back to his house and went inside.

When Magargee, the senior officer, arrived he also interviewed Lapierre then went to Bernier's house and sought to interview him.

Magargee testified that Bernier came out of the house yelling at him to arrest Lapierre and that Bernier smelled of liquor. Magargee said he tried to interview Bernier, but soon he turned and went back inside the house and slammed the door. Magargee said Bernier opened the door again and yelled at Magargee to get back in his car and leave. Magargee then testified as Bernier was about to slam the door a second time he forced his foot against the door knocking it back into Bernier who fell to the floor. He then said he placed Bernier under arrest.

He said he had to use a small amount of force to handcuff him.

"How come you didn't charge him with resisting arrest," Slamon said on cross-examination.

She also asked why Lapierre wasn't arrested since he had told police he hit Bernier.

Magargee told Slamon he was trying to get both sides of the story and that Bernier became belligerent and unruly during the interview setting in motion his arrest and subsequent charges.

He was telling you to arrest the man who assaulted him and when you didn't he was saying, "If you're not going to do your job, leave," Slamon argued.

Slamon also called into question whether Magargee had the right to enter Bernier's home to arrest him on what was substantively a violation-level disorderly conduct arrest, saying he entered the home without a warrant or an invitation.

"The officer," Slamon said referring to Magargee, "went through my client's door and threw my client to the ground; that was unlawful entry."

In closing arguments prosecuting attorney Deputy Sheriff Dan Donovan said, "What we have here are two different stories. These two (Bernier and Lapierre) should have gone their separate ways."

He added that officers have to interview both sides in an altercation like what happened on Felker Drive. He said the officers interviewed Lapierre and were trying to interview Bernier, who began telling officers what to do and became belligerent. He argued that a legitimate decision was made to arrest him.

"So he is arrested for a violation," Slamon countered bitterly in her closing, adding maybe that's why Bernier thinks there is a double standard with Milton Police.

Lapierre was charged with the Feb. 1 assault about three weeks later.

Ashley did agree to vacate the "no contact" order between Magargee and Bernier.

"Let's hope we hear nothing more about this," she said.

Slamon said her client may appeal the stalking conviction from Sept. 9.

Donovan said after the trial, "I think it (the sentence) is fair. Hopefully those two can get along."

Bernier meanwhile, while complimenting his counsel, said he was unhappy with the verdict and that the judge was "protecting the police officers."