MACHIAS — A Washington County grand jury Wednesday indicted an Eastport man under a new Maine law for elevated aggravated assault. A Washington County assistant district attorney said this may be the first time anyone has been charged with the crime.
Assistant District Attorney Paul Cavanaugh said Friday the law went into effect in September, and a month later, Mark Moholland, 35, was involved in an accident that left Barbara Treworgy, 71, of Calais, seriously injured. An Eastern Maine Medical Center spokesman said Friday that Treworgy still was hospitalized in good condition.
Cavanaugh said a conviction for elevated aggravated assault, which means aggravated assault with “depraved indifference to the value of human life,” could result in a prison sentence of up to 40 years. In the past, he said, the most serious charge of this type was aggravated assault, which carried a penalty of up to 10 years in prison.
On Oct. 12, Moholland, driving a 1991 Chevrolet, was traveling south on Route 1 near Shattuck Road in Red Beach, a village in Calais, when his vehicle crossed into the oncoming lane and collided head-on with a 1990 Buick driven by retired Calais businessman Robert Treworgy, 72. Treworgy’s wife, Barbara, suffered multiple broken bones. She was taken by ambulance to Calais Regional Hospital and later that night was transferred to EMMC in Bangor.
Moholland fled the scene, but was arrested in Red Beach later that night.
“In this case, the state is alleging that Mr. Moholland was operating his car at a high rate of speed, as yet undetermined, and when he was arrested he had a .22 blood-alcohol level,” Cavanaugh said. He said a driver can be cited for driving under the influence if he has a blood-alcohol level of .08.
Cavanaugh said that in 1992 and 1994, Moholland was charged with OUI. In 1986, he said, while Moholland was in the Virgin Islands, he was convicted of negligent homicide after he killed someone with a motor vehicle.
In addition to elevated aggravated assault, Moholland also was charged with aggravated assault and aggravated criminal operating under the influence of intoxicants.
In addition, the grand jury also indicted:
Robert Barter, 20, Calais, eluding an officer, operating after suspension and failure to stop.
Serge Newell, 20, Pleasant Point, arson, burglary and theft.
Conrad Apt, 25, Pleasant Point, arson, burglary and theft.
Allen Howard, 18, Eastport, arson, burglary and theft.
Ronald Hall, 26, Eastport, aggravated assault and assault.
James Raye, 27, Eastport, aggravated assault and assault.
Brian Ritchie, 20, Eastport, aggravated assault and assault.
Timothy Wood, 28, East Machias, arson.
Shawn Woodbury, 18, Machias, aggravated criminal mischief, criminal threatening and terrorizing.
Merrill Matthews, 37, Lubec, eluding an officer, failure to stop, driving to endanger and criminal speeding.
John Polley, 25, Machias, arson, aggravated criminal mischief, assault on an officer, violation conditions of release, unlawful possession of a Schedule W drug and refusing to submit to arrest or detention.
Brent Brooks, 19, Cherryfield, two counts of theft and one count of burglary.
Ricky Brown, 39, Pembroke, possession of a firearm by a felon, unsworn falsification and three counts of theft.
Tina Beal, 34, Addison, acquiring drugs by deception.
Michael Reynolds, 38, Addison, acquiring drugs by deception.
Carlo Calcasola, 20, Machias, furnishing scheduled drugs.
Kevin Mahar, 36, Lubec, two counts of unlawful trafficking in scheduled drugs and one count of aggravated trafficking in scheduled drugs.
Brian Dowling, 44, East Machias, aggravated trafficking in scheduled drugs.
Perry Pennell, 43, Machias, aggravated trafficking in scheduled drugs and loaded firearm in motor vehicle.