Kathy Pinna
Two Men Indicted . . .
. . . in beating with post.
The following article appeared in the Portland Press Herald on Saturday, December 9, 1995, written by Jason Wolfe, Staff writer:
The pair are charged with using a wooden baluster against Hank Chipman, who later died.
Two men involved in a fatal brawl on a Portland street in October have been indicted by a Cumberland County grand jury. Allen R. Simone, 21, of South Portland is charged with manslaughter and aggravated assault in the death of Hank E. Chipman. Marc P. Pelletier, 22, of Portland is charged with aggravated assault. Both men are accused of using a wooden baluster to strike Chipman during an altercation Oct. 20 in front of Pelletier's apartment at 51 Hancock St. at the bottom of Munjoy Hill.
The state alleges Simone struck the fatal blows to cause Chipman's death. Chipman, a 21-year-old construction worker from Madison, died hours later at Maine Medical Center after suffering two skull fractures during the fight. The state Attorney General's Office initially did not charge anyone in the death, choosing instead to present evidence to a grand jurly and allow the panel to decide. The indictment was made public Friday.
Portland Police Chief Michael Chitwood called the case complex, saying detectives worked hard to interview witnesses to reconstruct the evening's events. The combatants were quickly identified, he said. Some witnesses claimed the Chipman was armed as well with a wooden post and may have started the alcohol-fueled confrontation, he said. "This was a drunken brawl that had tragic consequences" Chitwood said. "One guy's dead and two guys are facing criminal charges. And you know what, none of this had to happen." Chitwood said Simone and Pelletier appear to be law-abiding young men without criminal records. Chipman, too, was not considered a troublemaker.
Simone could not be reached for comment. Pelletier referred questions to his attorney, John G. Connor. Connor said Pelletier can make a very strong case for self-defense. He said he is surprised the case was ever presented to a grand jury. "A grand jury indictment is nothing," Connor said. "If you place in front of (a grand jury) evidence of a drunken brawl and a death, yeah, they're going to indict. But it's not an indication of the slightest bit of guilt."
The nigh the brawl occurred, Chipman was in Portland visiting college friends. He and three friends had been in the Old Port drinking when the bars closed at 1 a.m. Chitwood said Chipman and a companion later returned to a friend's apartment on Hancock Street. Police believe Chipman then went across the street to an apartment occupied by four young men, including Pelletier. He became involved in an altercation with them, left and returned with some type of blunt object such as a stick or a bat, police said. A second fight then occurred in the street with the apartment dwellers.
Police who responded to the scene found Chipman bleeding and unconscious in the street. Connor said the incident harly qualifies as a drunken brawl. Pelletier and Simone were unwilling participants trying to protect themselves, he said. Connor said Chipman twice stumbled unannounced into Pelletier's apartment. They told him to leave. The fight began after they removed him a second time. Connor said Chipman returned with a wooden stick and smacked on of Pelletier's friends across the face, opening a gash.
At that point, Connor said, Pelletier and Simone armed themselves and confronted Chipman. He said his client struck Chipman in the arms and torso only. Connor said the issue in the case is not whether the two men acted in self-defense, but whether they exceeded the force necessary to protect themselves and others against Chipman. These are not street punks of people who go out looking for fights," Connor said.
Manslaughter is a Class A felony punishable by up to 40 years in prison. The aggravated-assault charges are Class B felonies punishable by up to 10 years in prison.
The following article appeared in the Portland Press Herald on Saturday, December 9, 1995, written by Jason Wolfe, Staff writer:
The pair are charged with using a wooden baluster against Hank Chipman, who later died.
Two men involved in a fatal brawl on a Portland street in October have been indicted by a Cumberland County grand jury. Allen R. Simone, 21, of South Portland is charged with manslaughter and aggravated assault in the death of Hank E. Chipman. Marc P. Pelletier, 22, of Portland is charged with aggravated assault. Both men are accused of using a wooden baluster to strike Chipman during an altercation Oct. 20 in front of Pelletier's apartment at 51 Hancock St. at the bottom of Munjoy Hill.
The state alleges Simone struck the fatal blows to cause Chipman's death. Chipman, a 21-year-old construction worker from Madison, died hours later at Maine Medical Center after suffering two skull fractures during the fight. The state Attorney General's Office initially did not charge anyone in the death, choosing instead to present evidence to a grand jurly and allow the panel to decide. The indictment was made public Friday.
Portland Police Chief Michael Chitwood called the case complex, saying detectives worked hard to interview witnesses to reconstruct the evening's events. The combatants were quickly identified, he said. Some witnesses claimed the Chipman was armed as well with a wooden post and may have started the alcohol-fueled confrontation, he said. "This was a drunken brawl that had tragic consequences" Chitwood said. "One guy's dead and two guys are facing criminal charges. And you know what, none of this had to happen." Chitwood said Simone and Pelletier appear to be law-abiding young men without criminal records. Chipman, too, was not considered a troublemaker.
Simone could not be reached for comment. Pelletier referred questions to his attorney, John G. Connor. Connor said Pelletier can make a very strong case for self-defense. He said he is surprised the case was ever presented to a grand jury. "A grand jury indictment is nothing," Connor said. "If you place in front of (a grand jury) evidence of a drunken brawl and a death, yeah, they're going to indict. But it's not an indication of the slightest bit of guilt."
The nigh the brawl occurred, Chipman was in Portland visiting college friends. He and three friends had been in the Old Port drinking when the bars closed at 1 a.m. Chitwood said Chipman and a companion later returned to a friend's apartment on Hancock Street. Police believe Chipman then went across the street to an apartment occupied by four young men, including Pelletier. He became involved in an altercation with them, left and returned with some type of blunt object such as a stick or a bat, police said. A second fight then occurred in the street with the apartment dwellers.
Police who responded to the scene found Chipman bleeding and unconscious in the street. Connor said the incident harly qualifies as a drunken brawl. Pelletier and Simone were unwilling participants trying to protect themselves, he said. Connor said Chipman twice stumbled unannounced into Pelletier's apartment. They told him to leave. The fight began after they removed him a second time. Connor said Chipman returned with a wooden stick and smacked on of Pelletier's friends across the face, opening a gash.
At that point, Connor said, Pelletier and Simone armed themselves and confronted Chipman. He said his client struck Chipman in the arms and torso only. Connor said the issue in the case is not whether the two men acted in self-defense, but whether they exceeded the force necessary to protect themselves and others against Chipman. These are not street punks of people who go out looking for fights," Connor said.
Manslaughter is a Class A felony punishable by up to 40 years in prison. The aggravated-assault charges are Class B felonies punishable by up to 10 years in prison.
