State of Maine v. Gillis

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STATE OF MAINE CUMBERLAND, ss. ~ ...", '! "'" , SUPERIOR COURT CRIMINAL ACTION Docket N.o. CR-07-1,69~-V vJ SB -C Un',- \ '7 j 'rq/eoo STATE OF MAINE, v. DECISION DONALD L GARBRfCHT TIMOTHY J. GILLIS, , 111M: iR[?ARV Defendant. JAN 1 5 2008 FINDINGS 1. On April 26, 2007 in South Portland Officer Matthew Cyr received a dispatch assigning him to a suspected operating under the influence case. 2. An off-duty officer had called dispatch to say he was following a car that was II all over the road." 3. The off-duty officer called in the route of the erratic operator as it progressed and Officer Cyr changed route accordingly. 4. Finally on Eisenhower Road Officer Cyr caught up with the off-duty officer. 5. The off-duty officer was in his personal vehicle but had somehow stopped a vehicle on the side of the road, directly in front of the officer's car. 6. Officer Cyr approached the stopped car. Mr. Gillis was the lone occupant of the car. There were no other civilians in the area. Mr. Gillis was sitting in the driver's seat. 7. Mr. Gillis, by stipulation, was impaired. 8. Officer Cyr believes he spoke with the off-duty officer at the scene, but can't remember what was said. 9. Officer Cyr eventually arrested Mr. Gillis for OUI. DISCUSSION Mr. Gillis doesn't dispute that Officer Cyr had probable cause to believe he was under the influence. Mr. Gillis disputes that Officer Cyr had probable cause to believe he was driving and therefore should not have arrested him. Proof of operation in this case is circumstantial. Mr. Gillis was the only civilian in the area. There were no other occupants in the car. He was sitting in the driver's seat. His car was located directly in front of the off-duty officer's car and the off-duty officer had just provided a running account of following an erratic operator. Although Officer Cyr has forgotten the information passed along to him at the scene by the off duty officer, it would be ludicrous to infer that the off-duty officer would allow Officer Cyr to go ahead and arrest Mr. Gillis if Mr. Gillis were not the driver who had been operating erratically. The State has produced circumstantial evidence sufficient to provide probable cause that Mr. Gillis was operating. Mr. Gillis argues that no inference can be based on the off-duty officer's words or conduct because he did not testify at trial. Mr. Gillis argues that the reports to dispatch were hearsay. They are not hearsay because they were not introduced to prove the truth. They were introduced to prove that Officer Cyr had sufficient reliable information to conclude that Mr. Gillis was operating the vehicle. An off-duty officer is per se reliable and there is no doubt he had a solid basis to report what he reported. The clerk will make the following entry on the docket by reference: Defendant Timothy Gillis' motion to suppress is denied in all respects. DATED: November ~ 2007 William S. Brodrick Active Retired Justice, Superior Court a t.,": -,. 2 STATE OF MAINE SUPERIOR COURT CUMBERLAND, 66. Docket No PORSC-CR-2007-01698 vs TIMOTHY J GILLIS 2S GROVE HILL RD BUXTON ME 04093 DOCKET RECORD DOB: OS/01/1968 Attorney: WILLIAM CHILDS CHILDS RUNDLETT FIFIELD SHUMWAY LLC 2S7 DEERING AVENUE PORTLAND ME 04103 RETAINED OS/23/2007 State's Attorney: STEPHANIE ANDERSON Charge(s) 1 OPERATING UNDER THE INFLUENCE Seq 9878 29-A 2411 (l-A) (A) CYR / SPO 04/26/2007 SOUTH PORTLAND Class D Docket Events: 06/22/2007 Charge (6): 1 TRANSFER - TRANSFER FOR JURY TRIAL EDI ON 06/22/2007 @ 18:00 TRANSFERRED CASE: SENDING COURT CASEID PORDCCR200703S24 FILING DOCUMENT - NON CASH BAIL BOND FILED ON 04/30/2007 Charge (s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 06/0S/2007 @ 8:30 in Room No. NOTICE TO PARTIES/COUNSEL Charge(s): 1 HEARING - ARRAIGNMENT WAIVED ON 06/04/2007 @ 8:30 in Room No. 1 1 847 BAIL BOND - $2,SOO.00 UNSECURED BAIL BOND FILED ON 04/30/2007 Bail Amt: $2,SOO Date Bailed: 04/27/2007 BAILED FOR 6/S/2007 @ 0830 06/22/2007 Party(s): TIMOTHY J GILLIS ATTORNEY - RETAINED ENTERED ON OS/23/2007 96S Attorney: WILLIAM CHILDS Charge (s): 1 SUPPLEMENTAL FILING - COMPLAINT FILED ON 06/01/2007 JAMES TURCOTTE, ASSISTANT CLERK Charge(s): 1 PLEA - NOT GUILTY ENTERED BY COUNSEL ON 06/0S/2007 @ 8:30 in Room No. 847 Charge (6): 1 TRIAL - BENCH SCHEDULED FOR 07/31/2007 @ 10:30 in Room No. NOTICE TO PARTIES/COUNSEL 1 1 847 page 1 of 3 Printed on: 11/30/2007 TIMOTHY J GILLIS PORSC-CR-2007-01698 DOCKET RECORD Charge(s): 1 TRIAL - BENCH NOT HELD ON 06/21/2007 Charge(s): 1 TRIAL - BENCH NOTICE SENT ON 06/05/2007 JAMES TURCOTTE I ASSISTANT CLERK Charge(s): 1 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 06/20/2007 DEBBIE COOK ASSISTANT CLERK Charge(s): 1 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 06/20/2007 DEBBIE COOK ASSISTANT CLERK SUPPRESS THE STOP Charge(s): 1 TRANSFER - TRANSFER FOR JURY TRIAL REQUESTED ON 06/20/2007 DEBBIE COOK I ASSISTANT CLERK Charge(s): 1 FINDING - TRANSFER FOR JURY TRIAL TRANSFERRED ON 06/22/2007 DEBRA SOUBBLE ADMINISTRATIVE CLERK PORSC 06/25/2007 Charge(s): 1 TRANSFER - TRANSFER FOR JURY TRIAL RECVD BY COURT ON 06/22/2007 BETHANY RODERIGUE ASSISTANT CLERK-E DOCKET ENTRIES RECEIVED FROM 9TH DISTRICT COURT (CR07-3524) 07/26/2007 HEARING - $7.00 MOTION TO SUPPRESS SCHEDULED FOR 09/06/2007 @ 11:00 in Room No. 7 ANDREW M HORTON , JUDGE NOTICE TO PARTIES/COUNSEL SUPPRESS X2 09/07/2007 HEARING - MOTION TO SUPPRESS HELD ON 09/06/2007 ANDREW M HORTON JUDGE Attorney: WILLIAM CHILDS DA: TRACY BARDWELL Reporter: TAMMY DROUIN 09/07/2007 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 09/27/2007 @ 9:00 in Room No. 7 ANDREW M HORTON , JUDGE NOTICE TO PARTIES/COUNSEL 09/07/2007 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 09/07/2007 I I I I I JOANN HEBERT 09/21/2007 MOTION - MOTION TO CONTINUE FILED BY STATE ON 09/21/2007 DA: WILLIAM BARRY 09/26/2007 MOTION - MOTION TO CONTINUE GRANTED ON 09/26/2007 ROLAND A COLE I JUSTICE COpy TO PARTIES/COUNSEL 09/26/2007 HEARING - JOANN HEBERT MOTION TO SUPPRESS SCHEDULED FOR 10/25/2007 @ 9:00 in Room No. 7 NOTICE TO PARTIES/COUNSEL 09/26/2007 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 09/26/2007 JOANN HEBERT 10/26/2007 HEARING - MOTION TO SUPPRESS HELD ON 10/25/2007 WILLIAM BRODRICK JUSTICE Page 2 of 3 I Printed on: 11/30/2007 TIMOTHY J GILLIS PORSC-CR-2007-01698 DOCKET RECORD Attorney: WILLIAM CHILDS DA: MICHAEL MADIGAN Defendant Present in Court Reporter: PENNY PHILBRICK-CARVER STATE'S WITNESSES: 1) MATTHEW CYR. 10/26/2007 Charge(s): 1 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 10/25/2007 10/26/2007 Charge (s): 1 TRIAL - JURy TRIAL SCHEDULED FOR 12/10/2007 @ 8:30 in Room No. 11 NOTICE TO PARTIES/COUNSEL 10/26/2007 Charge(s): 1 TRIAL - JURY TRIAL NOTICE SENT ON 10/26/2007 JOANN HEBERT 11/30/2007 Charge(s): 1 MOTION - MOTION TO SUPPRESS DENIED ON 11/19/2007 ~.~ I~LLJ:L!AM BRODRICK~TICE <JrJJlI~ARtl/,~ A TRUE COpy ATTEST: --~,?' TSK L t ,~~ Ll ---------------Clerk Page 3 of 3 Printed on: 11/30/2007

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