By Lisa Chmelecki,Staff Writer

PORTLAND – The state’s highest court has once again overturned a Dixfield man’s conviction for assaulting his live-in girlfriend.

Michael Patterson was convicted of assault in 2003 for carrying his girlfriend outside and placing her on the pavement at the bottom of the steps after she rubbed a piece of pizza into his new carpet.

A 33-year-old security guard, Patterson appealed the conviction to the Maine Supreme Judicial Court. He argued that his use of force was lawful because he was defending his property against criminal mischief.

The high court accepted Patterson’s argument, overturned the conviction and ordered the District Court judge who convicted Patterson to issue specific findings on why Patterson’s defense was rejected.

The judge issued a brief statement, explaining that the couple’s shared use of the carpet was one of the factors considered in rejecting Patterson’s defense.

That explanation, however, wasn’t enough to satisfy the state’s top judges.

On Friday, the high court overturned the assault conviction a second time and returned it to 11th District Court for more detailed findings.

Specifically, the court wants the judge to state whether it was unreasonable for Patterson to believe that his girlfriend would have caused damage to his property if he had allowed her to continue and whether his level of force is considered reasonable under Maine law.

“The order failed to clarify the findings upon which its rejection of the defense was based,” the court’s latest order stated.

The domestic dispute between Patterson and his girlfriend started when he spotted a stain on his new cream-colored carpet.

After Patterson expressed anger while trying to remove the stain, the girlfriend grabbed a slice of pizza and began to run it into the new rug. At that point, Patterson picked up his girlfriend and carried her out the door.

Under Maine law, a person can use a reasonable amount of “non-deadly” force when he or she believes it is necessary to prevent what is or appears to be criminal mischief.

“The ball is once again in the District Court’s hands,” said Patterson’s attorney, Thomas Carey.

Patterson was fined $75 when he was convicted in 2003.

But, according to Carey, the fine was never the issue. The Rumford lawyer said his client has continued his fight to get the conviction overturned as a matter of principle.

Staff writer Eileen Adams contributed to this report.