FARMINGTON – A Superior Court justice heard testimony Wednesday from defense and state witnesses about the alleged assault of a county deputy in 2004.
The deputy was knocked unconscious in a scuffle and ended up with a fractured cheekbone, a concussion and several contusions.
Vance Billings, 29, of Carthage, who has a history of mental illness including bipolar and manic behavior, is accused of assaulting Franklin County Deputy Sandy Burke on Oct. 1, 2004, in Carthage.
The case is being heard by Justice Joseph Jabar without a jury. It will continue Thursday.
On Wednesday, Jabar denied defense attorney Kevin Joyce’s motion for acquittal.
State prosecutor Andrew Robinson said that it wasn’t a case about someone not being responsible for criminal actions by reason of insanity, but rather that testimony would focus on abnormal condition of mind and self defense. He said there was intent, not a mental deficit.
Billings claimed that he acted in self-defense after he was tackled to the ground by Burke for no reason. Other defense witnesses concurred with him.
Burke, 48, of Wilton testified that he was investigating a criminal mischief complaint in Carthage where a lawn had been torn up by a vehicle. He located a car in Carthage, Burke said, that fit the description.
Burke said it was his intent to issue a verbal warning for criminal mischief.
When he got there, Burke said, there were several people at the location including four men, one of them bearing a teardrop tattoo near his eye who the person reporting the crime claimed was the driver of the car.
Billings admitted to being the driver of the car but didn’t have a teardrop tattoo, Burke said, so he went to question the person who did.
Billings was yelling and swearing at him, Burke said, as he was trying to talk to that person, so he told Billings to back off or he’d be arrested for disorderly conduct.
When Billings didn’t back off, Burke grabbed his arm and took him down to the ground to arrest him, Burke said. Billings grabbed his groin and got up and punched Burke in the face, Burke said, and as Billings was getting up, Billings kicked him in the face when he was lying on the ground.
Burke said he lost consciousness.
When he awoke, Burke said he went to his cruiser and called for backup.
After three other law enforcement people arrived and Billings was arrested, Burke transported him to jail and then went to a Farmington hospital to be checked out. He had a concussion, a fractured cheekbone and several contusions, Burke said.
Two other law officers testified that Billings stated he had beaten Burke.
Defense witnesses said Billings and the other man were trying to explain to the deputy that the car is registered to Billings, and insured by him, but owned by the man with a teardrop tattoo. They also said they told Burke to go easy because Billings had just gotten out of Spring Harbor, a psychiatric treatment center in Westbrook.
Defense witnesses testified there were disagreements about the color of the car reported in the incident and about who was driving it. They also said Billings had been pacing and answering questions and his voice was somewhat hoarse, which is normal for him, but said he wasn’t swearing initially.
Billings testified that he had gone to lean against the cruiser and went to show Burke that he, too, had tattoos on his arms, which was also in question. He said Burke came at him like a football player and pushed him against the vehicle before dragging him to the ground. Burke was on top of him, Billings said. When he broke free, Burke grabbed for him and had him by the feet, and he kicked out of the hold and hit Burke in the face as he broke away, Billings said.
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