PARIS – The District Attorney’s Office has dismissed assault charges against five individuals in connection with an incident in Fryeburg last year, because the victim is not cooperating.

Indicted in June were Luke Clough, 24, of Madison, N.H.; Ellen Carr Caughey, 21, of Intervale, N.H.; Michael Merrill, 24, of Albany, N.H.; Tyler D. Rogers, 22, of Fryeburg; and Richard Smith, 21, of North Conway, N.H.

They were charged in connection with a March 2008 incident involving Philip Swanson, now 22, formerly of Norway and then a resident of Hamilton, Mass. Police reports stated the incident involved a drug deal in Massachusetts, that eventually ended with Swanson being beaten and left on a dead-end road in Fryeburg.

According to court documents, Swanson has not been in contact with prosecutors and his whereabouts is unknown.

Convicted of the assault in the case was James Randall Keene, 23, of Fryeburg. Keene was accused of hitting Swanson in the head several times with a baseball bat and repeatedly kicking him in the head.

Keene was indicted on charges of attempted murder and elevated aggravated assault, as well as unrelated cocaine trafficking charges. In September, Keene pleaded guilty to the elevated aggravated assault and drug charges and admitted a probation violation on a prior conviction of aggravated assault, aggravated criminal mischief, and aggravated criminal trespass. He was sentenced to serve eight years of a 20-year prison sentence as well as six years of probation.


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