LEWISTON — A judge on Monday declined a request by a local man who was seeking to have police return his pickup truck they say was driven by the man in a hit-and-run crash from which a pedestrian was struck and seriously injured.
Brad Johnson Lewiston Police Department photo
Brad Johnson, 40, of 170 Old Webster Road made his initial appearance in 8th District Court on a felony charge of leaving the scene of an accident involving serious bodily injury or death, a crime punishable by up to five years in prison. He also has been charged with falsifying physical evidence, a Class D misdemeanor that carries a maximum jail sentence of 364 days.
Johnson’s attorney, Patrick Nickerson, argued that authorities should return to Johnson his gray Toyota Tundra pickup truck that was seized by police as evidence and likely would have been processed and tested. Nickerson filed a motion seeking an order to have the truck returned to Johnson.
Assistant District Attorney Molly Butler-Bailey told Judge John Martin that Maine Crime Laboratory in Augusta had not yet completed its investigation of the truck and that she had not received a report from the lab that detailed any evidence found in or on it.
She told Judge Martin the motion was premature.
Martin denied the motion, but said Johnson could ask the court to reconsider the argument at a later time when the crime lab’s analysis is complete.
Nickerson said the defense may want to conduct its own analysis of the truck.
Martin didn’t ask Johnson to enter pleas to the charges Monday; a grand jury must bring an indictment on a felony charge in order for the case to go to trial.
Johnson was scheduled to return to court in April for a conference among attorneys and a judge to discuss whether the case is likely to be settled with a plea agreement or by trial.
Police said the incident happened on Oct. 27 at about 1:49 a.m. in the southbound lane of Lisbon Street, or Route 196. Police received a call Sunday reporting a man with “significant” injuries clearly caused by being struck by a vehicle that had fled the scene.
Jason Stratton, 31, of Lewiston was rushed to Central Maine Medical Center by ambulance where he had emergency surgery, police said.
Lt. David St. Pierre said several detectives and officers had “worked tirelessly since the accident, investigating and following up on several leads and searching for any and all potential evidence.”
Police arrested Johnson on a warrant on Oct. 31 shortly after 3 p.m. at his business, Brad’s Precision Auto Repair, at 144 Riverside Drive in Auburn. He was taken to Androscoggin County Jail in Auburn.
He has been free on $2,500 cash bail with conditions that prohibit him from having any contact with Stratton.
Johnson’s gray Toyota Tundra pickup truck was found and seized as part of the ongoing investigation.
Police had collected evidence at the scene of the crash and determined the make, model and color of the vehicle involved.
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