AUBURN — A judge signed an order Wednesday barring a Lewiston man from having contact with or being near eight members of a Somali wedding party who police said were threatened with racial and ethnic slurs while celebrating last summer.
Nicholas Belanger, 20, of 81 Merrill Road, Lewiston, pleaded guilty in January to a felony charge of criminal threatening with a dangerous weapon. It was with the understanding that he would be allowed to withdraw that plea in a year and plead to a misdemeanor charge instead if he were to comply with the terms of his plea agreement. Those terms include no criminal conduct. He also must not have any alcohol and undergo substance abuse and psychological evaluations and treatments, if deemed appropriate.
Belanger also must complete 50 hours of public service.
If he is successful in his plea agreement, he will be fined $500 for the misdemeanor charge of criminal threatening.
Prosecutors had sought an injunction against Belanger in an effort to keep him from having any contact with the victims identified in police reports stemming from the July 26 incident on Lisbon Road.
A hearing on that civil complaint filed in Androscoggin County Superior Court had been scheduled for last week. But Belanger agreed to sign a permanent injunction order before a judge heard the case.
Under the Maine Civil Rights Act, Belanger is barred from:
* Threatening or using physical force or violence against the victims or any members of their families or their property;
* Threatening or using physical force or violence against any person because of national origin (or other protected statuses under the Maine Civil Rights Act);
* Destroying, damaging or trespassing on the property of anybody or their place of worship because of protected statuses;
* Harassing, intimidating, speaking to, telephoning or otherwise communicating with the victims or their families;
* Knowingly coming within 150 feet of their homes or workplaces, or encouraging or causing any other person to engage in such conduct.
If Belanger were to violate any of the terms, he could be charged with a Class D misdemeanor, punishable by up to 364 days in jail.
If he were to violate the terms of the injunction, resulting in criminal charges before the end of the year, he may be sentenced on the Class C felony to which he pleaded in January. That charge is punishable by up to five years in prison.
Belanger was with two companions when he followed a group of Somali men and women out of a McDonald’s restaurant on Lisbon Street at about 3 a.m. on July 26, according to a complaint based on a police report that was filed last year in Androscoggin County Superior Court.
In the parking lot, the celebrants split into three groups and climbed into their respective cars. Belanger and two others got into a red Audi.
The Somali celebrants had been at a wedding for a Somali couple at the Franco Center in Lewiston earlier the night before.
The two cars carrying the Somali drivers and passengers stopped at the sign at the exit of the McDonald’s parking lot and were waiting for the third car in which the groom was riding.
In one of the first two cars was a 26-year-old male driver from Lewiston and four female passengers, all students at Lewiston High School who ranged in age from 15 to 18. In the second car were a 24-year-old driver from Syracuse, N.Y., two passengers from Lewiston and one passenger from Louisville, Ky.
Belanger pulled the Audi alongside the two cars and told the drivers, “Move your car! Or else I’ll get a shotgun!” according to the complaint.
The two cars left in the direction of downtown Lewiston. Belanger followed and sped in their direction. When the two cars carrying the Somali wedding party stopped at the traffic light at the intersection of Lisbon Street and East Avenue, Belanger pulled up next to them again and yelled that he was going to “f—— kill” them. Then he yelled, “You guys need to get out of this country” and “go back to where you belong.” He said, “Go back to your country,” and “We don’t like you, especially your kind.”
Belanger brandished a knife and motioned toward the cars carrying the Somali passengers.
When the light turned green, the Somali vehicles moved forward. Belanger sped ahead, then turned around and drove toward one of the cars, causing the driver to brake to avoid a collision, according to the complaint. Belanger’s car blocked the victims’ car from continuing on Lisbon Street.
One of that car’s passengers called 911, then exited the car and ran across the street to a gas station because she was afraid Belanger’s car was going to collide with the car she was riding in.
Belanger got out of his car, still brandishing a knife. He talked about getting a shotgun and opened his trunk, according to the complaint.
The victims got out of their cars and told Belanger they had called 911. Belanger got back into his car and drove away as police began to arrive at the scene.
Belanger was charged with three counts stemming from the incident, including two felonies.
His attorney, Verne Paradie, said that Belanger had not been the aggressor in the situation that morning. He had been confronted and outnumbered by members of the wedding party and felt threatened, Paradie said.
cwilliams@sunjournal.com
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