Accused rapist indicted; appears in Bangor court

By Judy Harrison, BDN Staff
Posted Dec. 23, 2008, at 1:07 p.m.

BANGOR — A Passadumkeag man was indicted Tuesday by the Penobscot County grand jury for sexually assaulting a 60-year-old woman on Oct. 29 after allegedly breaking into her home in the middle of the night.

Derwin Springer Jr., 38, was indicted on charges of gross sexual assault and burglary. He made his first appearance this morning in Penobscot County Superior Court. He is scheduled to be arraigned Wednesday morning.

Superior Court Justice John Nivison this morning ordered that Springer be held without bail until Monday when a hearing will be held to determine whether he will be granted bail. The Penobscot County District Attorney’s Office is asking that he be held at the Penobscot County Jail until his case is resolved.

The victim, who also lives in Passadumkeag less than half a mile from where Springer was living with his parents, did not appear in court this morning. If convicted, Springer faces up to 30 years in prison on the sexual assault charge alone.

A state police affidavit detailed the nighttime burglary and sexual assault.

The woman was asleep in her bedroom in the early morning hours of Oct. 29, the affidavit said. She was awakened when a man placed a gloved hand on her nose and mouth. She told investigators that she struggled with the man but was unable to breathe and lost consciousness.

When the woman came to, according to the affidavit, she had a pillowcase on her head, she was naked from the waist down, and the man was attempting to rape her. She told him to stop at least three times, but the man did not speak to her, the affidavit said.

After the sexual assault, according to the affidavit, the woman said she heard the basement door that leads to the outside close. She removed the pillowcase from her head; it had been secured with duct tape.

The woman tried to call the police but her phone was “disabled,” according to the affidavit. She drove to her son’s home and called police. The location of his home was not disclosed in court documents.

The woman was taken by ambulance to Penobscot Valley Hospital in Lincoln and transferred to Eastern Maine Medical Center in Bangor before she was released, police said shortly after the attack.

When investigators went to the woman’s home after interviewing her, they found pry marks on exterior doors, including one in the basement, according to the affidavit. They also recovered a pillowcase with duct tape on it.

Details about what led investigators to Springer are not included in the affidavit, but detectives interviewed him on Dec. 16 at 13th District Court in Lincoln. He allegedly admitted knowing the victim but denied sexually assaulting her. He told police that he had not been at her house for at least two years, according to the affidavit.

Physical evidence from a rape kit assembled at the hospital where the woman was taken matched Springer’s DNA, according to a state police affidavit filed in Superior Court in Bangor. Springer’s DNA was obtained from an oral swab police collected from him during an interview, according to court documents.

The Nov. 26 report of a separate home invasion in Passadumkeag is still under investigation, Penobscot County District Attorney R. Christopher Almy said Friday. A Goulds Ridge Road woman told police that an unidentified man forced his way into her home on Nov. 25, according to a report previously published in the Bangor Daily News.

Almy declined Friday to say whether Springer was a suspect in that incident.

jharrison@bangordailynews.net

990-8207

http://bangordailynews.com/2008/12/23/news/bangor/accused-rapist-indicted-appears-in-bangor-court/ printed on July 23, 2014