$750 bail set for man arrested after shots fired in grandma’s backyard

Posted Aug. 30, 2010, at 3:06 p.m.
Last modified Jan. 30, 2011, at 11:33 a.m.
Standing next to his attorney Carolyn Adams,  Daniel Day, left, of Bangor  reacts to Judge Robert Murray setting his bail at $750 during Day's appearance at Penobscot Judical Center Monday afternoon, August 30, 2010. Day was arrested Saturday afternoon, August 28, 2010 after he allegedly fired shots in a backyard of a home on Mann Hill Road in Holden, Maine.(Bangor Daily News/ John Clarke Russ)
BDN
Standing next to his attorney Carolyn Adams, Daniel Day, left, of Bangor reacts to Judge Robert Murray setting his bail at $750 during Day's appearance at Penobscot Judical Center Monday afternoon, August 30, 2010. Day was arrested Saturday afternoon, August 28, 2010 after he allegedly fired shots in a backyard of a home on Mann Hill Road in Holden, Maine.(Bangor Daily News/ John Clarke Russ)
Daniel Day of Bangor waits in a holding area with other inmates prior to his appearance before Judge Robert Murray at Penobscot Judical Center Monday afternoon, August 30, 2010. Day was arrested Saturday afternoon, August 28, 2010 after he allegedly fired shots in a backyard of a home on Mann Hill Road in Holden, Maine.(Bangor Daily News/ John Clarke Russ)
BDN
Daniel Day of Bangor waits in a holding area with other inmates prior to his appearance before Judge Robert Murray at Penobscot Judical Center Monday afternoon, August 30, 2010. Day was arrested Saturday afternoon, August 28, 2010 after he allegedly fired shots in a backyard of a home on Mann Hill Road in Holden, Maine.(Bangor Daily News/ John Clarke Russ)

BANGOR, Maine — The local man arrested Saturday at his 85-year-old grandmother’s house in Holden may not have been aiming directly at police when he fired off several rounds, but one officer at the scene said a shot splintered the bark off a tree branch three feet above his head.

$750 bail for man arrested in Holden

Daniel Day, 25, is charged with two counts of robbery, terrorizing, aggravated reckless conduct and criminal mischief.

Documents filed at the Penobscot Judicial Center described an out-of-control Day, far different from the calm, lucid man who appeared Monday before Superior Court Justice Robert E. Murray. The judge set bail at $750 and said Day could be released only to the Togus Veterans Affairs Medical Center in Augusta for treatment.

“’I have an American flag for all your wives,’” Day told police, according to reports filed by law enforcement personnel with the Maine State Police, the Penobscot County Sheriff’s Office and Holden police.

“‘I’m going to kill an officer today,’ and then he shot two more rounds into the woods behind the house followed by, ‘I’m going to kill you all!’” Trooper Brian Bean wrote in his report.

A few minutes later, when Day did surrender, he told Bean, “I am invincible; do you think that any of these criminal charges are going to stick?”

After he was taken into custody, police determined Day had a .223-caliber assault rifle, a 12-gauge shotgun and a .38-caliber revolver in his possession. The guns belonged to Day, who apparently brought them in his car when he drove from his Bangor apartment to Holden, according to police reports.

Day reportedly admitted to firing off two dozen shots from three different guns.

No one was injured in the incident.

During the brief court hearing Monday, Murray also ordered Day not to possess dangerous weapons or to return to his grandmother’s home on Mann Hill Road or to his father’s residence next door. The judge also forbade Day to have contact with either of them from jail or while out on bail.

Day, through lawyer-of-the-day Carolyn Adams of Bangor, told the justice that he had been diagnosed with schizophrenia and was off his medication over the weekend. Although he was dressed Monday in an orange jumpsuit issued at the Penobscot County Jail, Day was wearing a military beret, T-shirt and camouflage pants when he was arrested, according to police reports.

Day remained Monday night at the Penobscot County Jail, unable to make bail.

Although Holden police were called to 69 Mann Hill Road shortly before 3 p.m. Saturday, the series of events that apparently set Day off began earlier in the day at his apartment on State Street in Bangor. In his written statement, Day’s father, who lives next door to his mother — Daniel Day’s grandmother — said he received a call early Saturday afternoon from his son’s landlord.

“He said [a] tenant complain[ed] that Dan showed them guns,” the 52-year-old father wrote. “He was saluting and marching around the apartment building.”

Day also allegedly insulted a fellow tenant who is a Muslim. The landlord, according to Day’s father, said he had informed Bangor police of the son’s behavior.

The younger Day drove from Bangor to his father’s home about 2 p.m. Saturday, but stayed only a short time before heading next door to his grandmother’s, according to the elder man’s statement.

“I called my mother and told her to send him away,” he wrote. “She called me in about 10 minutes and said, ‘Call the police.’ She told me Dan said he was going to kill six cops and then kill himself.”

In an interview with Holden police, Day’s grandmother said that her grandson twice had asked her for money. She refused the first time, but gave him $80 when “he took the revolver pistol from [his] hip holster, waved it around and fired a couple of shots into the back yard,” a report stated. “He had flipped over the living room coffee table breaking glass items on it, [then] gone onto the back deck.”

At that point, the grandmother locked Day out of the house and hid in a bedroom, according to the reports. Day then began breaking windows from the outside trying to get in. He also fired at least six rounds from his 12-gauge shotgun at the kitchen door, shattering the glass in the door and the storm door before surrendering.

Holden police estimated the damage to the door and windows at $1,500. The cost of replacing the living room rug, which was so embedded with glass fragments that it could not be cleaned, was not included in the report.

If convicted, Day faces up to 10 years in prison and a fine of up to $10,000 on the robbery charge alone.

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