Surviving home invasion suspect in Hermon shooting released on bail

Posted Feb. 17, 2012, at 10:21 a.m.
Last modified Feb. 17, 2012, at 6:51 p.m.

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Phillip Robert McIntyre
Phillip Robert McIntyre
Philip McIntyre
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Philip McIntyre
Maine State Police Trooper David Yankowsky (left) and Penobscot County Sheriffs Deputy William Sheehan point to something in the grass as they look for evidence near the scene of shootings at the Duran Apartments in Hermon Thursday morning, Feb. 16, 2012.
Maine State Police Trooper David Yankowsky (left) and Penobscot County Sheriffs Deputy William Sheehan point to something in the grass as they look for evidence near the scene of shootings at the Duran Apartments in Hermon Thursday morning, Feb. 16, 2012.

HERMON, Maine — The Bangor man who was shot Thursday morning during a home invasion that ended with the shooting death of another Bangor man was released on $7,500 unsecured bail, Penobscot County Chief Deputy Troy Morton said Friday.

Philip McIntyre, 19, was charged with burglary after he was released from St. Joseph Hospital in Bangor — where he was treated for the gunshot wound — and was booked into jail, Maine State Police spokesman Stephen McCausland said. He was released Thursday afternoon after paying a $60 fee to a bail commissioner, Morton said.

McIntyre was with Robert Dellairo, 30, who was mortally wounded Thursday when the two broke into a residence at the Duran Apartments at 1835 Outer Hammond St. in Hermon at about 9 a.m., according to police. Both men were shot by one of two men in the apartment.

The two occupants of the apartment were identified Friday afternoon as Daniel Williams and Louis A. Ramos, both 24. Williams fired the shots from a handgun that struck Dellairo and McIntyre, McCausland said. The state medical examiner’s office said Dellairo died from a gunshot wound to the pelvis.

Lt. Christopher Coleman of the state police Major Crimes Unit said detectives working with the Penobscot County Sheriff’s Office have conducted numerous interviews, searched the apartment, along with an apartment at 189 Center St. in Bangor — Dellairo’s residence — and a car.

The car was taken to the Bangor Police Department and the gun believed to be used in the shooting — a small-caliber handgun — will be taken to the state police crime lab for ballistics testing, according to Coleman.

“We’re hoping that will help us determine the circumstances of the shooting,” he said during a news conference Friday afternoon outside the apartment complex in which the shootings took place. Coleman said Williams had been living there for about a year and a half.

“The likelihood of additional charges is there,” Coleman said. “What we’re going to do is let the investigation reach its final conclusion and submit the reports both the the [Penobscot County] District Attorney’s Office and also the [Maine] Attorney General’s Office.”

Initial indications are that the two occupants of the apartment did not know the intruders and investigators are still attempting to pin down a motive, McCausland said.

“We’re certainly interested in knowing if there was any association. We haven’t gotten to a point where we’re comfortable in saying whether there was or not, but we’re certainly trying to answer that question,” Coleman said.

“At this point we have a lot of rumors and speculation about what [the motive] might be, We’re trying to get as close to the truth as we can. At this point, we’re not there yet,” he said.

“We need to continue with our investigation, interviews — there are several people that we want to go and speak to that may have information that would help us determine what happened,” Coleman said.

Coleman said investigators believe that five people were inside the apartment when the shootings took place — Williams, Ramos, Dellairo, McIntyre and a woman, whose identity has yet to be disclosed. He acknowledged that another woman also might have been involved.

“As far as the women go, we’re trying to determine what part they played in this so we can’t draw conclusions. We’re trying to get those answers,” Coleman said.

Coleman declined to answer questions about whether the intruders were armed.

Michael P. Roberts, deputy district attorney for Penobscot County, said Friday morning that his office had not yet received police reports or other paperwork about the shooting.

Roberts said he did not believe his office had any input in the setting of McIntyre’s bail. He also said that was not unusual.

“Ninety-nine percent of the time bail is set by a bail commissioner with no information from our office,” he said.

The veteran prosecutor said that in other burglaries, especially if a defendant allegedly was armed, his office would ask a judge to set bail at $10,000 cash or more depending on the individual’s criminal history. Roberts said that he had no information about whether McIntyre was armed.

McIntyre’s release on unsecured bail indicates that he most likely did not have a weapon. His bail conditions, which are standard in most cases, include no contact with the victims, not to return to their address, no possession of firearms or other dangerous weapons and no use of alcohol or illegal drugs, and random searches for weapons and testing for alcohol and drug use.

In addition to convictions for theft and disorderly conduct, both Class E crimes, McIntyre’s criminal history includes two convictions for failure to appear in court when ordered to appear.

He has been arrested at least four times over the past 18 months for failure to pay fines, according to court documents filed at the Penobscot Judicial Center. When he last appeared before a judge on Jan. 6, McIntyre was ordered to pay fines totalling $1,200 at a rate of $50 a month.

The shooting victims were initially taken Thursday to St. Joseph Hospital in Bangor by a woman driving a blue Honda Accord that had what appeared to be two bullet holes just below the back license plate.

Dellairo was later transferred under police escort to Eastern Maine Medical Center and died at about 3:15 p.m. Thursday.

That is when the case was turned over to the Criminal Investigation Division of the Maine State Police, which handles most homicides in Maine.

The state police Major Crimes Unit’s mobile crime lab was at the Hermon apartments Friday morning and afternoon.

“We’re executing a search warrant [as] we continue doing interviews to try and understand the circumstances concerning the shooting,” Coleman, who leads the Major Crimes Unit for northern Maine, said at the scene. “The reason we’re here is to determine if there are charges warranted and needed.”

The woman’s Honda Accord with the bullet holes was taken as evidence on Thursday, the lieutenant said. Whether she will be charged as an accessory to the home invasion or whether the man who used the gun will face charges are questions Coleman could not answer.

“It’s too early to draw any conclusions,” he said while standing in the rain.

Whether the case was in any way related to illegal drugs is another question Coleman said he could not answer Friday morning.

Neighbor Andrew Sinclair, who returned Friday morning from a trip to Portland, said he has talked to the two men who live in the apartment where the shooting occurred several times.

“I woke up, heard the news and thought, ‘holy crap,’” he said just before he went into his apartment.

CORRECTION:

An early version of this story indicated that Philip McIntyre was released on $60 bail. This amount was paid to the bail commissioner as a fee, not as bail. McIntyre was released on $7,500 unsecured bail.

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