Man shot in Hermon home invasion arrested for second time Friday, released Tuesday

By Nok-Noi Ricker, BDN Staff
Posted Feb. 21, 2012, at 7:51 p.m.

BANGOR, Maine — The Bangor man who survived being shot last week during a deadly home invasion in Hermon was arrested twice in the days following and for the second time has been released on bail.

Philip McIntyre, 19, was charged with burglary on Thursday after he was released from St. Joseph Hospital in Bangor — where he was treated for a gunshot wound to the leg — and was booked into Penobscot County Jail.

McIntyre was with Robert Dellairo, 30, also of Bangor, and an unidentified woman last week when they forced their way into a residence at the Duran Apartments on Outer Hammond Street in Hermon, according to police.

Both men were shot by Daniel Williams, 24, one of two men in the apartment, and Dellairo died later that day at Eastern Maine Medical Center from a gunshot wound to the pelvis.

A second unidentified woman also is involved in the home invasion, police say.

After being arrested for the burglary, McIntyre was released Thursday afternoon on $7,500 unsecured bail after paying a $60 fee to a bail commissioner, Penobscot County Chief Deputy Troy Morton said on Friday.

McIntyre posted “RIP bobby” and “love u bro” on his Facebook page shortly after being released from jail the first time.

McIntyre was arrested again on Friday night by Maine State Police Trooper Chris Cookson for three outstanding warrants — all for unpaid fines.

McIntyre was in court again on Tuesday at the Penobscot Judicial Center where he again agreed to make payments to take care of the fines.

The fines for the three cases totaled $700, and McIntyre was released on bail at around 2:30 p.m., according to a jail official.

McIntyre 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 appeared before a judge on Jan. 6, McIntyre was ordered to pay fines totaling $1,200 at a rate of $50 a month.

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, and an assistant in the office said Tuesday that nothing had changed.

Maine State Police Lt. Christopher Coleman of the Major Crimes Unit is leading the investigation and is working with the Penobscot County Sheriff’s Office on the case.

McIntyre’s bail conditions, which are standard in most cases, include no contact with the victims, no returning to their address, no possession of firearms or other dangerous weapons, no use of alcohol or illegal drugs, and random searches for weapons and testing for alcohol and drug use. He also has a curfew and is not allowed out between 6 p.m and 8 a.m., the jail official said.

McIntyre has convictions for theft, disorderly conduct and failure to appear in court when ordered to appear, the court documents state.

Williams told the Bangor Daily News on Monday that he shot the two men to protect himself.

After McIntyre and Dellairo got into Williams’ apartment and started kicking and punching him and his roommate, Williams was able to break away and get to his bedroom, where he kept his .22-caliber handgun.

I “did what I had to do,” he said.

After shooting McIntyre in the leg, Williams pursued the three outside and said that Dellairo turned and lunged at him and he “fired off a couple surprised rounds,” striking Dellairo in the hip. That wound would prove to be fatal.

“I’m very banged up about it,” Williams said. “I’ve shed a lot of tears behind closed doors for Bobby Dellairo and his family.”

BDN reporters Nick McCrea and Judy Harrison contributed to this story.

http://bangordailynews.com/2012/02/21/news/bangor/man-shot-in-hermon-home-invasion-arrested-for-second-time-friday-released-tuesday/ printed on September 23, 2014