Settlement expected for Deer Isle woman charged with running over, killing her boyfriend

By Mario Moretto, BDN Staff
Posted June 20, 2013, at 12:42 p.m.

ELLSWORTH, Maine — A settlement may be near in the case of a Deer Isle woman charged with running over and killing her boyfriend in Blue Hill last November.

Kimberly Phelan, 29, faces charges of manslaughter, aggravated operating under the influence and reckless conduct. The woman ran over and killed her boyfriend, Andrew Ray , during an early morning argument on Sept. 15 in Blue Hill after a night of drinking and drug use, according to the Hancock County Sheriff’s Office.

Phelan confessed running over Ray to police less than an hour before he died of his injuries, according to police. She remains free on a $25,000 surety bond posted Nov. 30.

During a status conference Thursday in Hancock County Superior Court, Assistant District Attorney Mary Kellett said that District Attorney Carletta “Dee” Bassano and Phelan’s attorney, Stephen Juskewitch, are hashing out the details of a settlement.

“That settlement may come by the end of the week,” Kellett said. Phelan was present in the courtroom, but did not speak.

An affidavit filed by Detective Alan Brown states that Phelan contacted police after an ambulance was called to retrieve Ray from the scene of the accident on Water Street in Blue Hill. She had since left the scene, but was told to pull over and wait for an officer.

According to the affidavit, Phelan told Deputy Rob Morang that she and Ray had been out drinking in Ellsworth before they stopped at the Blue Hill Town Park to smoke marijuana early in the morning of Sept. 15.

There, they got into an argument and she drove off in her Pontiac Aztek, Brown wrote. A short time later, she came back to pick up Ray, and the two resumed fighting.

Phelan told Morang that “during that argument, Andrew Ray punched in the passenger side window and she decided to move away from him with the vehicle. … While doing this, Kimberly Phelan ran over him with at least the front tires of the vehicle.”

Phelan also told Morang that when EMTs came to retrieve her boyfriend, Ray was “lying there on the ground moaning with blood on his face and side,” according to the affidavit.

Superior Court Justice Ann Murray on Thursday set the next status conference date for Aug. 22, barring both sides agreeing to a settlement.

Follow Mario Moretto on Twitter at @riocarmine.

http://bangordailynews.com/2013/06/20/news/hancock/settlement-expected-for-deer-isle-woman-charged-with-running-over-killing-her-boyfriend/ printed on November 29, 2014