Former Bath man convicted of manslaughter back in prison after violating probation

Posted April 02, 2014, at 5:17 p.m.

WEST BATH, Maine — A former Bath man who was sentenced in 2007 to eight years in prison for killing a Topsham man in a car crash has been returned to prison for violating terms of his probation.

John P. Allen, 59, most recently of the Thomaston area, was convicted of manslaughter, aggravated operating under the influence and operating after suspension after his car struck a vehicle driven by Harold Weisbein Jr., of Topsham on May 25, 2006, on Interstate 295 in Topsham. Weisbein died at the scene.

Allen, who at the time was driving with a suspended license, tested positive for oxycodone and methadone.

He was sentenced to 12 years in prison, with all but eight years suspended and four years probation, according to Sagadahoc County Assistant District Attorney Patricia Mador. Allen was released after eight years.

On Feb. 20, 2014, Allen struck a vehicle in Portland while driving with a suspended license, according to Sagadahoc County District Attorney Geoffrey Rushlau. Allen fled the scene of the crash, but was later arrested by Portland police, who found prescriptions for oxycodone, Vicodin and Suboxone prescribed by three different doctors.

Allen admitted to the probation violation at a March 19 appearance in West Bath District Court, according to Rushlau. Judge Susan Sparaco returned Allen to prison for two more years. He will remain on probation after he is released, Mador said.

Rushlau, who prosecuted the 2006 manslaughter case, said in a release Wednesday that the 2014 crash was “disturbingly similar” to the crash that killed Weisbein in 2006.

“In each case John Allen chose to drive after suspension,” Rushlau wrote. “In each case he struck a stationary vehicle from behind. In each case he had access to powerful narcotics. He caused devastating harm in 2006. In this case, by comparison, the harm was minor. However, he continues to be a risk to the public any time he gets behind the wheel of a car. Revocation of his probation was clearly appropriate.”

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