Police: Deer Isle woman charged with manslaughter confessed to running over boyfriend

By Mario Moretto, BDN Staff
Posted Nov. 30, 2012, at 4:32 p.m.

ELLSWORTH, Maine — A Deer Isle woman charged with manslaughter confessed to running over her boyfriend less than an hour before he died of his injuries, according to police.

Kimberly Phelan, 29, had nearly twice the legal limit of alcohol in her system and had smoked marijuana before the accident that killed her boyfriend, according to an affidavit filed in Hancock County Superior Court.

Phelan is accused of running over and killing Andrew Ray, 31, of Deer Isle around 4:30 a.m. Sept. 15. She was arrested Thursday, Nov. 29, on charges of manslaughter, criminal aggravated operating under the influence and reckless conduct.

Phelan made her first appearance in court Friday afternoon at a bail hearing and subsequently was freed on a $25,000 surety bond.

Moments after the accident, several calls were made to 911 to report the injured Ray, Hancock County Sheriff’s Office Detective Alan Brown said in an interview Friday.

The affidavit, filed by Brown, states that Phelan called police after an ambulance had come 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.

Deputy Robert Morang found Phelan on the side of the road in Sedgwick about 5:15 a.m. According to the affidavit, Phelan told Morang that she and her boyfriend, Andrew Ray, had been out drinking in Ellsworth and were on their way home to Deer Isle when they stopped at the Blue Hill Town Park to smoke marijuana early in the morning of Sept. 15.

While the two were at the park, 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,” according to Brown’s affidavit. “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.

Ray was pronounced dead shortly before 6 a.m. Sept. 15, just an hour and half after the fatal accident. A blood test administered to Phelan that morning revealed a blood-alcohol content of 0.15 percent, nearly twice the legal limit.

Manslaughter is a Class A crime punishable by up to 30 years in prison and a fine of $50,000.

Follow Mario Moretto on Twitter at @riocarmine.

https://bangordailynews.com/2012/11/30/news/hancock/police-deer-isle-woman-charged-with-manslaughter-confessed-to-running-over-boyfriend/ printed on April 16, 2014