PORTLAND, Maine — A Superior Court judge last week granted a motion for a $2 million attachment on the property of a Hiram man accused of killing a Steep Falls woman and seriously injuring her daughter in a Dec. 1, 2016, crash while driving under the influence of intoxicants.
Rebecca Perry, 38, was pronounced dead at the scene on Route 35 in Windham, according to an accident report filed with the Maine Department of Public Safety. Gretchen Perry, 16, suffered a traumatic brain injury, a neck fracture and an orbital fracture after a car driven by Philip J. Macri, 28, allegedly crossed the centerline while speeding and struck the Perry vehicle head on about 10:45 p.m.
Macri has been charged with manslaughter, aggravated assault and aggravated criminal operating under the influence of intoxicants by Windham police in connection with the crash, according to court documents. Marijuana and cocaine were allegedly found in his system. He was arrested Feb. 2 and remains free on $10,000 cash bail.
He has not yet been indicted by the Cumberland County grand jury, according to the court clerk’s office. No future court dates have been set in the criminal case. If convicted, Macri faces up to 30 years in prison and a fine of up to $50,000 on the manslaughter charge alone.
Justice Andrew Horton found on Feb. 8 that it was more likely than not that Justin Perry, 40, the husband of Rebecca Perry and father of Gretchen Perry, would recover up to $2 million in damages from Macri in a lawsuit filed last week at the Cumberland County Courthouse.
The Macris were not made of aware of the motion for attachment when it was filed because Horton found that there “is a clear danger that the [Macris] if notified in advance of attachments of the property will make it unavailable to satisfy judgments for the [Perry family].”
Attorney Steven Silin of Berman & Simmons in Lewiston, who is representing the Perry family, said Thursday that he sought the attachment because two weeks after the crash, Macri “fraudulently” transferred his Hiram property to his father, Philip P. Macri, who lives in Delray Beach, Florida, to shield assets from any potential lawsuit.
The town has assessed the home and land for property tax purposes at $235,880, according to court documents.
In a telephone interview Thursday, Silin called the younger Macri’s actions “really outrageous. It’s outrageous that a person can kill someone, devastate a family, and the first thing he thinks about is how to keep his house.”
The attorney said Horton’s decision to grant a motion for attachment without prior notice to the Macris was relatively rare in Maine. The judge’s decision also covers any other assets in addition to the house, Silin said.
Philip J. Macri currently is living in the house, according to Silin.
At the time the lawsuit was filed on Feb. 8, medical bills for Gretchen Perry totalled more than $153,000 and were expected to climb as she continued her rehabilitation. Macri’s car insurance policy, which limits liability to $100,000 per person, is insufficient to cover the Perry family’s damages, Silin claimed in court documents.
The wrongful death suit also sought $500,000 in damages for the loss of comfort and companionship and an additional $500,000 in lost wages in the death of Rebecca Perry.
Silin said the complaint has not yet been filed on the younger Macri’s insurance company. Once that happens, an attorney will be appointed to defend him, an answer to the complaint will be filed and the case will move forward.