A Greenbush man who says he does not remember the February night he got drunk and then drove a car that later crashed, killing his brother and injuring himself and his cousin, was sentenced in Bangor court to 12 years in prison with all but 30 months suspended.
Nicholas Spencer, 23, wiped away tears on Wednesday at the Penobscot Judicial Center while Superior Court Justice William Anderson discussed the manslaughter and aggravated operating under the influence of intoxicants case. Spencer entered no contest pleas in the two charges.
“He has no memory of that day,” Spencer’s attorney Marvin Glazier of Bangor told the judge. “There is video [surveillance evidence] of certain pit stops that show he was driving.”
A stumbling Spencer could be seen on video buying a large amount of beer on Feb. 24 at Mobil On the Run in Milford, prosecutor Marianne Lynch, an assistant district attorney for Penobscot County, told Anderson.
Minutes later, Spencer was driving at a high rate of speed on the County Road in Milford when he lost control of his vehicle and struck a telephone pole and a large 800 pound rock, it was reported in court.
Spencer’s brother Matthew Spencer, 28, of Greenbush, was thrown from the vehicle and pronounced dead at the scene of the crash. Nicholas Spencer suffered brain and other injuries, and a second passenger, their cousin Samuel Ketch, of Milford, suffered minor injuries.
Nicholas Spencer has a previous drunk driving conviction from 2013 when he was age 19. Anderson also sentenced Spencer to 6 months concurrent for aggravated drunk driving, imposed a $2,100 fine and suspended Spencer’s license for six years. Spencer was sentenced to four years of probation following his release where he will be barred from consuming or possessing alcohol and will have a 9 p.m. to 6 a.m. curfew.