Brian Smith, the driver that lost control of his minivan on Saturday June 19 in North Lovell, may be jailed for up to 10 years and fined up to $20,000 after an Oxford County grand jury indicted him on charges of aggravated assault. He also faces charges of driving to endanger and he could be jailed for up to six months and lose his driver's license for up to 180 days if convicted of the second charge. .
Smith who told police he became distracted by his Rottweiler, Bullet, trying to open a cooler with his nose at the time of the accident, has not yet been arrested, but the Oxford County Superior Court is preparing a summons that could be presented to him in the next few days, and is likely to be arrained within the next 2 months.
King apparently requested that Smith's drivers license be permanently revoked in late August after finding that Smith has reportedly been convicted of 2 speeding violations in 1988, of operating under the influence of alcohol in 1989, convicted of failing to produce evidence of insurance in 1991, 2 speeding violations in 1994, driving to endanger and failing to stop on the signal of a police officer in 1998 and driving with a suspended license in 1998 (The charge was later dropped). A review is currently underwqay, but it may be up to 6 months before a result is given.
One unusual thing is that Aggravated Assult is not normally filed against a driver that injures passengers or pedestrians as the result of an accident as to be charged a person had to "intentionally, knowingly or recklessly causes serious bodily injury to another person - even with an automobile - to be charged with aggravated assault", Oxford County Assistant District Attorney Joe O'Connor said. The aggravated assault charge is "unusual,'' but has been applied in vehicle-pedestrian incidents, said Secretary of State Dan Gwadosky. .
King, and his attorney, Warren Silver of Bangor, have both confirmed that they will not sue Smith over the accident, as he has minimal insurance, which King will get as a normal part of an accident like this, buit no decision has been made on weather to file a civil lawsuit over the accident.
