AUGUSTA — A Gardiner man convicted in November of aggravated assault in an attack on another man in Randolph was sentenced to six years in jail with all but six months suspended and three years’ probation.

David A. Farnham, 35, was convicted Nov. 19, 2014, following a one-day jury trial in Kennebec County Superior Court.

The offense occurred June 24, 2013, in Randolph.

“We were certainly hoping for a lesser sentence, but it could have been much worse for sure,” said Farnham’s attorney, Walter McKee. He had argued for an initial 30-day period of incarceration while the state sought 18 months.

“The jury found that Mr. Farnham committed a brutal assault,” Kennebec County District Attorney Maeghan Maloney said on Tuesday via email. “For this reason, I wanted a longer period of incarceration than was ordered by the court. But I understand Mr. Farnham had no prior record and I respect the court’s decision.”

Photographs in the court file show that the attack left the victim, Michael T. Morse, with black eyes and scrapes on his face.

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Before the sentencing hearing, Morse wrote to the judge saying he wanted Farnham to serve a year behind bars. Morse said he has scars from the beating and trouble breathing through his nose. He also asked for $18,000 in restitution. The judge ordered Farnham to pay $18,000, according to court records.

Farnham was free on bail before the sentencing hearing and began the six-month incarceration on Monday.

At a separate hearing Tuesday in Kennebec County Superior Court, a husband and wife formerly from West Gardiner and now of Augusta pleaded guilty Tuesday to theft by deception charges in which the prosecutor said they received more than $39,000 in state aid for which they were ineligible.

Walter L. Trask, 60, and Kathryn Trask, 59, who were living in Gardiner when they were arrested in July, pleaded guilty on Tuesday to two counts each of theft by deception and unsworn falsification. Walter Trask also pleaded guilty to a third count of unsworn falsification.

Walter Trask’s attorney, J. Mitchell Flick, and Kathryn Trask’s attorney, Patrick Nickerson, told the judge the Trasks were pleading guilty under the Alford doctrine, which is not an admission of guilt, but means they believe they could be found guilty if a jury believed the state’s evidence.

Assistant Attorney General Darcy Mitchell said the couple married in 1989, and that Kathryn Trask applied for state assistance while living in West Gardiner. Later Walter Trask said he had left her and was homeless, living in his van.

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Mitchell said that wasn’t true and that witnesses, including property owners and landlords, would testify that the Trasks lived together in a mobile home on Tommy Road before moving to Randolph. In 2007 Walter Trask reported he was living in a separate renovated garage.

The charges against Walter Trask spanned June 2007-June 2012. The charges against Kathryn Trask spanned June 2007-May 2012.

Mitchell told the judge both delivered newspapers for the Kennebec Journal “and had income that was not reported to (the Department of Health and Human Services).” The Trasks were independent contractors with the newspaper’s circulation department.

Mitchell said the Trasks had three joint bank accounts and that their combined unreported income indicates that they were overpaid a total of $39,161 in benefits from food stamps, MaineCare and the Low Income Home Energy Assistance programs.

Justice Michaela Murphy accepted the pleas and continued the case for several weeks for sentencing. Mitchell said the plea agreement calls for each to be sentenced to two years in jail with all but 30 days suspended and two years’ probation.

The defense attorneys said the Trasks were hoping to be able to stagger the jail time so that care could be arranged for Walter Trask, who has a number of medical problems, while Kathryn Trask serves her 30 days of incarceration. She is the primary caregiver for her husband.

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Mitchell said the state anticipates an argument over how much restitution should be ordered and the Trasks’ ability to pay restitution.

Also sentenced Monday and Tuesday in Kennebec County Superior Court:

• James R. Batey, 28, of Skowhegan, theft by unauthorized taking or transfer Aug. 3, 2014, in Augusta; six-month jail sentence.

• Dustin Cayford, 24, of Norridgewock, operating under the influence Sept. 18, 2014, in Waterville; $500 fine, 150-day license suspended.

• Patrick James Cotnoir, 39, of Monmouth, criminal attempt Sept. 29, 2014, in Gardiner; $350 fine.

• Tyler Dorsey, 26, of Hinckley, unlawful trafficking in scheduled drugs Sept. 25, 2014, in Augusta; four-year jail sentence, all but nine months suspended, two years’ probation, $440 restitution, $400 fine.

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• Laura P. Elwell, 27, of Winslow, operating under the influence March 18, 2014, in Waterville and violating condition of release Aug. 10, 2014, in Winslow; $750 in fines, 150-day license suspension.

• Chad Hedman, 37, of Augusta, operating while license suspended or revoked Sept. 25, 2014, in Randolph; $500 fine.

• Jerica Hersom, 23, of Augusta, forgery and violating condition of release Nov. 15, 2014, in Augusta and violating condition of release, unlawful possession of scheduled drug and possession of hypodermic apparatuses Aug. 22, 2014, in Gardiner; 364-day jail sentence, all but six months suspended, one year probation, $500 in fines, $100 of that suspended.

• Jon E. Madore, 59, of Dresden, violating condition of release in Albion; $300 fine.

• Anthony George Perkins, 27, of Waterville, burglary and theft Sept. 22, 2014, and criminal mischief and assault Sept. 8, 2013, all in Waterville; two-year jail sentence, $2,500 restitution, $300 fine.

• Michael S. Phillips, 27, of Waterville, unlawful trafficking in oxycodone and forfeiture of $867 on July 31, 2014, in Waterville; two-year prison sentence, $400 fine.

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• Jennifer Pierce, 32, of Canaan, failure to stop, remain, render aid at personal injury accident Aug. 10, 2014, in Augusta; $350 fine.

• Jeffrey M. Smiley, of Gardiner, trafficking in prison contraband Aug. 11, 2011, in Augusta; five-year jail sentence, all but 18 months suspended, two years’ probation.

• Nathan A. Spaulding, 24, of Waterville, unlawful possession of scheduled drug and violating condition of release Nov. 15, 2014, in Augusta; 24-hour jail sentence, $400 fine.

Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams


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