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'Pushing' Incident Prompts Charge, Code Enforcement Officer Accused

April 29, 2008 - VASSALBORO -- Richard Proctor was sitting in a chair in front of his garage Tuesday morning when he said he happened to look down the road and see a pickup truck "pushing" Leo Barnett with the front bumper.

The man allegedly behind the wheel was Code Enforcement Officer Paul Mitnik, who was later issued a summons by Maine State Police and charged with assault. The misdemeanor offense is punishable by up to 364 days in jail and a fine of $2,000.

Proctor lives in a subdivision on the Old Meadows Road, which Barnett developed, and Mitnik had stopped by the subdivision to speak to Barnett about code violations.

Proctor said it looked like someone was horsing around at first, but then realized it looked more serious.

Barnett "tried to get away from in front of the truck," Proctor said Wednesday. "He moved to the right of the truck and the guy turned right in after him, so Leo tried to get away in the other direction. He was jumping and running and had his hand up on the hood of the truck trying to stay away from it. The guy was still going after him. And finally (Barnett) got over on the left side of the truck and got away and the guy drove down the road."

Messages left Wednesday with Mitnik for comment were not returned.

At a selectmen's meeting two weeks ago, Mitnik alleged Barnett has placed 13 mobile homes on 10 lots, three more than allowed.

Mitnik had told selectmen the homes were added without permits or documentation required by local ordinances and state law. He also said Barnett had not complied with a Department of Transportation requirement related to the subdivision road and has a mobile home park without the required state license.

And Barnett had not replied to letters and phone calls seeking dialogue on the alleged code violations, Mitnik had told selectmen.

Selectmen said they invited Barnett to their meeting last Wednesday to give him a chance to present his case before they decide whether to take legal action. Now, Board of Selectmen Chairman Donald Breton said Barnett will be asked to appear at a later date.

Barnett, a Belgrade contractor, said Mitnik was trespassing on his property Tuesday and was told to leave and not return without a court order.

"I was running some equipment and jumped off and walked into the roadway," Barnett said. "I was on the phone with the sheriff's department and they sent out the state police. I was saying this guy was trying to run me over and boom, he just hit me with the truck. I got bruises on my leg, in fact I'm going to the doctor's this afternoon. State police took pictures. And I can't believe he's still working for the town."

Breton said he contacted the town's attorney, Al Stevens of Marden Dubord Bernier & Stevens in Waterville, but wouldn't comment on the incident.

"It's a case obviously under investigation, so I don't want to comment at this point," Breton said.

Breton said Mitnik works for the town on a part-time basis and that he is still on the job.

Selectwoman Elizabeth Mitchell said Mitnik recommended that the board begin legal proceedings because of the violations of town codes. She said Barnett was asked to come to a selectmen's meeting before any action was taken.

"Our request was to please come to our meeting and say why he hadn't responded and what he was going to do to come into compliance," Mitchell said. "He created a mobile home park without permission of the Planning Board."

Maine State Police Sgt. Roderick Charette said the case continues to be investigated.

District Attorney Evert Fowle said his office will review any criminal case submitted and pay close attention to the evidence.

"I'm not in any position to make a judgment until I see the police reports," Fowle said.


By Mechele Cooper, the Kennebec Journal 4/24/08.

Lakes:
Regions: Belgrade


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