Chief: Video system down during alleged threats

Michael Bernier (Courtesy photo)

MILTON - The on-body camera system that Milton Police use to record arrests and most official business was not working the day they allege a town resident and former selectmen candidate made criminal threats against an officer after his arrest for disorderly conduct.

Milton Police Chief Richard Krauss said last month that the system, which normally would be turned on during any arrest or offender transport, had developed a virus and was inoperative much of January and most of February.

Michael Bernier, 48, of Felker Drive, who garnered 30 percent of the vote in elections in March, faces a host of charges at his upcoming trial, including a Misdemeanor A count of criminal threatening against a family member on Jan. 1, one misdemeanor B count of criminal threatening and one misdemeanor B count of disorderly conduct for the Feb. 2 incident and two misdemeanor counts of stalking regarding a March 11 incident at the Emma Ramsey Center on Election Day.

The two stalking charges are for being in close proximity to Milton Police Officer Cpl. Andrew Magargee, who was the victim of the criminal threatening incidents on Feb. 2. The two criminal threat counts from that day have been rolled into one misdemeanor count, according to a court clerk.

In the Feb. 2 incident Bernier was arrested for allegedly creating a disturbance near his Felker Drive home and during transport threatening Magargee.

Bernier, meanwhile, claims Magargee made a disparaging remark about his run for selectman after his arrest.

Bernier is also charged with making more criminal threats while being booked at Strafford County Jail.

Krauss said this week he wasn’t aware if there were any video recordings of that confrontation, and that he hadn’t looked into whether there were.

Bernier has said the Elections Day stalking charges on March 11 stem from when he was walking into the Emma Ramsey Center to vote and was shaking hands will all the candidates and officials who normally form a sort of voter gauntlet prior to getting inside to the polls.

Bernier said he shook the hand of his opponent, Selectmen Chairman Tom Gray, then moved to the final person standing by the door into the polls. It was Magargee, who pulled his hand back, Bernier claims, adding that is when words were exchanged. Bernier said more words were exchanged between him and Magargee when he exited the polls and Magargee was still there.

Bernier’s two stalking incidents were noted by prosecutors as having occurred at 2:30 p.m. and 2:46 p.m. at the Emma Ramsey Center.

Milton Police Chief Richard Krauss has said that Magargee was in street clothes on Election Day.

Bernier said he doesn’t remember what Magargee was wearing, but questioned why the corporal was in the receiving line as he wasn’t a candidate. He said it amounted to “voter intimidation” because they both knew Bernier was supposed to have no contact with Magargee, and Magargee should have known that Bernier would be voting as he was a candidate.

Moreover, he said, Magargee should have known that Bernier would be exiting the polls as he came in, past the receiving line.

Bernier said he thinks Milton Police have been out to get him for years.

Budget Committee member Larry Brown, who was nearby said Monday he couldn’t recall any incident.

Gray has failed to return repeated phone calls from The Lebanon Voice as to his recollection.

Bernier’s trial on all the charges will be held on June 10 in Rochester District Court.

Bernier, who will be represented by a public defender, faces a year in jail on the Jan. 1 criminal threatening charge.

Krauss has said police will have no further comment on the matter as a trial is pending.