Maine news, sports, weather from Portland Press Herald / Maine Sunday Telegram, Portland, Maine

State to drop assault charge

ELBERT AULL

— By

click image to enlarge

Select images available for purchase in the
Maine Today Photo Store

Staff Writer

Prosecutors will not pursue a domestic violence charge against a Chebeague Island man who was arrested last month, accused of spanking his 20-year-old daughter.

James Phipps, 50, was arrested by Cumberland County sheriff's deputies in late July after a dispute that stemmed, in part, from his daughter's $5,000 cell phone bill.

The case was filed for dismissal in Portland District Court on Monday, said his Portland-based attorney, Michael Cunniff.

Cunniff said Phipps will be evaluated by a family counselor and prosecutors will dismiss the domestic violence assault charge in a year if no other problems arise.

Phipps, who is blind, is president and chief executive officer of the Iris Network, a statewide organization that helps the visually impaired live independently. He worked previously for Preti Flaherty Beliveau & Pachios in Portland.

He was elected by Chebeague Island residents to serve on the board of directors for the Casco Bay Island Transit District, which runs the ferry service between the Casco Bay islands and Portland, and was a Cumberland selectman before Chebeague Island gained its independence.

Police said Phipps quarreled with his daughter, Katharyn, over her boyfriend and the phone bill at his home late on July 30. During the argument, he allegedly grabbed his daughter and spanked her repeatedly.

He was arrested and ordered to stay away from his daughter under his bail conditions. Phipps had police notify his daughter, who attends college out of state, that she would be charged with criminal trespassing if she set foot in the family's home.

The order and the notice will now be dropped, Cunniff said. ''The goal is to reintegrate the family and sort of move on.''

Prosecutors decided not to move forward with the charge because there was significant disagreement about what happened during the argument, said Tamara Getchell, a spokeswoman for the District Attorney's Office.

Getchell said there also were questions about whether Phipps' actions fell under what the state considers acceptable parental discipline guidelines. State law says a parent or guardian is justified in using force as punishment as long as the actions cause ''no more than transient discomfort or minor temporary marks.''

The outcome came as a relief to members of the Iris Network's board, some of whom were briefed on the accusations at an executive committee meeting last week.

Chairman David Stuchiner said the board considered the arrest a ''personal matter'' with no bearing on Phipps' work with the organization.

Other members agreed.

''I am relieved, because from what I have known of Jim, he is a good man,'' said Nancy Hawes, vice chairwoman of the board.

Phipps did not return a phone message seeking comment.

Staff Writer Elbert Aull can be contacted at 791-6325 or at:

eaull@pressherald.com