The man accused of setting up a robbery last April that ended with a fatal shooting in Portland asked a judge to significantly lower his bail, citing his indirect involvement in the killing and a need for rehab and treatment.

But a judge rebuffed the request by Anthony Osborne, 45, because he has a long history of violating bail or probation conditions. Osborne is charged with robbery and felony murder for his alleged role in the double shooting, when a gunman killed Derald “Darry” Coffin and wounded Coffin’s friend, Annabelle Hartnett, outside an apartment building on Woodford Street on April 26.

Osborne will remain in Cumberland County Jail, where he’s been held since his arrest in June, unless he posts $500,000 cash bail, the judge ruled Tuesday. Osborne’s attorneys hoped the judge would reduce it to just $50,000.

Osborne was with Coffin and Hartnett when they were ambushed as they sat parked outside the apartment where Hartnett and Coffin were staying. Police allege Osborne set them up by texting their location to the other defendants as he rode in the back of Hartnett’s SUV, believing they would score money or drugs during the planned shakedown.

In a previous interview with the Press Herald, Hartnett said at least two people pulled Coffin out of the vehicle, demanded money and beat him before one pulled a gun and shot Coffin in the abdomen. Hartnett was nearly struck in the head by a second bullet and was wounded by a third shot, but survived.

Two other men face felony murder charges: Thomas MacDonald, 44, of Westbrook, and Jonathan Geisinger, 45, of Portland. The fourth person, Damion Butterfield, 23, of Biddeford, was the alleged shooter and is charged with one count of murder and one count of attempted murder.

On the night of the killing, Geisinger and MacDonald were riding together in a car MacDonald rented and picked up Butterfield in Portland. After Osborne texted them the address, the three men went to Woodford Street, parked a couple of blocks away and walked toward Hartnett’s vehicle before two of them – Geisinger and Butterfield – beat up Coffin and demanded money before Butterfield shot him, according to court documents.

‘HE WAS THE CATALYST’

During the brief hearing Tuesday, Osborne’s attorney asked Justice MaryGay Kennedy to reduce bail to $50,000 with a condition that Osborne remain on house arrest at a residence in Porter if released pre-trial.

Coffin’s family sat behind Osborne during the hearing. Nearby, a jail officer stood watch. Osborne sat in leg irons, handcuffs and a yellow prison jumpsuit. He did not speak publicly.

“Mr. Osborne was not the shooter in this case, he was present with the victims at the time of the shooting,” said Osborne’s attorney, Verne Paradie. “We’re asking the court to lower the bail to something that’s possible to make, so he can go home, and/or go to rehab.”

Paradie said one of the other defendants, MacDonald, had his bail lowered from $500,000 to $50,000.

But a prosecutor highlighted the differences between MacDonald’s criminal history and Osborne’s. MacDonald has no felony convictions and a couple of misdemeanors on his record from several years ago.

Osborne has an extensive record and was the conduit of information that set up the attempted robbery and shooting. He was the catalyst, Assistant Attorney General Lisa Bogue said.

“I would argue that the defendant has a lot more of a role in this case,” said Bogue. “I’d agree this defendant did not pull the trigger. The state would argue that but for the defendant, we would not be here.”

Bogue described Osborne’s repeated convictions, bail and probation violations, rattling off charges, dates and re-arrests.

The most significant prior conviction was a 2001 sentence for manslaughter, Bogue said. Osborne was released on probation following some prison time in that case, but violated his terms and was sent back to serve four more years.

Paradie, Osborne’s attorney, tried to rebut the argument.

“There’s no indication in the affidavit that Mr. Osborne knew anyone was going to get shot. If this was a robbery case, $50,000 cash bail would be …”

But Justice Kennedy cut him off.

“It’s not a robbery case,” Kennedy said.

Paradie did not tell her anything about Osborne personally, about whether he has longstanding ties to the community or family in the area, or what his rehabilitation needs may be – all factors in determining an appropriate bail amount.

“I’m assuming he has these things, but I haven’t heard anything about him,” Kennedy said. “What I have heard about, and which is incredibly significant to the court, is his criminal history, specifically with his failure to appear and violating conditions of release. It’s hard to suggest with any kind of straight face that there is not a concern he may violate the conditions the court may impose if he had that opportunity.”

Comments are not available on this story.

« Previous

Mother sentenced to 47 years in prison for killing 3-year-old son

Next »

‘Armed and dangerous’ man was hiding in Waterville attic when arrested, police say