Ernest Dubeau of Hollis pleaded not guilty Wednesday to a manslaughter charge tied to a crash that killed Richard Bernard. Derek Davis/Staff Photographer
A Hollis man accused of causing a fatal crash in Gorham last September pleaded not guilty Wednesday morning to manslaughter and four other charges.
Ernest Dubeau, 39, was indicted last month on charges of manslaughter, aggravated driving to endanger, aggravated criminal mischief, operating a motor vehicle beyond class restrictions, and violating conditions of release after he allegedly drove his Ford pickup truck into 47-year-old Richard Bernard’s motorcycle. A reconstructionist determined that the crash occurred because Dubeau turned in front of Bernard and did not give him enough time to react, according to court records.
During his brief court appearance in front of Judge Nancy Mills on Wednesday morning, Dubeau denied that he was guilty of any of the charges.
Some of Dubeau’s family members grew emotional in the courtroom as he entered his plea. One woman who said she was the defendant’s sister said neither Dubeau nor his family would discuss the case with the media.
Bernard’s widow, Katie Bernard, told the Press Herald after the hearing that she didn’t know about Dubeau’s court appearance and said she was frustrated by what she described as a lack of communication from the District Attorney’s Office.
“I’m kind of feeling like I’m really out of the loop now,” she said. “I haven’t heard anything from the DA, which concerns me that they’re not on my side with this.“
District Attorney Jacqueline Sartoris said in an email later Wednesday that her office did fail to alert Bernard’s family about that day’s hearing.
“I will be sure to speak with (Katie Bernard) tomorrow to extend my condolences and apologize for our failure to give her ample notice of the hearing today,” Sartoris said. “We have flagged this case in our tracking system to ensure any and all court dates are provided to the victim’s family in advance going forward.”
Prosecutors and Dubeau’s attorneys agreed to set bail at $25,000 unsecured, which means Dubeau will not need to post bail unless he violates the conditions of his release. Those conditions include agreeing not to consume drugs or alcohol or to drive without a license.
Dubeau’s next court date has not been set, according to his defense attorney, Lisa Chmelecki.
Dubeau told police that he was driving a pickup truck and trailer west on Route 22 just before 8 a.m. on Sept. 15, 2022, when he turned left onto Hodgdon Road in Gorham, crossing into the path of Richard Bernard, who was heading east, according to an accident report. After he heard a loud bang, he stopped and saw a bike lying in the road.
The crash threw Bernard off his motorcycle, according to the accident report. Another driver found him pinned under Dubeau’s trailer. He was pronounced dead at the scene.
Dubeau told police he checked for oncoming traffic but did not see Bernard. But a Maine Medical Center nurse heading home to Buxton who had been driving behind Dubeau for several miles said she had noticed Bernard’s motorcycle, according to a witness statement. She said she also saw Dubeau look back and take a hard left as he reached the intersection.
Another witness, who was already at the intersection when Dubeau reached it, said she noticed Bernard before the crash and saw Dubeau’s truck turn. She watched Bernard try to swerve, but the vehicles were too close and Bernard’s bike hit the right front quarter panel of Dubeau’s truck.
The road was dry and well-lit by the time he reached the Hodgdon Road intersection, according to police reports.
Dubeau told police at the time that he was not impaired by alcohol or any other substances. He showed them a prescription for suboxone, a medication used to help combat opioid addiction. State police did find evidence of etizolam, a drug that’s used to treat anxiety and sleep disorders but isn’t listed as a controlled substance in the United States. Tests also showed his blood alcohol level was less than 0.01%.
He was participating in a diversion program at the time of the crash. Roughly four months earlier, he had entered a plea agreement with the Cumberland County District Attorney’s Office for two misdemeanor-level drug possession charges. Prosecutors had agreed to put off sentencing for a year, court documents show. On Wednesday, prosecutors said they are terminating the agreement because of the new charges.
Katie Bernard said she and her husband, a mechanic, had been struggling to make ends meet. She said Ricky began driving a motorcycle to work to save money on gas. Bernard was an inexperienced rider and was not wearing a helmet – a mistake that likely cost him his life, according to the reconstructionist.
Since the crash, Katie Bernard and her children have been forced to move and she said paying the bills has been “a big struggle” and that she hopes the DA will pursue restitution.
“From what the news press said in the last story, the person behind Mr. Dubeau, who hit my husband, (saw) my husband on the motorcycle. So why didn’t he?” she said. “As far as I’m concerned, he’s very guilty.”
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