Below is the article that appeared in the Portland Press Herald. Here's another case of someone using the REGISTRY to identify his intended victim. This is one of the things that scares me the most. I live with a Former RSO and his face is online as well as our address. Even though people in the community know him and he is well respected it wouldn't stop someone who doesn't know him to assume the worst and come after him. Here in Maine two men on the registry were killed when a man from Canada downloaded over 30 names and addresses from the registry. He didn't know any of the men but choose them randomly. We need to return the registry to it's original intent as a tool for Law Enforcement and not to have it visible to anyone that might be looking to harm another human being.
http://pressherald.mainetoday.com/story.php?id=257696&ac=PHnws
PORTLAND — The man arrested Monday morning as he loaded a high-powered rifle near First Parish Church faces a charge of attempted murder, despite the fact that his alleged target was in jail at the time.
Herbert Jones, 46, was ordered held on $500,000 cash bail during a brief hearing Wednesday at Superior Court in Portland.
Judge Jeffrey Moskowitz granted a motion by the Cumberland County District Attorney's Office to seal the case documents. Prosecutors declined to answer questions about Jones on Wednesday afternoon.
As part of the bail conditions against Jones, however, Moskowitz ordered him not to have contact with three individuals, including 49-year-old Daniel Fraser of Portland.
Portland police confirmed that Fraser was the man Jones allegedly wanted to kill on Monday morning. The other two names on the no-contact list were those of a woman whom Jones was allegedly stalking, and another man he knew through Alcoholics Anonymous meetings.
Jones also apparently knew Fraser through AA meetings. In statements to police, and in a jailhouse interview with the Portland Press Herald after his arrest, Jones said he planned to take the loaded gun into the AA meeting in the basement of the First Parish Church and shoot a convicted pedophile.
According to Maine's Sex Offender Registry, Fraser was convicted in January 2008 for unlawful sexual contact with a minor under the age of 14. Court records say the crime occurred in Brunswick while Fraser was homeless.
He was sentenced to three years in prison, with all but one year suspended.
People familiar with the morning AA meeting at the church said Fraser had not disclosed his criminal history to members, and they were unaware of it. However, his criminal history would have been readily available on a state Web site that shows all people who are required to register as sex offenders, their picture and the crime they committed.
Jones said in an interview Monday that he had seen a documentary on pedophiles two months ago and wanted to stop them from hurting anyone again, and that he aspired to be a vigilante targeting pedophiles and rapists.
Jones was arrested at 8 a.m. Monday in the area between First Parish Church and Portland High School after School Resource Officer Stephen Black interrupted Jones as he was loading rounds into a 7 mm Remington.
Police arrested Jones and seized a 12-gauge shotgun, 40 rounds of ammunition and four knives from his BMW convertible, which was parked outside the church. They also arrested Walter Begaye, 43, who was in the passenger seat as Jones was loading the rifle.
Jones said he had been with Begaye since the night before, but so far Begaye has been charged only with having a concealed weapon. Police found a knife partly hidden under the passenger seat, where he was sitting.
Fraser was arrested in Portland on May 8 for violating the conditions of his probation – he tested positive for methamphetamine. Cumberland County Chief Deputy Kevin Joyce said Fraser is serving a 30-day sentence at the jail.
Because of a no-contact order between Jones and Fraser issued by Judge Moskowitz, the jail will have to keep them separated, Joyce said.
"There are certain steps that they can take to alleviate any possible conflict between two individuals," he said.
Begaye also appeared in court Wednesday and was ordered held on $1,000 cash bail.
Meg Elam and Kate Tierney, the prosecutors handling the case for the Cumberland County District Attorney's Office, declined to comment.
Initially, Jones had been charged with terrorizing, stalking, possession of a firearm in a school zone and possession of a firearm by a felon. Police determined that Jones did not have a prior felony conviction, so that last count was dropped.
The other charges also were not brought by the prosecutors on Wednesday. Rather, there was just a single count of attempted murder.
Under Maine law, a person is guilty of attempted murder if he or she takes a substantial step toward the commission of the crime, with the intent to complete the action.
"A substantial step is any conduct that goes beyond mere preparation and is strongly corroborative of the firmness of the actor's intent to complete the commission of the crime," the statute reads.
The fact that the alleged target in this case, Fraser, was in jail and not at the church building on the morning Jones was arrested does not make a difference under the law. What matters is Jones' intent, and the steps he allegedly took to carry out that intent.
Daniel Lilley, a Portland defense lawyer with no connection to this case, said the situation is similar to one in which a defendant is accused of attempted unlawful sexual contact when the victim is really an undercover agent. There is no actual opportunity to commit the crime, but the intent allows for the charge to be brought anyway.
Lilley said it appears that Jones took substantial steps toward the commission of the crime, but the fact that the target was not available will make it more difficult for prosecutors.
"As a practical matter, it would be a tough case to convince a jury beyond a reasonable doubt," Lilley said, "because of the reality of your inability to carry out the idea, even if the evil intent is there."
Monday's incident has not interfered with the morning AA meeting at the church, an open meeting that anyone can attend.
The Rev. Tim Jensen, pastor at First Parish Church, said that there has been some anxiety among the congregation, but that the church remains committed to serving people in the city and its hosting of the AA meetings.
Staff Writer Trevor Maxwell can be contacted at 791-6451 or at:
tmaxwell@pressherald.com
Staff Writer David Hench can be contacted at 791-6327 or at:
dhench@pressherald.com
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