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BELFAST – A Waldo County man on Thursday sued two men who allegedly beat him on his own land two years ago after he confronted them about hunting near his home.
While the incident never resulted in criminal charges, Richard Johnson, now 60, of Jackson filed a civil lawsuit in Waldo County Superior Court against the two men who were originally charged in the case, and his lawyer said Thursday he will sue others if they are identified.
The lawsuit alleges that Vincent DeCarlo, 45, of Foster, R.I., and Paul Dercole, age unknown, of Albion were among a group of five men who attacked Johnson when he complained about their hunting in a populated area.
The alleged assault occurred on Nov. 7, 2001.
“He was beat up pretty bad and received a mild traumatic brain injury as a result,” said Johnson’s lawyer, Walter McKee. “He was out of work for some time and is still suffering the effects.”
Along with negligent assault, the lawsuit also charges the two men with intentional and negligent infliction of emotional distress. It states that the behavior of DeCarlo and Dercole was “malicious and intentional” and asks for punitive damages, interest, costs and whatever additional relief the court deems necessary.
Soon after the confrontation, DeCarlo was arrested on a charge of aggravated assault and a $3,000 bail bond was posted. He was due to appear in court the following month, but Deputy District Attorney Leane Zania dropped the charges and released the bond a few days before DeCarlo was scheduled to appear.
When asked Thursday about her reasons for not prosecuting the case, Zania declined to comment.
John Ford, who was chief deputy of the Waldo County Sheriff’s Department at the time and headed the investigation, said Thursday that the Johnson beating resulted in an extensive investigation.
“It was a very frustrating case, and probably one of the worst ones we ever had to deal with,” Ford said Thursday. “It’s a slap in the face to every sportsman and landowner in the state of Maine. For it not to have gone into the courts, I feel we all lost.”
McKee said there were other men who “tagged along either as support or as the cheering squad” with DeCarlo and Dercole that day. He said that “as soon as I identify them, they’ll be sued as well.”
On the day of the alleged assault, Johnson arrived home from work about 4:15 p.m. and noticed a pickup truck parked across the road from his house. He concluded that the occupants were hunting deer close to neighboring houses. So, Johnson began to blow the truck’s horn to get the hunters’ attention. When that didn’t work, he wedged a stick in the horn to keep it blowing continuously, left a note and went to his home.
A short time later, two trucks pulled into his yard. DeCarlo and Dercole allegedly got out of one truck and confronted Johnson. At some point, one of the men knocked off Johnson’s hat. When Johnson bent over to pick up his hat, the hunters jumped him. He was kicked, punched in the face, had some teeth knocked out and suffered a concussion. He managed to crawl to his house, where he passed out.
Attempts to reach DeCarlo and Dercole were unsuccessful Thursday, as neither has a listed telephone number. Daniel A. Pileggi, the Ellsworth attorney who represented DeCarlo when he was arrested and made bail for the aggravated assault charge, also was unavailable for comment.
Since the incident, the Johnson family has posted its land to hunters. Many of their friends and neighbors also have done so.
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