Man gets 15 years for assault, theft

BANGOR – A Glenburn man was sentenced Monday to 15 years in prison for stealing jeans and assaulting a security guard in February 2003 at J.C. Penney Co. in Bangor.

Other charges against Kirk DePhilippo, 40, are pending in Hancock County for alleged thefts in April from the Wal-Mart and Renys stores in Ellsworth.

Penobscot County Superior Court Justice Jeffrey Hjelm cited DePhilippo’s 20-year criminal history in handing down the harsh sentence Monday. The judge did not suspend any of the sentence or sentence DePhilippo to probation.

He was convicted of two counts of Class A robbery and one count of Class A aggravated assault in November following a jury trial in Penobscot County Superior Court. DePhilippo was accused of stealing a pair of jeans, then breaking the arm of a security guard when confronted about the theft on Feb. 18, 2003.

He and his alleged accomplice fled the store. A warrant was issued for his arrest, but DePhilippo was not taken into custody until June, after the Ellsworth incident, according to court documents.

Patrick Larson, assistant district attorney for Penobscot County, recommended Monday that DePhilippo be sentenced to five years more than the maximum 20 years due to his criminal history.

The defendant’s attorney, Martha Harris of Bangor, urged the judge to sentence the defendant to Drug Court or an alternative to prison that would allow him to address his substance abuse problems.

The judge noted that DePhilippo has been in and out of jail many times over the past 20 years. He has served sentences for convictions for aggravated assault, misdemeanor assault and threatening with a dangerous weapon, Hjelm said Monday. The judge acknowledged that DePhilippo’s crimes were rooted in his substance abuse.

“This case is nothing but tragic – from the victim’s point of view and from your point of view,” the judge told the defendant. “You have had the opportunity to be a positive role model to your family and to contribute to society. … You have had ample opportunities on probation previously to address your substance abuse issues.”

Last month, Hjelm denied DePhilippo’s motion for a new trial following a hearing. Harris based the motion on a conversation the defendant’s girlfriend, Brandy Cameron, 24, of Bangor, said she overheard the day of the trial.

Cameron testified at the hearing that she heard Bangor attorney Marvin Glazier tell a witness what to say in court shortly before the woman testified against DePhilippo.

Glazier represented Tara Madore, 20, of Etna, who was with DePhilippo at the J.C. Penney store in the Bangor Mall and witnessed the assault on the security guard. Madore has been indicted for robbery and two counts of hindering apprehension or prosecution. She has pleaded not guilty to the charges.

Glazier denied coaching his client about her testimony, and testified that in his more than 30-year career he had never coached a client about his or her testimony.

At one point during Glazier’s testimony, Hjelm threatened to evict Cameron from the courtroom if she did not stop commenting aloud on the lawyer’s answers to Harris’ questions.

DePhilippo is expected to appeal the sentence.