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SOMERSET COUNTY Manslaughter suspect appears in court
BY DOUG HARLOW
Staff Writer
Kennebec Journal & Morning Sentinel 10/15/2008

Staff photo by David Leaming
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Staff photo by David Leaming
IN COURT: Charles Sinclair and his attorney Paul Sumberg on Tuesday listen to Justice Joseph Jabar during Sinclair's arraignment of charges of vehicular manslaughter and aggravated operating under the influence in connection with the death of Faith McKenzie.
SKOWHEGAN -- A judge reduced bail Tuesday on a Cornville man charged in the alleged drunken-driving death of a Bingham mother of three last month.

Charles W. Sinclair, 59, of Ames Road, made his initial appearance Tuesday before Superior Court Justice Joseph Jabar.

Sinclair was arrested by Madison police at his home on Friday.

He faces charges of vehicular manslaughter and aggravated, criminal operating under the influence, resulting in the death of Faith A. McKenzie, 38, on Sept. 26 on U.S. Route 201 in Madison.

Sinclair was heading south about a quarter of a mile north of the intersection of Route 148. McKenzie was going north in a Subaru.

McKenzie was killed.

The manslaughter charge is a Class A-felony crime, punishable with a conviction by up to 30 years in prison.

The criminal OUI charge is a Class B felony, carrying with it a possible additional 10 years in prison.

Sinclair did not enter a plea Tuesday.

Assistant Attorney General Andrew Benson, whose office has been assigned the case, sought to keep bail on Sinclair at $100,000 cash, with no property bond allowed.

Defense attorney Paul Sumberg of Skowhegan told Jabar that his client's property is valued at about $80,000, an amount that could be used toward his release if the bail amount was lower.

Jabar, citing the fact that Sinclair has no serious criminal history -- two misdemeanor OUI convictions -- agreed to set bail at $50,000 worth of property or $10,000 cash.

Benson said Sinclair's blood-alcohol test results exceeded the level of intoxication as defined by Maine law.

He declined to say what the level of alcohol was in Sinclair's blood.

Sumberg told Jabar that Sinclair is a former U.S. Marine who served two tours of duty in Vietnam. Sinclair also is a member of the Vietnam Vets Motorcycle Club. He is retired after 30-plus years at the Portsmouth Naval Shipyard, the lawyer said.

Sumberg said Sinclair has a "heart of gold."

Benson also asked the judge to order that Sinclair have no contact with Gail Davis, a woman with whom Sinclair has had an 11-year romantic relationship.

Benson said Davis has refused to cooperate with the police investigation regarding Sinclair's daytime use of alcohol.

The Attorney General's office took over the case this month after District Attorney Evert Fowle said Assistant District Attorney Brent Davis, his top prosecutor in Somerset County, would have a conflict of interest in the case.

Gail Davis, Sinclair's friend, is Brent Davis' mother.

Noting that he would not sanction separating two people who have lived like man and wife for more than a decade, Jabar ruled that the couple could remain together during the course of the investigation and trial, if there is one.

Sinclair is allowed to be with Davis, but can have no contact with two other people said to be witnesses in the head-on crash that killed McKenzie.

Sinclair also was ordered not to drive, and to refrain from use of alcohol and illegal drugs.

A status hearing on the case is set for Dec. 3, unless a Somerset County grand jury takes the case before that date, Jabar said.

Doug Harlow -- 474-9534 ext. 342

dharlow@centralmaine.com

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