SKOWHEGAN — The Fairfield man who fled the courthouse in handcuffs after a jury convicted him earlier this month of assaulting a young child is set to serve at least 10 years in prison.
Nicholas Carter, 31, was sentenced Tuesday at the Somerset County Superior Courthouse in Skowhegan to 20 years in prison, with all but 10 years suspended in lieu of six years of probation.
Superior Court Chief Justice Robert Mullen handed down the sentence after a jury convicted Carter of Class A aggravated assault of a 14-month-old boy, following a three-day trial in Skowhegan earlier this month.
Shortly after the verdict was returned Sept. 11, Carter ran out of the courtroom and made it outside before he was stopped by two jurors who were standing in the courthouse parking lot and a Somerset County Sheriff’s Office detective, who had pursued him from the courtroom, according to law enforcement officials and security footage obtained by the Morning Sentinel.
As a result, security was increased for Carter’s return to court Tuesday.
Two judicial marshals staffed the courtroom while one staffed the courthouse entrance, the same level of staffing that Sheriff Dale Lancaster says was present the day of Carter’s attempted escape. Two corrections officers accompanied Carter, who was shackled and wearing jail clothing, as he has been held at the Somerset County Jail in Madison since his conviction.
Among the increased security, there was a uniformed Somerset County sheriff’s deputy sitting near the rear door of the courtroom during the hearing. In addition, Chief Deputy Mike Mitchell of the sheriff’s office was also in the courtroom, as was Detective Jeremy Leal, the primary investigator in the case, who sat at the prosecutor’s table.
Carter’s conduct post-conviction was discussed at the sentencing hearing, though the crime for which the jury found him guilty was the focus of the imposed sentence.
Mullen, referencing a handful of cases of escapes by defendants in Maine and other states, said he was not required to ignore what happened after the verdict in determining a sentence. Carter was charged with escape, the Somerset County Sheriff’s Office said previously, and that case is pending.
“Just so it’s clear, I am not imposing a separate sentence or punishment for escape or for anything else — only what the jury found him guilty of,” Mullen told those in the courtroom. “But, like I said, I wouldn’t be candid — and I try be candid, if nothing else — if I didn’t admit that this has been considered by me in coming up with a sentence.”
LONG-LASTING DAMAGE
In delivering his sentence, Mullen weighed heavily that the victim, now 4 years old, was an infant at the time of the assault and the assault has had a significant impact on the boy and his family.
Timothy Snyder, first assistant district attorney for Somerset County, had asked the court to impose a prison sentence of 20 years.
Snyder cited the victim impact among other aggravating factors, including a previous felony burglary conviction, his attempted escape after the trial, a conviction of violation of condition of release while the assault case was pending and a new charge of violation of condition of release for recently contacting the victim’s mother from the county jail.
As a result of the assault, the child has had three brain surgeries, suffered vision loss in one eye, and attended numerous appointments for follow-up and therapy in the last three years, Snyder said.
“The damage inflicted on (the victim) is long-lasting,” he said. “It will be lifelong.”
The Morning Sentinel does not identify victims of crimes against children without their consent.
The victim’s mother, who read an impact statement to the court before Mullen delivered his sentence, said the assault has left her feeling grief, anger and worry the last three years.
“I’ve picked up pieces of those days, time and time again,” she said. “And because of your choices, Nicholas, I will forever live in fear. Fear for my son. I will forever fear for my son, the 4-year-old boy whose life you turned into a fragile existence at just 14 months old.”
She said she would not forgive Carter, who looked directly at her as she read her statement.
“Your actions will follow my son and myself for the rest of our lives, and although we will survive, part of us will forever be damaged by you,” she said in her statement. “So, my final statement for you, Nicholas Carter, is that I hope you pray to God for forgiveness because there will never be any forgiveness for you here.”
PAST AND FUTURE
Carter addressed the court, too, before he was sentenced.
He apologized to the victim and mother, as well as to the court, the town and others for his attempted escape. Carter asked Mullen for a second chance.
“The past does not define who I am,” Carter said. “It is part of me. I still have a future. And I’m going to do whatever I can to prove to myself, and to everyone else, that I am worth a second chance.”
Carter’s attorney, John O’Donnell, asked the court for a sentence of 15 years in prison, with all but seven years suspended, and six years of probation.
“Mr. Carter is an intelligent fellow,” O’Donnell told Mullen. “Clearly, he’s remorseful for what has occurred.”
Mullen’s sentence, in what he called a case of “serious misconduct,” landed somewhere in between the recommendations from both sides.
The partially suspended sentence means that Carter will serve 10 years in a state Department of Corrections facility, and if he violates his probation conditions, could serve the remaining 10 years of the prison sentence.
Terms of probation set Tuesday include seeking mental health treatment, taking an anger management course and having no contact with the victim’s family.
“There’s no reason for what happened here,” Mullen said in his concluding remarks. “There’s never, never a reason to cause injury to an infant. Certainly, no reason to cause injury to somebody who I think you professed to love.”
At the end of the hearing, while the court clerk completed paperwork, Mullen also thanked the victim’s mother for testifying and speaking at the sentencing.
“I don’t minimize the challenges you may face in the future,” the justice said. “But just from the short time I’ve seen you testify and heard you, I feel like (the victim) has someone who can take care of him. And I hope you can.”
Comments are not available on this story.
Send questions/comments to the editors.