Secret agreement reached in assault case against teens
JJ Higgins, Sentinel and Enterprise
FITCHBURG -- Three sons of local officials worked out a secret agreement on Thursday with the man whom they allegedly beat and robbed outside a McDonald's restaurant in August.
The alleged victim, Daniel J. LeBlanc, 43, of Fitchburg signed an "accord and satisfaction" form for each of the three suspects, according to documents filed in Fitchburg District Court.
But the documents didn't say what "satisfaction" LeBlanc received from the three suspects.
Police arrested Matthew C. Lamey -- the son of former Superintendent of Schools Thomas J. Lamey -- Drew R. Durkee -- the son of Bruce Durkee, who served on the City Council -- and Colby J. Donnelly -- the son of Worcester County Assistant District Attorney Erin Donnelly and Fitchburg High School Girl's Basketball Coach John Donnelly -- after the incident on Aug. 9.
The incident began when LeBlanc, who was going through trash barrels in the parking lot, exchanged words with the three men around 1:30 a.m., according to police.
The defendants told police LeBlanc demanded they buy food for him, and said LeBlanc claimed he had a gun, according to police reports.
A McDonald's employee told police she saw the three men surround LeBlanc, and watched Donnelly knock him to the ground and grab a bag out of his hands, Officer Chad C. Cordio wrote in a report.
Durkee held LeBlanc down, while Lamey drove the trio away after the incident, but Cordio arrived and stopped the car in the parking lot, according to police.
Police interviewed the suspects, LeBlanc, and McDonald's employees, and arrested each of the suspects for unarmed robbery and assault and battery.
LeBlanc was not seriously hurt during the alleged incident, according to police.
LeBlanc signed two identical papers for Lamey and Durkee on Thursday, saying he "acknowledged" satisfaction "for injury and damages he suffered."
By signing the papers, LeBlanc also agreed he wouldn't press charges against them in the future.
He signed a similar, but shorter paper for Donnelly, saying he "received satisfaction," and requested the matter be dismissed.
Donnelly, Durkee, and Lamey, who are all 20-years-old, stood before District Court Judge Andrew L. Mandell during Thursday's hearing.
Special prosecutor John C. Fisher, who was appointed to the case because Donnelly's mother works for the district attorney, told the judge he agreed to reduce the charges to assault and battery.
Mandell reduced the unarmed robbery charge against Lamey to assault and battery, and then dismissed the charge on the condition the unnamed "obligations" are met by Feb. 10.
Mandell dismissed the unarmed robbery charge against Donnelly and then also dismissed the assault and battery charge on the condition the unmamed "obligations" are met by Feb. 10.
Mandell reduced the unarmed robbery charge against Durkee to assault and battery and then dismissed that charge on the condition the unnamed "obligations" are met by Feb. 10.
None of the suspects entered a plea, according to court documents.
Mandell called on LeBlanc, who was ironically in court facing similar charges for an unrelated incident, and asked him if he agreed to the deal.
LeBlanc said he agreed, but neither the judge nor the lawyers ever explained what the deal was.
The three men accepted the agreement, thanked the judge, and left the courtroom at the end of the hearing.
Lamey's attorney, Timothy Murphy of Leominster, declined to say what the "obligations" were when questioned afterward.
"They'd like to keep it as quiet as possible," Murphy told a reporter. "Do you even have to write an article?"
Durkee's attorney, Michael Taylor of Leominster, also refused to disclose the details of the agreement.
When a reporter tried to ask the judge about the case later that day, a clerk magistrate, who said she didn't want her name in the paper, said Mandell didn't know what the agreement was, because the lawyers, the defendants, and LeBlanc worked it out privately.
LeBlanc stood before the judge during a plea bargain hearing before Lamey, Donnelly and Durkee were called on.
Police charged LeBlanc with unarmed robbery and larceny from a person after an alleged drunken heist in October, when he walked into Pizza Hut on John Fitch Highway and stole a jar of money intended for hurricane victims.
The Pizza Hut employee allegedly chased LeBlanc down and retrieved the jar.
LeBlanc admitted to the allegations, and his lawyer, John J. Roemer of Worcester, told the judge LeBlanc had an alcohol problem, but has since cleaned up.
Roemer told Mandell that LeBlanc said he began drinking when he was 7-years-old.
Mandell sentenced LeBlanc to a year of probation, ordered him to participate in a substance abuse program, pay a $50 court fee or perform community service, and not to contact the Pizza Hut employee or go in the restaurant while he's on probation. August 10, 2005 "Police arrest sons of local officials" FITCHBURG -- Police arrested three sons of prominent local officials for allegedly robbing a man outside of a McDonald's restaurant after an early-morning altercation.Police arrested Matthew C. Lamey, 20, the son of former Superintendent of Schools Thomas J. Lamey, Drew R. Durkee, 19, the son of City Councilor At-Large Bruce Durkee, and Colby J. Donnelly, 19, the son of Assistant District Attorney Erin Donnelly and Fitchburg High School Girl's Basketball Coach John Donnelly, around 2 a.m. Tuesday morning, according to court documents.
Employees at the Kimball Street McDonald's, which has a 24-hour drive-thru, called police when they saw the three men allegedly gang up on the 42-year-old victim who was looking through trash barrels in the store's parking lot, according to a police report written by Officer Chad C. Cordio.
"Once surrounded, (Colby) Donnelly struck him and threw him to the ground," the employees told police, according to Cordio's report. "(Colby) Donnelly then grabbed (the victim's) bag and forcefully took it out of his hands."
Drew Durkee allegedly "held the victim while he was assaulted and robbed of his personal property," according to court documents.
The men then attempted to drive away from the scene with Matthew Lamey at the wheel of a 1997 Ford Taurus, according to Cordio's report.
Matthew Lamey of 114 Ryefield Road, Fitchburg and Drew Durkee of 59 Osgood St., Fitchburg, are charged with unarmed robbery for their alleged role in the incident.
Colby Donnelly is charged with assault and battery and unarmed robbery, according to court documents.
District Court Judge Edward Reynolds released the men on personal recognizance bail during an arraignment hearing Tuesday, according to court documents.
Reynolds ordered the men not to contact the victim, according to court documents.
Reynolds also warned them that they could be sent to jail for up to 60 days if they commit another crime while they are awaiting trial, according to court documents.
Cordio and Officer David Gordon arrived at the McDonald's as the suspects tried to pull out of the parking lot, according to police reports.
The officer ordered the men to get out of the car while they questioned them.
"(Matthew) Lamey was asked what happened by Officer Gordon, and he pointed at the man walking from the parking lot and said the man demanded (Matthew) Lamey and his friends, later identified as (Colby) Donnelly and (Drew) Durkee, buy him some food," Cordio wrote in his report.
(Matthew) Donnelly and (Drew) Durkee told Cordio the man said he had a gun, according to Cordio's report.
But the victim told the officers a different story.
The victim said he was walking across the parking lot when the three men pulled up to him and demanded that he hand over the bag he was carrying, according to Cordio.
"When he did not comply with their demand, they got out of the car, followed him to the front of the store and all three of the men began assaulting him," Cordio wrote.
The bag is identified in court documents as a "lunch bag with miscellaneous items."
Police interviewed the store employees figuring they would be able to provide objective information, Capt. Philip J. Kearns said Tuesday morning.
One employee told Cordio she heard one of the men ask the victim, "What did you say to me?"
She asked another employee to keep an eye on the situation while she called police, according to Cordio's report.
One employee told Cordio she witnessed the men follow the victim to the front of the store and surround him. That's when the alleged assault occurred, according to Cordio's report.
Kearns said the suspects were likely on their way to order food at the drive-thru at the time of the incident.
He said police are still investigating the incident in order to determine exactly what was said between the victim and the suspects.
Police also plan to view video footage from the restaurant's surveillance cameras.
"We're still looking into this. I'm not sure why this happened," Kearns said. "This one guy was outnumbered, we know that."
There is no evidence that the suspects were intoxicated at the time of the incident, according to Kearns.
Colby Donnelly, who works at his family's tavern on Summer Street in Lunenburg, declined to say anything about the case during a telephone interview Tuesday afternoon.
"Yeah, no comment on that," he said.
When asked if he would like to tell his side of the story, he replied, "No, not at all."
"I'm sorry, we have no comment at this point," Erin Donnelly said during a telephone interview later in the day.
Colby Donnelly's uncle, City Council President E. Thomas Donnelly, said his nephew "has always been a good kid."
He did not know about the arrest when contacted by the Sentinel & Enterprise.
Former Superintendent of Schools Thomas Lamey, who retired in June, acknowledged Matthew Lamey is his son, but then declined to comment about his arrest during a telephone interview.
"I don't think that's any of your business," Thomas Lamey said. "I think you should find that out from the police."
Matthew Lamey is a groundskeeper for the city of Fitchburg.
Neither Drew Durkee, who works for a local restaurant, nor his father Bruce Durkee, could be reached for comment Tuesday.
Police Chief Edward Cronin said the police department is handling the incident like they handle every other case, despite the suspects' ties to the community.
"If it's a crime, then we take care of it," Cronin said.
Fitchburg Mayor Dan Mylott said he had not heard of the incident Tuesday afternoon when he was approached by the Sentinel & Enterprise.
"I can't comment on that, I don't know enough about it," he said while sitting in his office.
Colby Donnelly hired attorney Thomas McEvilly of Leominster to represent him, according to court documents.
McEvilly did not return several phone calls Tuesday.
Matthew Lamey and Drew Durkee did not hire attorneys for their arraignment Tuesday, so they will be arraigned again on Sept. 27, when they can their attorneys present, according to court documents.
Colby Donnelly is also scheduled to return to court for a pre-trial hearing that day, according to court documents.
Staff writer Rebecca Deusser contributed to this report.
Wednesday, August 10, 2005
regional digest
Three arrested in mugging
FITCHBURG -- Three city men were arrested early yesterday after they allegedly
robbed a 42-year-old man in the McDonald’s parking lot on Kimball Street. One of
the men also was accused of knocking the man to the ground.
Colby J. Donnelly, 19, of 72 Rinnock Road; Drew R. Durkee, 19, of 59 Osgood St.;
and Matthew C. Lamey, 20, of 114 Ryefield Road, were arraigned yesterday in
Fitchburg District Court on charges of unarmed robbery, according to court
documents.
Mr. Donnelly also was charged with assault and battery. They were released on
personal recognizance.
Two McDonald’s employees notified police about 1:30 a.m. yesterday about three
men in a car who were involved in a confrontation with an older man, according
to a police report filed with the court.
When police arrived, they received conflicting reports. Mr. Lamey told officers
the man approached him and his friends and demanded they buy him food. Mr. Lamey
also said the man claimed to have a gun, the report continued.
The man told police, however, that the trio approached him and demanded he hand
over his bag of belongings. When he refused, they got out of the car, assaulted
him and took his bag, according to the police report.
Police said yesterday they planned to further investigate the altercation.