LEWISTON — A judge said Monday that an Auburn man accused of hitting a woman with his car last week and fleeing the scene is barred from driving pending trial.
Michael Fowler appears Monday in 8th District Court in Lewiston from Androscoggin County Jail in Auburn on a felony charge of leaving the scene of an accident resulting in serious injury or death. Screenshot from video
The woman apparently suffered a fractured skull and was hospitalized.
Michael Fowler, 65, appeared in 8th District Court by videoconference from Androscoggin County Jail in Auburn where he has been held since his arrest Saturday.
Judge Sarah Churchill set Fowler’s bail at $5,000 cash or $500 cash with supervised release.
She said Fowler is prohibited from driving, but added she would be willing to reconsider that condition of his release from jail after more information becomes available about his medical condition that he told police caused him to have a sneezing fit and lose control of his car.
“There does seem to be some need to protect the community,” Churchill said.
“I’m concerned that there’s the issue of not seeing well at night and perhaps a medical event related to the sneezing,” she said, “so, without more information at this point, I’m not comfortable saying that Mr. Fowler is OK to drive.”
Fowler is charged with leaving the scene of an accident involving serious bodily injury or death, a felony punishable by up to five years in prison.
He didn’t enter a plea Monday.
In order for a felony to go to trial, a grand jury must hand up an indictment showing there is probable cause to charge the defendant with the crime.
Fowler was appointed an attorney by the court.
Assistant District Attorney Alexandra Winter had sought $10,000 cash bail; defense attorney Justin Leary asked for unsecured bail.
Churchill split the difference, but ordered Fowler not to drive unless a future bail hearing showed he was safe to operate a motor vehicle.
Leary had argued he be allowed to drive during daylight hours.
Winter told the judge that, according to a police affidavit, a car matching the description of Fowler’s was seen on the surveillance video of a downtown business at 4:15 a.m. on July 6 striking a woman in the road and not stopping.
“It’s my understanding that the alleged victim’s sister observed what she believed to be a vehicle in the driveway of 74 Fourth St. in Auburn. When law enforcement went to that location, they located a light blue, four-door sedan that had significant (damage) to the right, front passenger-side mirror and side door and front headlight,” Winter said.
Winter said the 22-year-old alleged victim suffered a “fairly serious injury,” including a fractured skull and was taken to Central Maine Medical Center in Lewiston and transferred to Maine Medical Center in Portland.
Winter said Fowler works as a cab driver.
She urged the judge to prohibit Fowler from driving pending trial.
“Given Mr. Fowler’s own admission that he doesn’t see well at night and that he has sneezing fits that cause him to lose control of his vehicle, the state does have concerns of his ability to drive.”
Winter said Fowler also told police “that he recalls striking what he believed to be a pole. He said that that occurred on Riverside Drive, which is where this was alleged to have occurred.”
Leary said his client’s only criminal history is a theft conviction from 2015. He lives with his son in Auburn.
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