Man pleads no contest to rape, burglary of neighbor
10/7/09 | 18 comments

Man pleads no contest to rape, burglary of neighbor


By Judy Harrison
BDN Staff
BANGOR DAILY NEWS PHOTO BY KEVIN BENNETT
Derwin Springer

BANGOR, Maine — The Passadumkeag man accused of breaking into a neighbor’s home and raping the woman who lived there last October pleaded no contest Monday in Penobscot County Superior Court to charges of gross sexual assault and burglary.

Derwin “Tiger” Springer Jr., 39, is expected to be sentenced later this month or in early November.

A no contest plea results in a conviction just as a guilty plea would, Justice John Nivison said in accepting Springer’s pleas.

Defense attorney Jeffrey Silverstein of Bangor said outside the courtroom that Springer entered the no contest pleas because he had “no recollection” of the events on Oct. 29, when the break-in and sexual assault took place.

Michael Roberts, deputy district attorney for Penobscot County, told the judge that DNA taken from the victim a few hours after the burglary and sexual assault matched Springer’s DNA.

Silverstein told reporters after the pleas were entered that the results of the state’s DNA test had been confirmed by an independent lab before he discussed the changes of plea with his client.

“This was a horrible incident,” Silverstein said outside the courtroom. “He’s been very cooperative. He voluntarily gave authorities a DNA sample. It came as much of a shock to him as it did to [the victim] that his DNA was a match.”

Silverstein said that Springer could not remember what happened that night because of his substance abuse issues.

Roberts outlined for the judge the evidence he would have presented had Springer sought a jury trial.

The victim was asleep in her bedroom in the early morning hours of Oct. 29, 2008, the prosecutor said. She was awakened when a man placed a gloved hand on her nose and mouth. She told investigators that she struggled with the man but was unable to breathe and lost consciousness.

When the woman came to, Roberts said, she had a pillowcase on her head, she was naked from the waist down and the man was attempting to rape her. She told him to stop at least three times, but the man did not speak to her.

After the sexual assault, the prosecutor said, the victim said she heard the basement door that leads to the outside close. She removed the pillowcase from her head, then tried to call the police but her phone did not work. The victim then drove to her son's home and called police.

The woman was taken by ambulance to Penobscot Valley Hospital in Lincoln and transferred to Eastern Maine Medical Center in Bangor, where evidence was obtained using a rape protocol kit, according to Roberts.

When investigators went to the woman’s home after interviewing her at EMMC, they found pry marks on exterior doors, including one in the basement, the prosecutor said. They also recovered a pillowcase with duct tape on it.

Springer was one of many residents of the small community interviewed by police, according to Roberts. He was one of several men who volunteered DNA samples.

The defendant faces up to 30 years in prison and a fine of up to $50,000 on the Class A gross sexual assault charge and up to 10 years in prison and a fine of up to $20,000 on the Class B burglary charge.

Roberts said after the plea changes that he most likely would recommend Springer be sentenced to 20 years in prison with all but 15 years suspended on the more serious charge.

Springer is being held without bail at the Penobscot County Jail.

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Comments
18 comments on this item
On 10/6/09 at 9:53 PM, whitnmeme wrote:         Repeated separate thumbs down will cause comment to be hidden

Bye Bye pervert

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On 10/6/09 at 11:33 PM, oceanmist wrote:         Repeated separate thumbs down will cause comment to be hidden

He doesn't remember.....WELL, THE VICTIM DOES!! I'd like to say some things, but I'd probably lose my priveledge to post on this site. I wish the victim well.

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On 10/7/09 at 5:01 AM, DEERDON wrote:         Repeated separate thumbs down will cause comment to be hidden

Another mouth to feed in the prison system! I say take him out,and I don,t mean to the woodshed.

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On 10/7/09 at 8:30 AM, dgermond wrote:         Repeated separate thumbs down will cause comment to be hidden

When you put a "gloved hand" over the victim's mouth...bring along duct tape, put a pillow case over the victim's head, and then stay silent during the assault, I'd say you knew exactly what you were doing when you "pryed" open the one door you were able to access. Doesn't remember what he did because of "substance abuse"..."surprised his DNA was a match"...give me a break!

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On 10/7/09 at 8:43 AM, pcme2000 wrote:         Repeated separate thumbs down will cause comment to be hidden

I have to totally agree with dgermond.

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On 10/7/09 at 9:26 AM, ataloss wrote:         Repeated separate thumbs down will cause comment to be hidden

he does remember.. he's lying

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On 10/7/09 at 9:57 AM, Tracey wrote:         Repeated separate thumbs down will cause comment to be hidden

He probably won't be wasting too much of our tax money in prison...I'm thinking he won't last long there.

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On 10/7/09 at 9:57 AM, debutante wrote:         Repeated separate thumbs down will cause comment to be hidden

This scumbag will suddenly "remember' when Bubba comes to visit him in prison in the middle of the night. Hope Bubba has a pillowcase and duct tape!!

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On 10/7/09 at 10:03 AM, nurse54 wrote:         Repeated separate thumbs down will cause comment to be hidden

I hope the judge disreguards the DA's sentence recommendation and gives this slime ball the full 30 years. His victim certainly wasn't given a break!

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On 10/7/09 at 10:19 AM, greencat wrote:         Repeated separate thumbs down will cause comment to be hidden

Sick- Sick- Sick- Can't remember is a cowards way of saying that they do not want to deal with the fact that they did it. My children used that excuse when they were 2 and got into trouble. "How did that lamp get broken?" "I do not know- can't remember." You do not have to answer the questions, if you cannot remember, right?

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On 10/7/09 at 10:38 AM, Louise wrote:         Repeated separate thumbs down will cause comment to be hidden

dgermond-----You are absolutely right! None of these perverts ever remember anything and are just "so surprised" that they have done anything bad. Good Lord, look at the guy. He looks like a crime just waiting to happen! Want to place bets if he gets a sentence at all it will be very small? After all, this nice man just dosen't remember!

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On 10/7/09 at 12:39 PM, Beatrix_Kiddo wrote:         Repeated separate thumbs down will cause comment to be hidden

I totally agree dgermond.

This was a deliberate, well thought out crime.

His *no contest* plea is a spineless attempt at lessening the impact this unspeakable act has had on the victim and her family. I pray the judge sees this for what it is...a man refusing accept any accountability and having zero remorse for the lifetime worth of damage he has caused. This is absolutely inexcusable. A fifteen year sentence would NOT be justice.

I pray the victim can find the strength and courage to move on from this.

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On 10/7/09 at 12:45 PM, Lemonbomber wrote:         Repeated separate thumbs down will cause comment to be hidden

wasnt that bill clintons defense and it worked for him? i would like to take this guy on a hunting trip next month. seems like he could use some quality time with a responsible role model.

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On 10/7/09 at 1:03 PM, carlshedderly wrote:         Repeated separate thumbs down will cause comment to be hidden

Nice mullett there,"Tiger".....

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On 10/7/09 at 1:18 PM, PaleShadows wrote:         Repeated separate thumbs down will cause comment to be hidden

We need harsher penalties for these types of crimes.

I dont buy his plea either. Of course he remembers.

Hopefully they'll give him a haircut in prison and get rid of that "Joe Dirt" mullet he's sporting.

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On 10/7/09 at 2:02 PM, Shotgunannie wrote:         Repeated separate thumbs down will cause comment to be hidden

Again,prison is too good for him.He's guilty and should not get 3 free meals a day. I have a gun just let me use it.

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On 10/7/09 at 8:23 PM, sandih wrote:         Repeated separate thumbs down will cause comment to be hidden

"Bubba's" just waiting for this one.

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On 10/8/09 at 5:41 AM, noreasternelly wrote:         Repeated separate thumbs down will cause comment to be hidden

and people are wondering why umo had a take back the night, a few days ago, BECAUSE OF THIS CHIT!!!! i hope he bends over everyday by a gang of 300 pounders, i hope it hurts.

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