Medway businessman awaiting trial placed under house arrest
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Medway businessman awaiting trial placed under house arrest


By Walter Griffin
BDN Staff
BANGOR DAILY NEWS PHOTO BY JOHN CLARKE RUSS
James Lee

BELFAST, Maine — Medway businessman James B. Lee has been placed under house arrest for violating bail while awaiting trial for manslaughter.

Lee, 44, who had been in jail since he was arrested on the charge three weeks ago after being seen behind the controls of a road grader, learned of his fate when he appeared Thursday before Justice Jeffrey Hjelm in Waldo County Superior Court.

At the time of his arrest, Lee had been free on $100,000 surety bail after being charged in the death of employee William Russell, 28, of Medway in a pickup truck crash that occurred on Sept. 22, 2008, in Monroe.

Two other passengers riding with Lee also were injured in the accident. William York, now 38 of Medway, suffered a broken back and Chad Brackett, now 31 and also of Medway, suffered cuts and bruises. Lee had a broken collarbone. Police reports indicated that Lee was traveling about 74 mph when his pickup left the road and rolled over. The speed limit on the section of Monroe Road is 45 mph.

Conditions of his bail prohibited Lee from operating motor vehicles or construction equipment.

Lee was arrested by East Millinocket police Friday, Oct. 16, after he was seen operating a road grader on Hathaway Road.

Justice Hjelm reached his decision after hearing testimony from the woman who reported that Lee had operated the grader that day and from Lee and members of his family who testified that it was his son who was behind the wheel.

Despite the conflicting testimony, Hjelm determined there was enough “probable cause” to find that Lee had violated his conditions of release.

Hjelm explained that probable cause was “one of the lowest levels of proof” that exists in the legal system and does not need to be proved beyond a reasonable doubt. Under Maine law probable cause is necessary to obtain a search or arrest warrant but is not considered proof of guilt.

Hjelm emphasized that if he had been asked to make is decision on a higher level of proof, “I’m not sure I could do that.”

Hjelm found that the testimony of witness Barbara Gayle Skipper suggested that Lee was behind the wheel of the grader. He also noted that both Lee, his brother Jeff Lee and his son Ryan Lee testified that Lee was riding in the grader when Skipper drove by.

“All agree he was in the grader,” Hjelm said.

Skipper testified that Lee was behind the controls of the grader when she went by and lifted his arm to shield his face from view when he saw her approach. Lee testified that his son was operating the grader and that he was standing to the left when Skipper drove past. He said his arm was raised because he was holding onto a “grab handle” to maintain his balance while his son graded the road.

Lee said he had been called to the job site because the grader’s computer system was causing problems. He said he was advising his son how to fix it when Skipper drove past.

When asked by Waldo County Deputy District Attorney Eric Walker if he operated the grader that day, Lee answered, “No.”

Whether he was actually driving or not, Justice Hjelm said he found it troubling that Lee would even consider putting himself in such a situation.

Hjelm noted Lee was aware that Jeff Lee and another Emory Lee & Sons employee had been stopped by police on more than one occasion after being mistaken for Lee while operating company trucks.

The knowledge that people in the close-knit, rural community had called the police after thinking other drivers were him should have been enough to convince Lee not to place himself in jeopardy.

“He put himself, at the very least, in a vulnerable position,” Hjelm said.

Although Walker requested that Hjelm revoke Lee’s bail and keep him in jail until his trial sometime next year, Hjelm placed him under house arrest.

Hjelm told Lee that the only time he could leave home would be for appearances in court, for meetings with his attorneys or for medical appointments. Hjelm advised Lee that he would have to present himself to police the moment they knocked on his door.

“If he is not there, he will have to show why he is not present,” Hjelm warned.

wgriffin@bangordailynews.net

338-9546

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Comments
43 comments on this item

Can't wait to see how he violates this house arrest! I am sure he will because laws and rules obviously only apply to you and I, NOT Jimmy Lee! He is above the law!

if he was a truck driver he would have been in prison by now

Tys mom: You seem to be quite involved in this case. I've read all of your negative postings. I have even read some postings from people like you in this apparent -busy bodied little town. I have to wonder do any of you have a functional life? Do you hold jobS ? You ALL have TOO much time on your hands. The Justice System will handle this. If you want to do something constructive.... how about consoling the families involved. How about having a benefit for the injured? DO SOMETHING CONSTRUCTIVE! Glad my town doesn't carry on in such a manner.

The citizens of the area have and will continue to do the very best that they can for Mr York and Mr Brackett. And the very best that we can do is catch that ***************************** driving again.

"Hjelm told Lee that the only time he could leave home would be for appearances in court, for meetings with his attorneys or for medical appointments. Hjelm advised Lee that he would have to present himself to police the moment they knocked on his door."

I sure hope that this interpretation by the writer ( Mr. Griffin ) just took for granted that Mr Lee was also told no driving to the doctors, lawyers, and court?

Oh wait... I forgot he wouldn't listen anyways!

Rest assured Mr Lee there will be no calls to LOCAL PD when we catch you driving again. State Police Orono and Waldo County Sheriff's Dept.

On the flip side... in jail and the taxpayers don't have to foot the bill - not bad!

anotherneighbor... If you read the article MR.LEES brothers and workers had been stoped by the police from busy bodies and town gossips ( LIKE YOU ) starting trouble where it don't have to be !! I think you have said enough over the last few weeks to gross out all familes involved in this. So why don't you crawl back in your welfare sewer where you come from and keep watching your serial killer movies in your fanasty world !!!

And by the way anotherneighbor, What the Hell is Waldo county going to do when he lives in Penobscot county !!!! I dont see them looking for him driving in Medway !!! DUHHH

laidback maybe if you weren't so stuck so far up the family tree you would read and comprehend that the Waldo County Courts are in charge of him NOT East Millinocket look the other ways! And the fact remains that a call was placed when He was seen driving off the Emory Lee lot in Millinocket. In his own vehicle. Driving home in fact. Which would lead one to believe he also drove to work that morning! Right? And the officer was given the call thru Penobscot Dispatch so there is record of this it isn't rumor!!! And the officer replied... " jimmy wouldn't do that" and never went and looked for him.

Wow... anotherneighbor !! just proves my point !!! I dont know where you come from but Emery is spelled Emery not Emory like bdn wrote it !! So I guess if you think you know so much about everything you should know im not related to the Lee's !! Seems to me that someone is giving you information that shoun't be giving out. Maybe your killing this case right now ? you never know ...I bet the lawyers are loveing your info. right now !!!!

emer

Whatever happened to a man is innocent until PROVEN guilty IN A COURT OF LAW not a public forum. I agree laidbackmainer, anotherneighbor doen't KNOW half as much as they would like anyone to believe and therefore is just being anothernoseyneighbor.

+1 This guy is a loser

laidbackmainer... I think you ought to change your handle there bud...

Loleve- Nope, hate to burst your bubble only as involved as much as BDN articles allow, and as far as my negative postings, you have read ALL 3 of them??? And they were not negative just stated that he does not follow rules and should be kept in jail until his trial... As far as "people like you" what's that supposed to mean?? (those are your words and they sound kind of negative!!) I am not even from anywhere near there, I am from the Bangor area if you must know, I have never meet them, don't want to meet them. Yes I do have a functional life just happen to have a day off (is that ok with you), So I guess that would also mean YES I have a job! The last thing why the hell would I want to console his family, when I could care less about him!!! Again never meet him just do not like him from what I have seen that he has done and read about him, remember, I have a right to an opinion. Now the families of the William Russell and William York I have consoled them in my very first post, apparently you did not read that one! I would have a benifit for them "if" I knew them or was from the area! You have great ideas why don't you take your own advice???? I am actually going to do something constructive later, but I thought I was allowed to read the paper and post my opinions on the articles once in a while, I am not on here ALL the time like alot of posters so why don't you take your anger out on someone else!!!!!

Lizalou- Sounds like it may be Jimmy doing the typing?? Well while you are sitting at home on house arrest, pick up a dictionary or figure out how to use spell check on your computer!!!!! Lots of typos!!!!

House arrest..... how many breaks does this guy get?

house arrest for violating bail? what kind of joke of a justice system is allowed? does house arrest include his garage? we all know what is kept there - yes folks he will be behind the wheel and we will be at risk as they find him in violation and then makes his garage off limits - this is ridiculus. but him in the can keep him in the can and then maximize his sentence and we can all feel a little safer. Besides he would be happier living with his fellow cons - he has so much in common with them.

sos.office@maine.gov

Keep him off the roads forever. Share your opinions where it matters most. Contact the Secretary of State.

sos.office@maine.gov

the time to think of your kids sir was before you endagered the lives of and apparently killed two other people. you ask for society at large to have more respect for your family than you do. priceless.

Time and Money Wasted on this FB! He killed someone and injured others! Now he is at home waiting trial. What is wrong with the Legal System No pain and suffering on his part. Always the innocent who end up with pain and suffering. Loser!!

"i was driving the picup not my famly so leav my kids and wife and famly alone my kids have to take s it for me"

Nobody has been blaming your family or kids or wife for the horrible tragedy that YOUR long time, well documented, habitual carelessness and disrespect for the law made inevitable. But when they try to publicly defend your actions or criticize other posters opinions about your crime, they've voluntarily entered the fray and should expect to be answered and criticized themselves. I actually feel very sorry for your family because they are also victims, but YOU and YOU alone are responsible for putting everyone, including your family through this ordeal. You obviously don't get that yet, but I suppose that's one of the reasons we have prisons and hopefully you will "get it" before your sentence ends or you ever get back on the road.

We all can see he has a bad driving record, Most Truck drivers and even people who only transport equipment to work sites fall in to the same catagory. I drove tractor trailer over the road for a few years and racked up a pretty good amount of speeding tickets my self. Time is Money! As far as the incedent years ago when he had some sort of construction accident I am un sure if he was at fault or if it was a terrible ACCIDENT! But I can assume that with this incident, he was working with these people and most likly was some sort of friend. I find it very troubling that so many people want to see him hang for this. True he was speeding........... But we all do. True he has a terrible driving record....... so does alot of people. But lets put our selves in his shoes for a moment. Do you really think he wanted to kill his worker? I mean if he wanted to get rid of him he could have layed him off right? So dont peg him as a beast or a murder, he is not that, he may not be the brightest crayon in the box but I dont think any of this was intentional. Accidents do happen. I would be more angry if he was drunk or on drugs at the time. Yes he messed up bad and its no ones fault but his and he needs to face the man for his actions, But Im very confident that he is not the Beast some want to make him out to be. Im sure he has alot of regret and sorrow for what happened. Will he pay for his foolish ways? yes Im sure he will. But I hope some one has enough since to sentance him fairly and not acording to public opinion. You all want to through rocks but remember it could be you next time. I feel bad for the guy who died and his friends and family, but you cant bring him back and even though all you can feel right now is pain and hatred, Just try to remain civil and try to be fair about what you say. Try to look at it from both sides, Dont let anger rule your choices. That just puts you in the same class as the driver who let stupidity rule his choices that day.

Ludwiggin, the trouble with your argument is that he didn't just let stupidity rule his choices that day, he did it pretty much every day, even after he was repeatedly warned to slow down. He was repeatedly warned to slow down by authorities not because they were bored or hated him, but because it's DANGEROUS to drive way too fast, especially on Maine's back roads, but he ignored all that and sure enough, somebody did get hurt. Yes, we all speed now and then, but not anywhere close to the degree where we get dozens of tickets like he did. I don't care if you're a trucker or in construction or if you're a lawyer, the SAME rules apply to you and you don't get a special waiver that allows you to speed and ignore other laws. I know many people who work in these fields that put way more miles on their vehicles than most of us and they have great driving records. One thing you're right about and that is accidents do happen, but they FREQUENTLY happen to people who habitually disregard laws that apply to us all and we all know that to be true.

On top of Old Smokey,

All covered with snow,

I lost my true lover,

For courting too slow.

For courting's a pleasure,

But parting is grief,

And a false-hearted lover,

Is worse than a thief.

Ludwiggin, I could not have said it better myself

Lizalou: You Said: "i was driving the picup not my famly so leav my kids and wife and famly alone my kids have to take s it for me"

I don't know, but it sounds like you are Mr. Lee, using a name I don't recognize. If so, let me take an opportunity to say that, while I'm very sorry about the position you're in right now, it doesn't deter from the fact that not only have you killed someone (someone for whom you were charged with their safety, as your employee, not only through negligence, but through personal, individual, culpable, palpable ignorance), but that you killed someone after many many years of getting away with being let off the hook, and being favored by chance and fortune.

You could have killed others that day, and it's only good luck that you didn't kill anyone else, my wife and I included. We live in Waldo County, and we live not far from where your manslaughter occured. I promise you, if you had done this to the one I love, you'd be spending the rest of your life looking over your shoulder. And in prison, you may still end up doing that, but for a completely different reason.

If you haven't learned your lesson by now, you never will.

Best of luck to you, Mr. Lee. I think you're going to need it. There's a special place for people like you. I will give you one piece of friendly advice, though, to make your life a little more comforting...don't drop the soap.

JIMMY LEE IS AN INNOCENT MAN!!! HE IS INNOCENT!!!! The only reason he is being prosecuted like this is because the District Attorney is upset and uncomfortable from acid reflux. Whitey Bulger was driving the vehicle in Monroe that fatefull night.

House arrest??? LMAO!!! That's reserved for multi billionaires.

at 5:18 PM, whaleback wrote: House arrest??? LMAO!!! That's reserved for multi billionaires.

That may well be the truth but i rather doubt it. It may be a way to keep him off the street, save the taxpayers some $$$ and it may well be the best compromise when a judge has to deal with idiots all day long and is not 100% sure that the fellow in question did indeed break his bail conditions. It seems to me to be a perfectly respectable decision and i applaud the judge. Lee is off the street but not incarcerated. Seems very reasonable.

Yeah, and he has the opportunity to sit here, and read all the messages "his public" have posted about him.

On 11/6/09 at 2:41 PM, irishproud wrote: Repeated separate thumbs down will cause comment to be hidden

JIMMY LEE IS AN INNOCENT MAN!!! HE IS INNOCENT!!!! The only reason he is being prosecuted like this is because the District Attorney is upset and uncomfortable from acid reflux. Whitey Bulger was driving the vehicle in Monroe that fatefull night.

ARE YOU FOR REAL?????????

Have faith ye that wish him in jail for 35 yrs. For I believe the trap hath been set. And the cudo's go to the judge.

My prediction - he probably won't be spending Thanksgiving at home and definetly by Christmas he's back in the " slammer " again!

Oh and whoever asked about the info on the call made and ignored by police. $99 bux + tax and a trip to Radio Shack folks!

Vote Yes on 1, oh yeah, we already did! Great Job

Jimmy, you appear to have said..."i was driving the picup not my famly so leav my kids and wife and famly alone my kids have to take s it for me"

If you had enough compassion for other people to begin with, you wouldn't have to worry about the hell ---> you <--- are putting your family through now.

I feel badly for your family, but not one ounce of sorrow for you. Shame on you.

To MAGINTHAT...There is no question of guilt....Only how he wants to be charged!! Vehiclular manslaugter or murder!! Either way, one man is dead and several others hurt, and in pain the rest of their lives. Not to mention the pain he has caused all the families including HIS OWN..He is the one that caused all this not the people making comments on here,. You and others blame some on here for their feelings about it, you don't know what he has put people through before with his violations, they DO! Fact: When you live in a close community and you watch someone destroy peoples lives then you tend to have alot of negatives thoughts towards that person.

Does anyone else besides me realize how the police did Mr. Lee a favor in not estimating the speed of the vehicle accident to be more than 74 miles per hour? One more mile per hour and Mr. Lee could have been charged with FELONY speeding in a 45 mile per hour zone. Yes, I am sure some people must realize this fact, including Mr. Lee and his lawyer. They must.

I don't KNOW that the deliberately estimated his speed to be 74, instead of 75, but the thought had crossed my mind that one more mile-per-hour, and it was a felony charge...

It was no "accident." It was an inevitability.

Anyone remember that accident on I-95 in Hampden a few years ago, where a women, driving a rented SUV from Portland was high-tailing it up I-95 with a friend and SEVEN kids in the vehicle, and all were killed when she tried to pass in the break-down lane, doing an estimated 103mph? Jimmy, you're actions were just as reckless. The driver of that vehicle got off easy...she died. She doesn't have to live the rest of her life knowing she ruined so many other people. You do. A more fitting tribute to your obvious self-largess, I would say.

to DavidReed, The crash you refer to was 7 killed including 4 children and the speed was 90 mph. I happen to be a friend of the woman who was driving that SUV. She was a crazy driver and hardly anyone who knew her would have riden in her car. Also note she was under SUSPENSION at the time of that crash, due to another crash she was involved in a few years before.

Investigators can get speeds from computer chips in vehicles after a crash.

We need to have stricter laws to keep repeat offenders of the roads. Contact our Secretary of State and voice your opinions of this case.

Good Morning ByStander.

Ah, it's been a few years. I believe I remember in particular was that the paper at the time reported that the estimated speed at the time of the accident was 103mph. Either way, I guess it doesn't matter to much. The SUV was a rental, too, is that right? (ie, not a vehicle the driver was even familiar with). I do remember that the driver was also driving under suspension, didn't someone else have to actually rent the SUV?

Either way, it was a bad crash. If you look back at the Editorial comments from when that crash happened, you'd find that I wrote a Letter to the Editor when that crash happened, saying the same thing...that it wasn't a tragic accident, but in inevitability. I think it's the same thing here with Mr. Lee. If we don't learn our lessons, eventually the bill comes due, you know?

AnotherNeighbor: I'm aware of the incident with the worker...I say incident, because I don't think the term "accident" does it justice, but obviously law enforcement at the time didn't feel it was prosecutable.

I don't know if he'll drive again while he's out on bail or not, but, he should know, if he doesn't by now, that people are watching his every move...and not just the law enforcement either...

was there a reason for Mr. Lee to be driving so erraticly??? The sad part of the story is lizalou is the one that shoud be held accountable for what happen.

people need to lay off him.. you all act like he purposely killed an innocent man, a son, a brother, but most important, a father. give the guy a friggin break. im sure he still beats himself up over this everyday & all of you probably make him feel worse. put yourself in his shoes.. maybe youd think a little more different about this whole subject

I can't believe people are STILL commenting on this article!

caitlin05 purposely or not he killed an innocent man, a son, a brother and most importantly a father!!!

He also very seriously injured another innocent man, a son, a brother and most importantly a father!!!!

Why is that so hard for people to understand? He didn't run over someones dog or kill a cat. It could very well have been himself that he killed that night!! Sadly his actions did cause a death and it was a young man who left his young children with no father.

The law is pretty clear and it's his own actions NOT those of the VICTIMS that have him in the place he is today!!! Still trying to figure out where all the anger towards the victims families and their supporters comes from! THEY were the VICTIMS of HIS crime that night.

Jimmy's children are going through hell, I'm sure! So are the children of the victims....I can't imagine having to explain that daddy's not coming home to those babies of Williams. I feel for the children on all sides of this...they are just as innocent as the passengers of that truck were.

See that is the other thing caitlin05 I don't know what 'think a little more different about the while subject' is. I wish I could understand what you are getting at here. I am sure he doesn't want to go to jail! Totally understandable. Kinda like a kid doesn't want to be grounded or sat in a corner? As far as anything else...I really don't see the 'other' side or maybe there is some hidden evidence I haven't be privy to but the accident report speaks for itself I guess. Call me crazy, dense or stupid but what am I and others on here, that feel for the victims of this crime and feel he needs to pay for his actions through the legal system, missing?

Anyone else notice how there were 47 comments after Lisa Lee attacked a commentator for saying that no one is to blame here for the crash except for Lizalou? Well, Jimmy Lee himself commented under Lisa's name saying

{{On 11/6/09 at 7:22 AM, lizalou wrote: Repeated separate thumbs down will cause comment to be hidden

"i was driving the picup not my famly so leav my kids and wife and famly alone my kids have to take s it for me"

Report abuse }}

and I think there was a miscommunication about what was meant, Lisa Lee reacted, without thought and attacked the poster by telling them

{{On 11/12/09 at 6:49 AM, lizalou wrote: Repeated separate thumbs down will cause comment to be hidden

"Stop talking s--t about something you know nothing about , walk in my shoes sweetheart before ya judge me.I had no control over his driving or his driving record, why dont you get the balls and come see me so i will know who you are instead of hiding behind this news paper.and leave me and my kids alone..I hope and pray that none of you ignorant and heartless people ever have to face all the crap that i have had to face these past few years, but i will continue to hold my head up high and all you people that have nothing better to do with your lifes, find something its much better than sticking you nosie face in other peoples business specially when ya to afraid to leave you true name and at least have the balls to be confronted back..It would be nice to know who your true friends are................lisa"

Report abuse}},

now there are only 41 comments here...

As Thanksgiving approaches I just have to say that I for one, am very thankful for screen shot. =) Lisa, your comment may be out of sight for now, but it certainly is not "gone" nor will it be "forgotten". Why didn't you simply just have some compassion and respect & say to them "I was confused earlier when I spoke and for that I apoligize." Why was there a need to have it removed altogether from public view? Let's cover it up, let's act like it didn't happen & it will all just go away. {{SOUNDS SO FAMILIAR TO ME}} If someone doesn't agree with your way of thinking or your way of handing things, well let's just attack them. You, your husband, your family & your group of friends have tried to make the victims & their families feel like your problems are far more superior then what the victims deal with, since this crash and for that and that alone you should all feel ashamed of yourselves.

Jimmy will be in jail, not dead in a cold, dark, lonely grave. Jimmy will be able walk around in jail with the ability to hold his head up high, not shorter, hunched over walking with aid in excrutiating pain. A responsible, honest and hard-working man was killed and another man alike was critically injured that night, forever. Do I have the story incorrect?? {They were on their ride home from WORK in Belfast that night with Jimmy Lee!!} Call me crazy, but they had a JOB, so attacking the men in that truck that Jimmy nearly killed and did kill that night for not being able to work today, nice people!

Jimmy you didn't appear to even try to look at Bill in the news clips when he was speaking to you in court, why is that? I have to wonder if it is because everytime you look at Bill, you hear his screams, wails and cries for help that I am told went on for at least a couple of hours as they tried to get him free from that death trap. He was crushed and yet I am told that he tried to comfort William Russell, not knowing that he was dead. You will have to live with what you did that night & I pray for you. I know what you saw had to be horrific and surreal but remember that it was real and there is no escape for the many victims you created. You know what you did to those men in that truck that night, may God lead you to a better life. Your family and your vicitims deserve more than what you are giving them now. Make this negative into a positive and change your family's lives for the better and I bet that even the victims and their families could smile again.

A going away party for Jimmy at Peggy's Bar & Grill before your "plea bargain acceptance"... Jimmy if you are so worried about what is being said to your kids than perhaps you should set a better example of how to take responsibility. You should man up and end this for all the victims. You should also help Lisa instead of being the first one to criticize & mock her. {Scanners are a dime a dozen around here} You should try to be a more productive member of Medway instead of letting others point a finger at Lisa, Chad, William & Bill, the men you were responsible to transport home safely that night. Next learn to be an involved Dad and realize that time, not money is what your kids will always remember about you. Also you should tell your children to stop saying things like "MY DADDY IS COMING HOME, and to those of you who don't like it TOUGH SH!T!!!"... I wonder where they hear that kind of talk , must be from the adults around them... Hug them and love them Justice Hjelm gave you & your family a terrific gift. You get to be with your children and your wife, taxpayers don't have to pay the bill and if you choose to keep wallowing in the bottle well, we all know you can't leave the house to buy the booze, now can ya??

I am praying for all involved in this horrible crash, it was not an accident...

if you would notice the difference in the writing you would know which one is typing.i do have compasion for all involved and the whole think makes me sick, wish i could change things but i can't just have to learn to go on and be here for the ones that need me right now.Have no problem with the way the victims feel they have all the right in the world. but i hate the fact that my kids and i are in this mess also. Just wish that other people that need to vent on this subject would go else where and not make nasty comments towards us or the other familys we are all going through a difficult time and it needs to stop.,,,,,,,,,,,,you seem to think that everything we do is wrong so tell me what is the right thing to do to get through this nightmare...........Lisa

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