ELLSWORTH, Maine — A Deer Isle woman charged with manslaughter confessed to running over her boyfriend less than an hour before he died of his injuries, according to police.
Kimberly Phelan, 29, had nearly twice the legal limit of alcohol in her system and had smoked marijuana before the accident that killed her boyfriend, according to an affidavit filed in Hancock County Superior Court.
Phelan is accused of running over and killing Andrew Ray, 31, of Deer Isle around 4:30 a.m. Sept. 15. She was arrested Thursday, Nov. 29, on charges of manslaughter, criminal aggravated operating under the influence and reckless conduct.
Phelan made her first appearance in court Friday afternoon at a bail hearing and subsequently was freed on a $25,000 surety bond.
Moments after the accident, several calls were made to 911 to report the injured Ray, Hancock County Sheriff’s Office Detective Alan Brown said in an interview Friday.
The affidavit, filed by Brown, states that Phelan called police after an ambulance had come to retrieve Ray from the scene of the accident on Water Street in Blue Hill. She had since left the scene, but was told to pull over and wait for an officer.
Deputy Robert Morang found Phelan on the side of the road in Sedgwick about 5:15 a.m. According to the affidavit, Phelan told Morang that she and her boyfriend, Andrew Ray, had been out drinking in Ellsworth and were on their way home to Deer Isle when they stopped at the Blue Hill Town Park to smoke marijuana early in the morning of Sept. 15.
While the two were at the park, they got into an argument and she drove off in her Pontiac Aztek, Brown wrote. A short time later, she came back to pick up Ray, and the two resumed fighting.
Phelan told Morang that “during that argument, Andrew Ray punched in the passenger side window and she decided to move away from him with the vehicle,” according to Brown’s affidavit. “While doing this, Kimberly Phelan ran over him with at least the front tires of the vehicle.”
Phelan also told Morang that when EMTs came to retrieve her boyfriend, Ray was “lying there on the ground moaning with blood on his face and side,” according to the affidavit.
Ray was pronounced dead shortly before 6 a.m. Sept. 15, just an hour and half after the fatal accident. A blood test administered to Phelan that morning revealed a blood-alcohol content of 0.15 percent, nearly twice the legal limit.
Manslaughter is a Class A crime punishable by up to 30 years in prison and a fine of $50,000.
Follow Mario Moretto on Twitter at @riocarmine.
Obviously it was HIS fault. The poor woman must have been absolutely traumatized. I bet she’ll need years of counseling.
Well Hoss, I wouldn’t be too quick to place blame, but you’re probably on the right road. Manslaughter seems like it’s a light charge in this case to me.
I’m talking about what the “Final, Official, Findings” will be. I’m sure she will end up in a mansion on the coast, with a large live-in staff, and constant monitoring for emotional issues, all paid for by the taxpayers.
With her previous record shes going away for a while…
Yes Hoss, she was a ‘victim’
there’s a ‘war on women’ going on….don’t-cha know?
She’s a victim, for sure. She ran him over in self defense.
“Because breaking up is hard to doo–oooo”
Doesn’t Walter White drive an Aztek?
if I was in an argument with someone, and they punched my passenger window out, I think my first reaction would be to try to drive away. Where she went wrong, was 1. being behind the wheel drunk and 2. driving away after running him over.
If it were an accident, there may have been no charges…however, she was drunk AND stoned.
If someone broke out my side window and I felt in danger, I’d run them over in a heart beat., twice
What is wrong with all of you!?!?! There is family that see this publicized criticism! Before you all make assumptions and make comments be sure ALL the facts of this case are presented. There is clearly a lot of information that is being with-held from this article.
I’m just happy she didn’t kill an innocent person that night.
She did!!!!
He was not an innocent man, at all.
Did you even know Andy???
Did YOU know Drew?
Yes.
No, I did not but he was not an innocent person.
Wow, some people are pretty quick to judge…I used to be close friends with Kim and knew Andy as well…he didnt deserve anything that happened to him. He may have punched out her window but in reality he has never assaulted anyone….kim on the other hand has had drug charges, multipal OUIs to the point that she lost her licence for several years and has at least 2 if not more assaults on her record from an ex, the most recent one being about a year ago. She deserves whats coming to her.
Story isn’t adding up…He’s at the passenger side window…Punches it (every Pontiac Aztek out there should be punched, by the way)…She says she goes to drive off…If she hit him then, she would have been going about 5 miles an hour and at a tough angle to run him over…No way lady…That’s not how this went down…Someone call “Quincy”
Call Quincy back. tell him to stay home. this is what happened: two knuckleheads went out drinking driving and smoking dope; one got run over, the other was still 2x more wasted than the legal limit hours later. whatever story she told the cops is full of inaccuracies and distorted memory.
we’ll never know exactly what happened but i think the cause of the whole incident is massive, epic stupidity on the part of everyone involved.
the fact someone died is absolutely nothing more than the natural conclusion you could expect when you start to add up the stupid dangerous stuff these two were doing that night. especially when you consider that this was probably not their first rodeo…
You are absolutely correct we will never know what exactly happened because 1. Only 2 people really know and 1 is dead. 2. Even if he lived they were both drunk and stoned so would not be very reliable.
WHEN WILL PEOPLE LEARN, WAKE UP, GET A CLUE: DRINKING AND DRIVING IS NOT ONLY ILLEGAL BUT DEADLY!!!!
I’m sorry I know that people can drink responsibly but I just think there are too many people out there that are young, stupid, impressionable and irresponsible when they drink. How many domestic violence incidents, oui’s, deaths is it going to take??? Believe me I’ve been there and but for the grace of GOD I have not had a drink in many, many years because I couldn’t be responsible when I drank.
Hopefully this can be a reminder or wake-up call for someone. God Bless the family of this young man and young woman.
I’nt she preeetty….you scumbag deserve the most amount of time in jail……..
driving home @ 4 a.m. with the female your bodily fluid exchange program is currently hosting….who is flat out wasted…and has a track record of stupidity while under the influence…..when you decide to stop and “catch a fire, Mon”
Brilliant… what could go wrong with any of that plan? more’n likely Mr.Ray didn’t “deserve” to get killed but i’m guessing he and his crew have been acting stupidly like this and taking these same chances for years.
it really sucks when the consequences of your actions catch up to you, but that sure as hell doesn’t make you a “victim” of anything but your own bad choices.
You absolutely hit the nail on the head with both of your comments!!
She tried to drive away to protect herself, and gets charged with manslaughter. Too bad for her she wasn’t a cop, she would have been justified in shooting his face off.