ELLSWORTH, Maine — A local man accused of exposing himself to children has been deemed incompetent to stand trial for the time being and has been placed temporarily in the custody of the state Department of Health and Human Services, according to court documents.
Nicholas D. Pike, 19, has been in custody since his arrest on Sept. 24, the day after he allegedly engaged in lewd conduct in front of three boys in a public bathroom at the Bar Harbor YMCA. He has been charged with a Class C felony of visual sexual aggression against a child under the age of 12 as a result of the Sept. 23 incident.
In a Nov. 5 order, Justice Robert Murray indicated that Pike should be in DHHS custody for at least 30 days to see if therapy might help him become more competent to understand his legal situation. If more time is needed, Murray wrote, Pike can be held for an additional 60 or 180 days. Pike’s case could move forward at a later date.
Matthew Foster, Hancock County district attorney, declined on Monday to comment on Pike’s mental status.
In a motion to revoke Pike’s bail, which Foster filed in late September, the prosecutor indicated that three boys, each approximately 10 years old, had seen Pike crawl naked on the floor out from under a closed bathroom stall door at the Bar Harbor YMCA on Sept. 23. A short time later, Pike got dressed and went home but was identified by Y staff from “a warning flyer” about Pike that had been sent to staff at that facility from the YMCA in Ellsworth, the prosecutor wrote in the document.
Ellsworth police went to Pike’s home on Sept. 24, and after they questioned him, Pike admitted to the accusation and to engaging in similar behavior at the Bar Harbor Y on Sept. 21 and 22 as well, before he was reported.
Pike was on bail at the time after having been arrested in March for allegedly stealing a pair of boys’ underwear from Walmart in Ellsworth, according to Foster. Pike also is accused of sending one or more nude photos of himself to a boy over the age of 12 in Canada, according to the prosecutor.
Pike’s bail conditions prohibited him from being at any location primarily used by children under age 16, Bar Harbor police indicated in September.
Foster indicated in the motion to revoke bail that Pike had “fallen off the rails” after having adhered to “extremely restrictive bail conditions” for about six months.
“The defendant [represents] a serious public safety concern,” Foster wrote.
In a motion requesting a competency hearing that was filed in October by Pike’s defense attorney, Steve Juskewitch of Ellsworth, Juskewitch wrote that his client suffers from a “genetic abnormality” and other behavioral disorders. Pike has no prior criminal convictions, the defense attorney added.
“He is experiencing a great deal of distress as a result of his incarceration and his intellectual disabilities,” Juskewitch wrote.
Juskewitch said Monday that his client has never exhibited any signs of physical violence toward others and does not appear to have any malicious intent. Pike’s behavior represents a failure to understand the impact his actions have on other people, he said. Juskewitch added that it is natural for people to be alarmed by such abnormal behavior, especially when the victims are children.
“I think [the incompetency finding ] is the right ruling at this point,” the defense attorney said. “It’s not a predatory situation, which people should understand.”
Foster said Monday in an email that he and Juskewitch are trying to reach an agreement that will strike a balance among the various issues in the case.
“This office is working with defense counsel to come to a resolution that will keep the community safe while making every effort to get Mr. Pike the help he needs” to avoid similar repeat offenses, Foster wrote.
