Bernier: Stalking incidents were when he was voting

Michael Bernier (Courtesy photo)

MILTON – The former selectman candidate who was charged with stalking a Milton Police officer twice on the afternoon of March 11, said both incidents occurred at the Emma Ramsey Center when he was casting his vote on Election Day.

Michael Bernier, 48, of Felker Drive, who garnered 30 percent of the vote in elections last month, was arrested on the complaints on Tuesday as he entered Rochester District Court for what he thought was a hearing on a criminal threatening case from Jan. 1. When he entered the lobby, however, he was detained and told that a Milton officer was en route to serve him with the complaints and that he was under arrest for the new charges.

The criminal threatening case, plus two other charges stemming from a Feb. 2 neighborhood dispute were all continued until next month. Instead he was arraigned on the new charges and bailed on $2,000 personal recognizance.

Milton Police Cpl. Andrew Magargee

Bernier told The Lebanon Voice on Thursday that when he arrived to vote at the Emma Ramsey Center last month he saw a long line of folks, including candidates, just outside the entrance to the voting polls. He said he shook hands with his opponent, Selectmen Chairman Tom Gray, then went to shake hands with Cpl. Andrew Magargee, the police officer he is accused of stalking. Bernier said Magargee drew his hand back after which words were briefly exchanged, after which he went in to vote.

When he left the center after casting his ballot, Magargee was still in the same place just outside the building and the two again exchanged words briefly, Bernier said.

Bernier’s two stalking incidents were noted by prosecutors as having occurred at 2:30 p.m. and 2:46 p.m. at the Emma Ramsey Center.

Milton Police Chief Richard Krauss has said that Magargee was in street clothes on Election Day.

Bernier said he doesn’t remember what Magargee was wearing, but questioned why the corporal was in the receiving line as he wasn’t a candidate. He said it amounted to “voter intimidation” because they both knew Bernier was supposed to have no contact with Magargee and Magargee should have known that Bernier would be voting as he was a candidate.

Moreover, he said, Magargee should have known that Bernier would be exiting the polls as he came in, past the receiving line.

Krauss said the Milton Police would have no comment since it is part of an unresolved case.

On Friday there was no affidavit of arrest report on the stalking charges on file yet at Rochester District Court.

Gray was not immediately available for comment.

In earlier bail conditions in connection with the Feb. 2 arrest Bernier was prohibited from having any contact with Magargee except on official police business. After his arrest on disorderly conduct following the neighbor dispute Bernier allegedly threatened Magargee in the cruiser and later as he was being booked at the Strafford County House of Corrections.

Bernier said on Thursday that Magargee while in the cruiser had made a disparaging remark regarding his run for selectman, to which he reacted.

Bernier faces a year in jail if convicted in the Jan. 1 incident in which he allegedly criminally threatened a family member.