Ex-Dracut Cop Accused of Property Destruction
Attorney Michael Najjar, representing 57-year-old Gerard Dauphinais, filed a motion in Lowell District Court asking to dismiss the case or remand it for a clerk’s hearing, but Judge Allen Jarasitis continued the case until Feb. 24.
In his motion, Najjar says two other men, not his client, were in the driveway of a Hillcrest Road home owned by Philip Cote of Dracut on Dec. 8. According to Najjar, James Desmarais, who lives nearby on Lakeshore Drive, recently submitted a written statement to police saying that he threw the log and Dauphinais was not present. A second man, identified as Kevin Lamarre, was also at the scene, according to Najjar’s motion. Lamarre was trying to get Desmarais to leave.
Police arrested Dauphinais in December for allegedly throwing a piece of firewood through Cote’s window. He is charged with three counts of malicious destruction of property and three counts of assault with a dangerous weapon. Dauphinais retired from the force several years ago.
Cote ’s 17-year-old son, whose name is also Philip, told police at the time that two men were in the driveway, standing near a white Cadillac. He said another vehicle was parked on the street. Cote identified the man that was yelling and banging on the door of the house as Dauphinais. He said Dauphinais then picked up a log and threw it through the window. The second man was trying to pull the first man away from the scene, Cote said.
The second man was identified in court records as Desmarais. Najjar contends it was Desmarais, not Dauphinais, who threw the log. He insists his client was never at the scene. The filed motion states that because of the subsequent information, there is no probable cause supporting the complaint.
“Clearly, no reasonable jury could find (Dauphinais) guilty,†Najjar wrote.
Dauphinais sat in court with family members while his lawyer tried to secure a clerk’s hearing date of Feb. 10. Najjar was told that the matter could not be heard until Feb. 24.
“I was hoping to get it heard a little sooner,†Najjar said afterward. “But we have to work within the confines of the process, and I recognize that.â€
Cote was also present with his family and his lawyer.
Desmarais could not be reached for comment. Repeated calls to Dracut Detective Sgt. David Chartrand to see if charges are being brought against Desmarais, were not answered.