New Braintree, MA Once again domestic violence has resulted in
deadly force being used to stop one man from killing his intimate partner and
the child they have together. This man
paid no attention to the court ordered protection order that was in place
bringing lethal force to bear upon his family.
Only this time, it is he who died in the violent final act before he
could finish what he had come to do. Police were ready for violence and met force
with appropriate force resulting in death.
The surviving victims are fortunate for the action of the brave and courageous
officers on duty in Calais, Maine on this night or they may have lost their
lives in a murder-suicide - now all too common in northern, Maine.
The details of this Calais,
ME case of domestic violence are being carefully guarded. It is known that Daniel Phinney, 26 was out
on bail after being arrested and charged with domestic violence and criminal
threatening in May 2013. At that point
he must have both physically assaulted his significant other and threatened to
kill or maim his family resulting in the charge of criminal threatening. Police are quick to say that Phinney had no
prior criminal history perhaps in an effort to circumvent the obvious outrage
evoked by the system of bail in Maine that releases violent abusers over and
over again. Had anyone made an effort to
determine the degree of risk posed by Daniel Phinney prior to his release? Had anyone registered safety concerns based
on the defendant’s behavior and history?
Had they undertaken a psychological assessment of Phinney that may have
provided important details about his impulse control, substance use, and proclivity
toward violence? These details may
become more apparent in the coming days.
The case is reminiscent
of the 2011 Steven Lake homicide in Dexter.
Lake had twice been released on bail before murdering his family. The medical autopsy concluded that “in spite
of psychological counseling (the state) failed to appreciate the degree of
anger and violence in Steven Lake”. He
had also been charged with criminal threatening after holding his family at
gunpoint as he drove home the point about how much he loved them but he could
not let Amy move on.
I was a member of a team
that conducted a psychological autopsy on Lake that resulted in over 50
recommendations to the esteemed Maine Attorney General’s Homicide Review panel
in November 2012. At first glance what
is clear is brash indifference toward the court protection order and the
availability of firearms to the defendant.
It is now important to study the case of Daniel Phinney and learn from
the many red flags he waved in the weeks prior to his death. These events can be stopping and containments
points in future cases of domestic violence and domestic violence homicide. No family should be kept in fear by a spouse
whose loathsome behavior derails all human spirit and sense of dignity.
