March 18, 2010

Man accused in home invasion has no comment at hearing

BY BETTY ADAMS Staff Writer

AUGUSTA -- Leo R. Hylton, accused in a home invasion in May that left a father and daughter critically injured, appeared briefly in court on Tuesday to hear that the charges against him continue.

Hylton, 18, of Augusta, is charged with elevated aggravated assault in the May 27 break-in at the Guerrette family home in Pittston. During the crime, William Guerrette, 48, a former state legislator, and Nicole Guerrette, 10, suffered stab wounds.

Hylton was arrested two days after the home invasion and has yet to enter a plea. He is being held on that charge in lieu of $1 million bail, and on a separate charge of violating conditions of release on a theft charge in Augusta.

"We're not arguing bail at this time," Hylton's attorney, Rob Ruffner, told Justice Donald Marden during the hearing in Kennebec County Superior Court.

Ruffner said he expects the grand jury to sit this week and review the evidence in the case.

If Hylton is indicted, Ruffner said he would request an arraignment early next month.

Marden continued the case until Aug. 26.

Hylton had no comment during the hearing, and afterward conferred quietly with his attorney. Hylton wore a two-piece orange jail uniform and his hands and legs were shackled.

He has been held in Cumberland County jail and was returned to Kennebec County for the hearing.

"We're looking forward to the case proceeding," Ruffner said outside the courtroom. "We're glad to hear the family is improving."

Nicole Guerrette had recovered enough by June 12 to watch her fifth-grade promotion ceremony via computer video link.

William Guerrette remains hospitalized, and District Attorney Evert Fowle said he had no recent update on his condition.

All the documents in the home-invasion case are sealed by court order, and the Guerrette family has been unreachable by phone. Authorities have never confirmed which hospitals are treating William and Nicole Guerrette.

In the meantime, Hylton's roommate and foster brother, Daniel L. Fortune, 20, remains behind bars in Kennebec County jail, charged with stealing more than $111,000 in cash and historic currency from the Guerrette home on Nov. 17, 2007.

Affidavits filed with the court by Kennebec County sheriff's deputies say Fortune and others were guests at an unauthorized party hosted by Ryan Guerrette at his parents' home that night, and a safe containing the valuables was reported missing the following morning.

William Guerrette did some investigating on his own and told deputies he found his stolen safe in a closet in Fortune's Augusta apartment. He said Hylton allowed him to search.

Fortune also has been named by prosecutors as a "potential co-defendant" in the home-invasion case but has not been charged. Fortune's attorney, Pam Ames, has said she is aware of the possibility of those charges.

On Tuesday, Ryan Guerrette, 19, pleaded guilty in Augusta District Court to furnishing a place for minors to consume liquor and to criminal trespass in connection with the Nov. 17, 2007, party. Guerrette also pleaded guilty to possession of cocaine, a charge that stemmed from a motor-vehicle stop on Route 126 in West Gardiner on March 8.

Assistant District Attorney Steve Parker, who prosecuted the case, said Guerrette was placed on deferred disposition for 12 months, with conditions that he not use or possess alcohol or illegal drugs and submit to random search and testing.

He must also complete substance-abuse counseling to the satisfaction of the district attorney's office.

If Guerrette successfully complies with conditions of the deferred disposition, he will be allowed to withdraw the pleas and the charges will be dismissed, Parker said.

He represented himself in court Tuesday.

Betty Adams -- 621-5631

badams@centralmaine.com

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