Longtime Edgartown shellfish constable Paul Bagnall has been charged with defacing property after damaging a neighbor’s lawn with his vehicle.
According to an Edgartown police report filed in court, the incident occurred on the morning of Oct. 20, when Mr. Bagnall, 65, drove his truck across his neighbor’s property, damaging the grass. The police report, which was written by officer Curtis Chandler, states that the incident was captured on video.
Mr. Bagnall, who has served as the Edgartown shellfish constable for 36 years, was originally scheduled for arraignment on Nov. 27. The arraignment was not held after Edgartown district court clerk Liza Williamson granted a motion from Mr. Bagnall for a clerk magistrate’s hearing to determine probable cause.
Mr. Bagnall is represented by Edgartown attorney Martin (Skip) Tomassian.
The hearing was held on Wednesday, Dec. 9 over Zoom, with Mr. Bagnall, Ms. Williamson and Mr. Tomassian present. According to a summary of findings provided to the Gazette, Ms. Williamson determined that there was probable cause to charge Mr. Bagnall with defacing property and issue a criminal complaint after the hearing.
A date for Mr. Bagnall’s arraignment has not yet been set, Ms. Williamson said in an email to the Gazette.
Edgartown town administrator James Hagerty declined to comment, saying he could not speak on personnel matters. A phone call to Mr. Bagnall Wednesday afternoon was not answered.
According to the summary of findings issued Wednesday, Mr. Bagnall and his neighbor have had a longstanding property grievance, leading to previous disputes and approximately $800 in similar damage. The findings state that the neighbor installed a video camera on the property after previous incidents.
On Oct. 20, according to the findings and the police report, Mr. Bagnall went to the neighbor’s property and yelled at construction workers until he was asked to leave. A video camera subsequently filmed his truck spinning its wheels and “marring” the grass, the findings state.
“There is probable cause to believe that the defendant’s act was purposeful and that he was indifferent to or disregarded probable consequences that would result in damage to the property,” the findings state.
Defacing property is a misdemeanor charge according to state General Laws, punishable by fines or up a maximum of two years in a house of correction.
Mr. Bagnall, who has spearheaded efforts to preserve declining scalloping grounds across the town, was named officer of the year by the Massachusetts Shellfish Officers Association in 2007.
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