NEWBURYPORT – Although he was offered the lowest form of probation for a disorderly conduct charge stemming from an incident in May that forced West Newbury police to draw their weapons, a Stoneham man turned it down.
Brian Boike, 39, of Fallon Road was in Newburyport District Court on Wednesday as his attorney, Hugh Ferguson, asked Judge Peter Doyle to dismiss the charge.
But that request was momentarily tabled when Essex County prosecutor Shailagh Kennedy told Doyle she would be willing to settle the case if Boike agreed to have the charge generally continued for three months. A general continuance is considered the lowest form of probation and means that if Boike remained out of trouble with the law for three months, the charge would be dropped.
For a moment it appeared Boike would accept the deal, but he changed his mind at the last minute. That prompted Doyle to schedule a motion-to-dismiss hearing for March 23.
In December, Ferguson asked Judge James Lamothe to dismiss the charge but Lamonte quickly denied it.
At the December court appearance, Ferguson and the same prosecutor were in the midst of a plea deal with Ferguson asking the charge be continued without a finding for a year. The state was seeking a guilty finding and a $150 fine, the maximum penalty for a first disorderly conduct offense.
Ferguson told Lamothe his client was psychotic at the time of the incident and was hoping to avoid having a third guilty finding on his record.
Police received word on May 9 about 11 a.m. that a man with a gun was outside a Church Street home and making suicidal statements while taking off his clothes, according to a police report. By the time police arrived, Boike was wearing only pants.
“While walking toward (an officer), he yelled ‘shoot me’ numerous times and made several suicidal statements begging and pleading with us to shoot him,” Officer Danielle Burrill wrote in her report, adding that officers had drawn their guns.
Burrill said Boike, who was unarmed, then removed his pants and made several more “explicit statements.” He surrendered peacefully after officers ordered him to the ground. He was then taken to Anna Jaques Hospital and committed for a period before his release.
Officers spoke to the homeowner, who told them Boike was a former state trooper who had been fired after only one day on the job. She also said Boike knew her family through his father, and that a recent death in her family likely triggered Boike’s actions.
Staff writer Dave Rogers can be reached by email at firstname.lastname@example.org. Follow him on Twitter: @drogers41008.