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Prosecutor, defense spar over who was 'aggressor' in McDonald's drive-thru assault

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Robert Gorham listens during testimony on the first day of his juiry tiial on riot and assault charges at Strafford County Superior Court in Dover. (Rochester Voice photo)

DOVER - The trial of a Rochester man accused in an assault at the Dover McDonald's drive-thru last year began on Tuesday with the public getting its first glimpse into the defendant's claim that the alleged victims in the case were also aggressors.

Robert C. Gorham, 33, of 809 Salmon Falls Road, is on trial on felony charges of riot and assault that carry up to a 15-year prison term.

Two others from Rochester charged in that attack, Champion J. Sprague, 25, of 18 Stillwater Circle and Megan L. O'Neill, 27, of Spruce Street, pleaded guilty to all charges earlier this spring and were given suspended sentences.

In opening arguments Deputy County Attorney Tim Sullivan told the jury that the victims in the case, a young man from Berwick, his mother and stepdad had gone to the Central Avenue McDonald's after the son had picked them up at the C&J bus station. The couple was returning to their area home after a bus ride from Logan International Airport and a 17-hour flight from Hong Kong.

The three accused in the case were also at the fast-food eatery around 11:30 p.m. on March 10, 2018, to grab a late bit to eat after spending at least a portion of the night at Castaways Bar on Cocheco Street.

Both Sullivan and defense counsel Kimberly A. Schoen seemed to agree on the basic premise of how and where the melee began, that both parties' vehicles were side by side at the McDonald's dual drive-thru ordering kiosk and that Gorham, O'Neill and Sprague's car cut in the path of the victims' car in front of the pickup window.

The 20-year-old son of the couple returning from Hong Kong, a construction worker from Berwick, testified that after they pulled in front of him he yelled at the car saying they were going to get their order cause they were out of line.

After a brief, confrontational back and forth between the two cars, the son identified Gorham as saying to the Berwick man's mom, "Hey, bitch, show us your tits."

"I told him to grow up, I don't need to hear that stuff, that's my mom," the young man said under questioning from Sullivan.

The witness then said Gorham yelled, "Do I need to come and bitch slap you?" and got out of his vehicle and began moving swiftly toward their truck, which was hemmed in by other vehicles, he testified.

The violent encounter that ensued took about a minute, all the parties agree.

The son said as Gorham went to take a haymaker swing with his left hand, he swung high and missed. The son said he then pushed Gorham into their car and threw him to the ground. He said he punched Gorham once or twice and then noticed his mom, who had come to help him and had fallen beside Gorham, who is 6-foot-2 and about 220. The son testified Gorham, who was then being partially restrained by him, reached up and grabbed his mother's neck and began strangling her, so he hit Gorham again and put him in a headlock.

By now, the woman's husband had gotten out to help and was struck in the head by Sprague.

As quickly as the melee had begun, it ended and Gorham, Sprague and O'Neill left the restaurant as the victims called 911.

Shoen, meanwhile, drew a stark contrast of what happened in that short, violent timeframe.

"First, they were all idiots," she said in her opening statements, "but my client was not the aggressor. The police picked the aggressors and the victims in this case."

During her cross-examination of the son, she painted him as the aggressor, "spoiling for a fight."

Shoen submitted evidentiary pictures showing Gorham in a "pool of blood" from where she said he'd been struck repeatedly in the head by the son.

Shoen also brought out police interview transcripts that showed the son referencing his blows to Gorham by saying, "It probably wasn't the right thing to do but I couldn't help myself."

Shoen also referenced a remark by the stepdad who she claimed said as the confrontation escalated prior to fists flying, "Let (son's name) take care of it."

The remark drew an immediate objection from Sullivan, which was sustained by Judge Mark E. Howard who then instructed the jury to disregard Shoen's comment.

The trial resumes today around 10 a.m.

Meanwhile, Gorham, himself, took to The Rochester Voice Facebook page to assert his reasoning for not taking a plea deal.

"I took it to trial because I'm innocent," he posted on Tuesday.

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