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'Key was in his chest with other keys dangling'

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A Strafford County prosecutor shows Barrington Police Officer Gary Homiak a rubber-tipped car key asking if it is similar to the one found impaled on the victim in a Barrington fracas last month. Public defender Terrence Mangan is at left. (Lebanon Voice/

ROCHESTER - A Barrington man's probable cause hearing in connection with two first degree assaults involving a set of car keys was tossed on Wednesday after testimony in Rochester District Court showed that the defendant hadn't "stabbed" the victim, but had simply thrown the keys at him, and one had lodged in his sternum.

Michael Ghustie, 31, of 193 Long Shore Drive, in Barrington, admitted to throwing the keys, but never intentionally sought to injure the victim, and never sought to use them as a dangerous weapon, said his public defender, Terrence Mangan.

The initial criminal complaint from Barrington Police said Ghustie had stabbed the victim during a night of drinking at their Barrington home after Ghustie refused to go to his trailer and go to bed.

He was charged with two counts of felony assault, one for using a deadly weapon, the keys; and one for reckless conduct intentionally trying to injure another. Ghustie had been facing a possible 30 years in prison if convicted on both Class A felony counts.

Michael Ghustie looks on during his probable cause hearing in Rochester District Court.

The incident arose on June 27, a Saturday, as Ghustie, his stepdad and a friend got into an argument while drinking about Ghustie not going to bed. Police responded to the scene and after conversing with the three, warned them to stop fighting, or face being taken into custody.

Police left but after some time were called back to the residence for a reported stabbing.

Barrington Police Officer Gary Homiak testified in court on Wednesday that when he arrived he entered the trailer where Ghustie was sleeping in the bedroom of the trailer.

He said he then went to check on the victim and found a rubber-tipped car key imbedded in his upper chest.

"The key was in his chest with the other keys dangling. It was all the way up to the rubber," he told the case prosecutor.

Under cross-examination, Mangan asked Homiak if the victim appeared to be in pain.

"He was a little upset," Homiak replied.

"Was he screaming?" Mangan asked.

"No," Homiak said.

The victim, meanwhile, was transported to Frisbie Memorial Hospital with the key still imbedded in his sternum, and later transferred to Portsmouth Regional Hospital for surgery to remove the key.

In his closing argument, Mangan said his client admitted throwing the key ring, but hadn't sought to cause injury and certainly hadn't stabbed him.

He also added the injury wasn't serious.

The prosecutor indicated that he was seeking medical records regarding the victim's injuries, but didn't have them back yet.

Then you don't have evidence it was a serious injury," said Rochester District Court Judge Susan Ashley.

The prosecutor, in his summation, said, in fact, it was reckless conduct and it did end up injuring the victim contending the keys could be a deadly weapon.

"However, the complaint said he stabbed (with the key) not threw them," Ashley said as she found that no probable cause had been established.

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