Brian McMahon of Biddeford was arrested for domestic violence last week, just two days after sending a notice of claim to the city of Westbrook, warning of a possible lawsuit against the city and police Sgt. John Desjardins stemming from a St. Patrick’s Day altercation.
According to Joanne Fisk, Biddeford’s deputy police chief, McMahon was arrested the morning of Thursday, March 26, charged with domestic violence assault and terrorizing, violating conditions of release and obstructing the report of a crime.
A York County Sheriff’s Office spokesman said Tuesday that McMahon is still being held in York County Jail. His bail is set at $2,500.
Fisk said police responded to Headlines Barbershop & Salon on Main Street in Biddeford, which McMahon manages, after receiving a report of a woman screaming and “crying for help.”
The arrest came just two days after the city of Westbrook received a notice of claim from McMahon’s lawyer, Michael Waxman. The claim was sent in response to an altercation on March 17, where, McMahon said, Desjardins pulled a gun on him and pushed him through the front window of his Biddeford barbershop.
A notice of claim is the required first step prior to any lawsuit filed against a public entity.
Westbrook Police Chief Janine Roberts has maintained Desjardins was acting in self-defense, stating last week that the Westbrook Police Department had begun its own investigation of the incident.
According to a statement from Roberts last week, Desjardins was parking his vehicle outside Headlines when McMahon “aggressively” approached, attempting to open the passenger door, where Desjardins’ wife was seated.
“Desjardins, fearing for the safety of his wife who was sitting in the front passenger seat and not sure what the male’s intentions were, drew his weapon and verbally ordered the male to move away from the car,” Roberts said, adding that Desjardins then identified himself as a police officer.
When McMahon continued to be “verbally confrontational,” Roberts said, Desjardins pushed him, causing him to “stumble backward into the storefront window.”
McMahon’s notice of claim against the city states that Desjardins, “while performing his duties as part of his job with the Defendant Town of Westbrook, brandished his Town of Westbrook service weapon and assaulted Mr. McMahon causing property damage and personal injury.”
It states the extent of injuries include property damage, personal injury and emotional distress. The claim also states that the suit could include Chief Roberts “if we determine supervisory negligence exists.”
Waxman said Tuesday that McMahon’s arrest has “no impact whatsoever” on plans to sue.
Send questions/comments to the editors.
