A Holden man was granted bail on Tuesday, despite allegations that he violated his bail conditions twice in the last three months while he appeals a drunk driving conviction.
David MacKenzie, 53, appeared in Penobscot County Superior Court on Tuesday after he allegedly violated his bail again. He was arrested Saturday and was granted a $1,000 bail by Judge Bruce Mallonee. MacKenzie has posted the bail and has been released from the Penobscot County Jail, according to the online log.
It was the second time he’s been accused of violating his conditions of bail two times in the last three months.
MacKenzie allegedly had contact with a witness in the case, which is a violation of his post-conviction bail conditions. But as the witness was not a victim of the crimes, the judge said he felt satisfied that MacKenzie could be released on bail without further risk, Assistant District Attorney Mark Rucci said.
The DA’s office wanted MacKenzie’s bail revoked after both alleged violations, Rucci said.
“From the state’s perspective, he should have been held,” Rucci said.
MacKenzie denied the bail violation and disagreed that he was not following the conditions, he said through his attorney Hunter Tzovarras. MacKenzie intends to continue following the bail conditions, Tzovarras said.
The decision to release MacKenzie on bail again undermines the justice system, according to Rucci, the assistant district attorney who is overseeing the case. Local law enforcement is also concerned that allowing MacKenzie out on bail will divert resources to ensuring he’s abiding by his bail conditions.
In July 2023, MacKenzie hit then-87-year-old Ira Williams, leaving the man with lasting injuries. MacKenzie was convicted in August of aggravated operating under the influence, aggravated assault, leaving the scene of an accident causing serious bodily injury or death, and operating under the influence.
MacKenzie was sentenced to six years in prison with all but 15 months suspended, as well as three years of probation, a $2,100 fine and a six-year license suspension. He was granted a post-conviction bond while he appeals his case to the Maine Supreme Judicial Court.
He violated his post-conviction bail in December and the conditions were modified in late January so that he is not allowed to leave his house except for specific circumstances, the Penobscot County District Attorney’s Office said. Another condition is that he cannot have contact with a witness in the case.
On Saturday around 9:30 p.m., Holden Police Lt. Andy Whitehouse was surveilling MacKenzie’s house after Holden police received a tip that he was violating his conditions of release, when Whitehouse claims he saw MacKenzie go into his house with the witness.
Whitehouse tried to get MacKenzie to leave the house by knocking on his door and using an address system. After he refused to leave, police got a search warrant and arrested him. The witness was found hiding in the house, Whitehouse said.
“The most aggravating part of this entire case is, he was released yet again,” Whitehouse said.
The bail code exists, in part, to help protect the community and preserve the integrity of the justice system and by allowing MacKenzie bail again, it undermines that system, Rucci said.
Holden police will now dedicate resources to checking that MacKenzie is abiding by his bail conditions, Whitehouse said. That means an officer will be off of patrol and other work.
“This is a very serious case, with very serious consequences and we are going to dedicate time to keep him complying with his bail conditions until such time that he serves his time or his case is resolved,” Whitehouse said.