Tuesday 30 July 2013

Maine man died from golf cart injuries; Westford driver could face new charges

Gary Belinsky faces charges in Maine following the death of a passenger in a golf cart he was driving. (CUMBERLAND COUNTY, ME. SHERIFF'S DEPARTMENT)

By Samantha Allen

sallen@lowellsun.com

WESTFORD -- A Westford man charged with drunken driving in a Maine golf cart accident last weekend could face more serious charges after his passenger died Monday night.

John MacKay, 52, of Sanford, Maine, fell out of a golf cart at the Casco, Maine Point Sebago Outdoor Resort on Saturday. MacKay suffered serious head trauma and was flown to Maine Medical Center in Portland. He died Monday night, the hospital confirmed on Tuesday.

The cart's driver, Gary Belinsky, 59, of Westford, was charged on Saturday with operating under the influence (OUI). He was released on $300 bail and returned to Massachusetts.

Capt. Shawn O'Leary, of the Cumberland County Sheriff's Department, said on Tuesday that Belinsky could face new charges, but that decision is up to the county district attorney. Aggravated OUI has been considered, which is a Class C felony in the state of Maine.

"The case detective is working on compiling everything," he added, "and he'll be submitting it to the D.A.'s office for review."

O'Leary said is not clear at this time what led to MacKay falling out of the cart. Police estimate the vehicle, operating on a roadway in the resort, was not going faster than 10 mph, and when they arrived on scene, the cart had not crashed or tipped over.

O'Leary said Belinsky has been cooperative in the investigation so far. He said Belinsky has a court date at this time but if more serious charges are brought, the case could go before a grand jury. If there is an indictment, an arrest warrant will be issued.

A person who answered Belinsky's household phone line declined to comment Tuesday morning and said Belinsky could not be reached because he was in Maine.

"He lawyered up and was told not to talk to anybody," the person said.

O'Leary offered manslaughter as an example of a potential charge that could be brought against Belinsky but said he could not speculate on what charges the district attorney may consider at this point.

He said he believes Belinsky and MacKay were friends who had just returned from dinner when the incident occurred.

"It was just a tragic incident," he added. "I've been in law enforcement for over 26 years and I've never seen a golf cart fatality."

The Cumberland County District Attorney did not immediately return calls for comment Tuesday morning.

Follow Samantha Allen on Twitter @SAllen_89. Keep up with www.lowellsun.com for updates on this story.

Source: http://www.lowellsun.com/news/ci_23759375/maine-man-died-from-golf-cart-injuries-westford?source=rss_viewed

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