Ex-Seabrook police chief's aggravated DUI case resolved with plea deals

SEABROOK — The town's former police chief, who allegedly struck another vehicle while driving with a blood alcohol level nearly three times the legal limit, has resolved his case with a plea deal.

Lee Bitomske, 57, of Ossipee, recently reached an agreement through his attorney with N.H. state police prosecutor, Kimberly Tessari, that places Bitomske's conduct after an accident charge on file without a finding pending two years of good behavior. Bitomske must also pay restitution to the victim.

Bitomske had previously pleaded guilty to driving while under the influence on June 30 in a negotiated deal that eliminated a more serious charge of aggravated driving while intoxicated. 

Paul Raymond Jr., spokesman for the New Hampshire Department of Safety, said Bitomske was treated like any other suspect arrested for DUI and received no favorable treatment because of his former employment.

"His sentence reflected the fact that he had no prior record and accepted full responsibility for his conduct," Raymond said.

Details in police report: Vehicle struck, former chief slurred his words

Bitomske was arrested April 26 in Wakefield by a New Hampshire state trooper following a “be on the look out” alert for a Ford F-250 black truck, alleged to have forced another car off the road.

It was later determined that Bitomske’s vehicle had actually struck the other vehicle in Milton, stopped, but later left the scene without resolving the accident with the driver.

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According to an arrest report filed by Trooper Cameron Vetter, of Troop E, Vetter spotted the vehicle in Wakefield on Route 16 at the Wakefield Road intersection. According to the report, he witnessed it travel completely over the double yellow line and approximately two feet into oncoming traffic in the area. Vetter had been watching for a black truck after the "be on the look out” broadcast.

When Vetter pulled over the vehicle, the driver, identified as Lee Bitomske, denied running anyone off the road, according to the police report.

"As Bitomske spoke, I was unable to understand what he was saying as it sounded like his tongue was far too big for his mouth causing his words to be slurred," Vetter wrote in his report.

Vetter wrote that Bitomske admitted, "he had quite a bit to drink today."

According to the police report, Bitomske refused to take the standardized field sobriety tests, which are conducted to assess whether a driver is impaired while operating a vehicle.

According to the report, Bitomske told Vetter, "Nope, I am good," then informed the trooper he was retired law enforcement and a former police chief. 

Vetter wrote Bitomske explained he had a couple drinks/beers, "that he was tired and for me to just do what I had to."

While Bitomske rejected taking the field sobriety test, he did agree to a blood draw and it was completed at Huggins Hospital in Wolfeboro.

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His vehicle was towed from the scene and, according to the arrest report, Bitomske was given a courtesy ride from the hospital to his home in Ossipee.  

State police confirmed no mugshot, or booking photo, was taken of Bitomske.

"There are situations when a booking photo is not captured, this is one of those cases," Raymond said. "Mr. Bitomske was booked and released from the hospital, following a blood test."

Raymond said it is not uncommon for a booking photo not to be taken if the suspect is booked and released at the hospital. He also said it was not unusual for a trooper to give a suspect, one who was cooperative and had voluntarily consented to a blood draw, a ride home from the hospital.

"We have done that in a number of cases," Raymond said. 

According to Troop A’s Trooper Jonathan Minnich's incident report, the victim who reported the accident said she was traveling northbound on Route 16 when a truck attempted to pass her. The driver prematurely reentered the lane, according to the victim, striking the front driver's side of her vehicle.

The victim told police she pulled over as did the driver of the truck.

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“(She) stated the operator was irate, shouting at her ... and thought the operator appeared drunk," Minnich wrote in his report. "(She) stated she was afraid to exit her vehicle, so she stayed inside."

The victim showed Minnich a picture she had taken on her phone of the man yelling at her.

While Bitomske denied being in an accident, Vetter wrote, "there was clear damage to the right rear of the truck's bed." Minnich wrote the damage of the victim's vehicle was consistent with her account of events.

Plea deal results in reduced sentence

Bitomske pleaded guilty via phone call in Ossipee District Court to DUI impaired June 30, but was found not guilty to DUI aggravated as part of a plea agreement.

According to court documents, Bitomske was originally charged with both driving under the influence impaired – a Class B misdemeanor – and the more serious Class A misdemeanor of aggravated driving under the influence, which is the legal distinction if a driver’s alcohol level is equal to or higher than 0.16, or twice New Hampshire’s legal limit of .08.

State police received Bitmoske's blood test results on June 16 which showed a blood alcohol content of .231. 

Bitomske was fined $620 and had his license revoked June 30 for nine months, according to court documents, although, as is customary, it was noted he may petition for early reinstatement after three months if he met all the conditions of his sentence.

Conditions include obtaining a substance screening at an Impaired Driver Care Management Program within 14 days of sentencing, completing the 20-hour Impaired Driver Education Program and payment of assessed fines and fees.

Had Bitomske been convicted of aggravated driving while intoxicated, he could have been sentenced to at least 17 days in jail (of which 12 shall be suspended) and had his license suspended for at least 18 months.

According to Raymond, the plea arrangement with Bitomske indicated a guilty plea by a first offender and a quick conviction.

"Mr. Bitomske’s plea resulted in an immediate conviction and mandated successful completion of the Impaired Driver Care Management Program," said Raymond when asked why a deal was reached in this case. "The Impaired Driver Care Management Program focuses on rehabilitation to prevent future reoccurrences of impaired."

Conduct after accident charge placed on file without a finding

A Rochester District Court judge signed off on a joint agreement between Bitmoske's attorney, Andrew F. Cotrupi, and the state police prosecutor to resolve Bitomske's conduct after an accident charge on Aug. 23.

According to the agreement, the charge will be placed on file without a finding for a period of two years of good behavior and restitution for any uninsured loss to the victim.

The agreement asked the judge to accept the terms stating it will "protect the defendant's rights, promote justice, and fairness to potential witnesses, and it will conserve judicial resources."

"All circumstances were considered while the prosecutor moved for a swift and reasonable judicial outcome in this case," said Raymond, when asked why the state made the decision to resolve the case in that matter.

Bitomske joined the Seabrook Police Department as a cadet in 1980, and was hired full time in 1986. He worked his way up through the ranks before taking over as chief in 2012, following the retirement of the former chief, the late Patrick Manthorn.

While with Seabrook Police Department, Bitomske was also a sniper for the Seacoast Emergency Response Team, the regional tactical team, from 2001 to 2007.

Bitomske announced his retirement in September 2015, effective Dec. 31, 2015, in the midst of a lengthy vacation, following 34 years with the Seabrook law enforcement agency.

According to published reports, Bitomske draws a state pension of about $100,000 a year.

Attempts to reach Bitomske for comment were unsuccessful.