ROCKLAND, Maine — September 18, 2012 — A 37-year-old Friendship lobsterman will spend 45 days in jail after pleading guilty Monday to reduced charges stemming from a December shooting on a dock over the cutting of traps.
The agreement, which reduced the felony charges to misdemeanors, was opposed by the victim in the case, the prosecutor acknowledged.
James R. Simmons was sentenced Monday in Knox County Superior Court to 364 days in jail with all but 45 days suspended for criminal threatening and reckless conduct. He received lesser concurrent sentences for two counts of possession of oxycodone and violating a condition of release.
Simmons was charged originally with felony counts of criminal threatening with a dangerous weapon and reckless conduct with a dangerous weapon.
According to witness statements and an affidavit filed in December by Deputy James Moore of the Knox County Sheriff’s Office, the victim said he arrived at Wallace’s Lobster Wharf on Dec. 4 and saw James Simmons. The victim said Simmons ran back to his truck, came out with a rifle and fired at him. Simmons also yelled to the man that he would soon kill him, according to the affidavit.
The victim was not struck. The victim claimed that Simmons accused him of cutting his lobster traps, a claim the victim denied.
A search of Simmons’ truck the following day found both live ammunition and spent casings along with oxycodone pills.
Assistant District Attorney Christopher Fernald acknowledged that while the victim in the case was not happy with the decision to reduce the charges, the victim initially said he could live with the agreement. Fernald said, however, that the victim was at the courthouse earlier Monday and said he opposed the charges being dropped from felonies to misdemeanors.
Read the full story at the Bangor Daily News