Baileyville assault trial to be handed over to jury today

By Sharon Kiley Mack, BDN Staff
Posted Oct. 28, 2009, at 9:01 p.m.

MACHIAS, Maine — The jury trial of Sean MacArthur, 22, and Adam Casey, 26, both of Baileyville, who are charged with two counts each of aggravated assault with a club, criminal threatening with a dangerous weapon and disorderly conduct, will be placed in the jurors’ hands this morning.

Justice E. Allen Hunter recessed the three-day trial in midafternoon Wednesday after the state’s prosecutor and the two defense attorneys rested their cases.

Closing arguments will be heard at 9 a.m.

MacArthur and Casey are two of five Baileyville males charged with confronting five Indian Township youths in a credit union parking lot in August 2007. The victims were Indian males, whose ages at the time were 13, 14, 15, 16 and 20.

The other three men charged and their ages at the time of the incident are Corey Townsend, 17, his brother David Townsend, 21, and Nicholas James, 18.

The brawl was investigated as a possible race-based hate crime and all five of the suspects signed consent agreements with the Maine Attorney General’s Office under the Maine Human Rights Act.

According to court documents and testimony Tuesday and Wednesday, the Indian males were gathered in a parking lot when seven Baileyville men and boys arrived in cars. Although MacArthur and Casey testified they carried no weapons, the victims said they had sticks and 2-by-4 boards.

The victims testified they were surrounded by the Baileyville men and one Indian boy was attacked and injured. A second Indian boy was injured when he attempted to help his injured friend, according to documents.

Court was delayed several hours early Wednesday while Justice Hunter polled the jurors about whether they had read reports of the trial in the Bangor Daily News. No juror was dismissed.

Hunter said all three attorneys will present their closing arguments this morning and then the jury will be handed the case for deliberation.

In February of this year, David Townsend and James received suspended five-year sentences for their part in the fight. Townsend also was sentenced to one year in jail and two years probation. He is still incarcerated, pending a hearing on an alleged probation violation.

James was sentenced to nine months in jail and two years probation on charges of assault and burglary. Six months of his probation were to be served under house arrest.

Corey Townsend was convicted of criminal threatening with a dangerous weapon and assault. On Tuesday his appeal of the criminal threatening conviction was turned down by the Maine Supreme Judicial Court, and he will serve one year at a juvenile correction facility, all but five days suspended, and two years’ probation.

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http://bangordailynews.com/2009/10/28/news/baileyville-assault-trial-to-be-handed-over-to-jury-today/ printed on July 12, 2014