ROCKLAND, Maine — 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.
Defense attorney Steven Peterson said this case would have boiled down to a question of self-defense had the case gone to trial. Peterson said he hired a private investigator and has recordings of threats against his client and wife by the 34-year-old man listed as the victim in the case.
Simmons also will be placed on probation for a year. During that time, he is prohibited from the use of alcohol or illegal drugs and is prohibited from having a firearm, but can have a bow and arrow or crossbow. Simmons also must undergo anger management analysis.
A few days after being charged with the shooting in December, he also was charged with possession of oxycodone and violating a condition of release when one oxycodone pill was found in his home, Fernald said. Fernald said, however, that Simmons claimed the pill was left over from an expired prescription.
Justice Donald Marden questioned whether it was a crime to have an expired drug if it had been legally prescribed to the defendant. Fernald said he has prosecuted hundreds of cases similar to this and that prescription medications have expiration dates on them.
Marden eventually agreed to accept the plea to the drug offenses.
Simmons was allowed to report to jail Friday to allow him to get his affairs in order before serving the 45-day sentence.
So you can get 5 years (based on another story) for selling a gun to an ATF agent, but only 45 days for shooting at somebody?
Hey, can you imagine if he would have actually HIT the guy? They would have really thrown the book at him and given him 90 days….
Nice Example…you can shoot at someone…and more or less get a slap on the wrist…what if or when it happens again…does the 45 day rule stand…come on…shooting at someone is a CRIME…not a simple fist fight over a women or whatever…this is serious or is it..??? I shake my head every time I hear about these rulings…and this is called the LAW…scary to say the least. He should have gotten 2 years in jail/slapped with a hefty fine/and when he got out he should have been put on Probation for 3-5 years and NOT allowed to own or use a Firearm for 10 years…but whatever…like I said before..SCARY>
The district attorney needs to be booted out of office for letting this deal go through.
45 days for having illegal drugs and shooting at someone? You gotta be kidding me!
man, as soon as i get our of jail, get my guns cleaned and get my drug stash larded up i will be in “Friendship” causing problems. seriously what do i have to fear? 45 days? do it standing on my head?
who knew The Wild West was actually located Downeast?
Typical clammer/lobsterman actions. They don’t have the intelligence to settle matters within the legal system.
We are not stupid people and I find you to be the ignorant one here making statements like that. Not all fishermen act like this one man did. You might as well state that all postal employees are angry and are unstable because of a few that have “lost it” – please do not insult the fishing community like that…
Yet another fine example of our so-called JUSTICE system in Maine with District Attorneys thowing out more serious crimes because they dont have the jewels to actually take it to court. Its disgusting and every single one of the current DAs need to be removed and a message sent to whoever is running against them that PLEA bargains are not a bargain for upstanding citizens of Maine and we wont stand for it anymore…You hearing me Almy?….Yeah thought so.