Grand jury indicts Belfast man for murder, attempted murder

In this August 2013 file photo, Todd M. Gilday is escorted into the Waldo County Superior Courthouse. On Oct. 18, he was indicted by a grand jury on charges of murder and attempted murder.
In this August 2013 file photo, Todd M. Gilday is escorted into the Waldo County Superior Courthouse. On Oct. 18, he was indicted by a grand jury on charges of murder and attempted murder.
Posted Oct. 10, 2013, at 2:15 p.m.
Todd Gilday
Waldo County Jail
Todd Gilday

ROCKLAND, Maine — A grand jury has indicted a 44-year-old man on charges of murder and attempted murder in connection with the killing of a Belfast woman and the shooting of her son.

The indictment against Todd M. Gilday of Belfast was released Thursday after the grand jury completed its four-day session in Knox County.

Gilday was indicted for intentional or knowing murder in the Aug. 28 shooting death of Lynn Day, 55, also known as Lynn Arsenault, who had lived in both Belfast and Garland. The indictment alleges that Gilday used a 12-gauge shotgun.

He also was indicted for attempted murder with a firearm and elevated aggravated assault with a firearm, when he allegedly shot 22-year-old Matthew Day in the arm and stomach with the shotgun on Aug 28.

On Thursday, Assistant Attorney General Leane Zainea said the state decided to seek an indictment through a regional grand jury sitting in Knox County rather than wait until the Waldo County Grand Jury convened in November.

No date has been set for an initial appearance for Gilday.

Gilday was arrested by police the morning after the shooting at Pen Bay Medical Center in Rockport where he had driven himself for unspecified reasons.

Both victims were shot at Matthew Day’s Belfast home at 162 Waldo Ave. While authorities have not yet suggested a motive for the shootings, state police have said that Gilday and the younger Day knew each other.

In an affidavit filed in support of arresting and holding Gilday, Detective Ryan Brockway of the Maine State Police Major Crimes Unit wrote that a friend of the victims told police that a man had come to the door and opened it partially before Matthew Day tried to close it. Brockway wrote that the “glass was blown out of the door, and the door was kicked open.”

The man then shot Arsenault and said he would “kill everyone in the [expletive] house,” the affidavit stated.

When police arrived, Matthew Day was lying across his mother, who died of a gunshot wound to the chest that punctured her lung, according to autopsy results cited in the affidavit.

Gilday has been held at the Two Bridges Regional Jail in Wiscasset since his arrest.

The prosecution had requested a competency and criminal responsibility evaluation for Gilday on Aug. 29, the day he made his initial appearance in Waldo County Superior Court.

“Todd Gilday had sought medical attention at Pen Bay Medical Center following the homicide of Lynn Arsenault,” Zainea’s motion stated. “Under the circumstances, an evaluation … to include criminal responsibility and abnormal condition of mind is appropriate.”

Defense counsel Philip Cohen of Waldoboro has submitted a motion asking the court to dismiss the state’s request.

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