Thursday, 11 October 2018 10:42

Brunswick man cleared of attempted murder charge

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AUGUSTA (WGME) - A not guilty verdict was handed down Wednesday in the bench trial of a Brunswick man who was accused of trying to kill a Kennebec County law enforcement officer.

"It was abundantly clear that there were major shortfalls in the evidence," Scott Hess, one of Scott Bubar's defense attorneys, said.

 

Bubar's defense lawyers said there was no physical evidence that Scott Bubar fired a gun on the night of the shooting, let alone that he fired it a cop.

 

"I can't tell who shot who or who did what. It's just not clear," Lisa Whittier, who also was on Bubar's defense team, said.

 

Instead, Bubar's lawyers said that it was his father, Roger Bubar, who fired a shotgun and a pistol at Sgt. Jacob Pierce of the Kennebec County Sheriff's Office.

 

Pierce returned fire, killing Roger Bubar and wounding Scott Bubar.

 

"Roger, the father, his DNA as on both weapons and his blood was on the shotgun, which was under his body. Scott's DNA was not found on either weapon," Depujty District Attorney Paul Cavanaugh said.

 

Prosecutors admitted it was mostly a circumstantial case.

 

"Nobody could see what happened inside," Cavanaugh said.

 

Prosecutors said the case was based on what witnesses claim they heard inside Bubar's home and a shotgun blast they believe could not have been fired by Roger Bubar.

 

"If Roger's in the doorway, somebody else is shooting the gun some distance away," Cavanaugh said. "Only two people in the building. If Roger is in the doorway, gets shot in the leg, Scott must be shooting the shotgun."

 

But Judge Michaela Murphy ruled there was no physical or forensic evidence to back up that theory.

 

In reaching a not guilty verdict, the judge said, "Scott Bubar's presence at the scene of the crime is not enough to convict him."

 

Cavanaugh said prosecutors were disappointed by the judge's verdict.

 

Had Scott Bubar been convicted, he could have received a life sentence.