LEWISTON – A local man was shot by a neighbor while taking a shortcut through the man’s property, police said Tuesday.

James DeHart, 44, of 34 Bartlett St. was shot in the back of the lower hip Monday night. He was discharged from Central Maine Medical Center Tuesday afternoon.

Kenneth Phipps, 56, of 17 Horton St. appeared in 8th District Court Tuesday on a charge of elevated aggravated assault, a Class A felony. A judge set bail at $5,000 cash or $50,000 surety. Although he owns a home, Phipps asked for a court-appointed lawyer.

Phipps was ordered to have no contact with DeHart and not to carry dangerous weapons, including firearms and knives. Phipps, who works as a cook, will be allowed to use knives at his job, the judge said.

Phipps said he was acting in self-defense when he shot DeHart. Assistant District Attorney Nicholas Worden said police late Tuesday morning found a knife at the scene of the shooting. Police confirmed they recovered a knife, but declined to say who had possession of it Monday night.

According to police, their records show Phipps was involved in another shooting in February at 17 Horton St. Phipps shot someone in the hallway of the building. No criminal charges were filed against him, a police affidavit states.

According to police Detective Brian O’Malley’s sworn affidavit for a warrantless arrest, an officer said he heard Phipps tell a friend that he called to two men to tell them they couldn’t cut through the back of his property. One of the men argued with him, telling Phipps to mind his own business. The man pulled a knife, so Phipps shot him, he told a neighbor.

DeHart told police a different story.

He said he and a friend cut through the backyard behind a neighbor’s house, then walked through a parking lot behind 17 Horton St., police said in the affidavit. DeHart said it was a common shortcut.

On his way home, DeHart said a man standing on a second-floor porch yelled at him, telling him not to cut through his property, the police affidavit said. DeHart yelled back, telling the man to mind his own business.

After turning away to keep walking, DeHart said the man charged suddenly from the building and pointed a gun at him. DeHart said he reached for his cell phone to call police when he was shot.

DeHart told police he didn’t have a knife. He had been drinking a can of No Fear energy drink. He said he had never met Phipps before.

Detective O’Malley said in his sworn statement that he met with Dehart’s friend, Roland Roy, who was with DeHart when a man fitting Phipps’ description confronted the two.

Roy told police that during the argument, DeHart told the man to “bring it on if he wanted.” The man yelled out that he had something for DeHart and went back into his apartment, the police affidavit said.

Roy told DeHart they should leave. As DeHart turned to walk away, the man came out of the building toward DeHart. He saw the man shoot DeHart.

Roy said he couldn’t see anything in DeHart’s hands. As Roy made his way back to Bartlett Street, he could hear DeHart behind him yelling that he’d been shot. The man who shot DeHart was following both of them, Roy said.

Phipps called 911 shortly before 8:30 p.m. to report the shooting, the affidavit said. He told police he had surveillance cameras operating at the scene and could show police what happened. Police recovered a recording Tuesday afternoon and were reviewing it, but declined to comment on its content.

An officer standing outside Phipps’ apartment looked through a window and saw a handgun on a table. Police recovered a .25-caliber Derringer at the scene, Lt. Michael McGonagle said.