PARIS – Aside from a scattering of sobs, there was silence in Oxford County Superior Court as the jury delivered its verdict in the double murder case against a Sumner man.

The forewoman declared, following a day of deliberations, that the jury had found Duane Christopher Waterman, 33, guilty of killing two men in July 2008.

Timothy Mayberry, 50, of West Paris and Todd Smith, 43, of Paris were shot to death at Mayberry’s Tuelltown Road home on the evening of July 25.

Waterman faces up to 25 years to life in prison on each count of murder. Justice Roland Cole did not set a date for sentencing, but it is likely to occur in mid-July.

Outside the courthouse, relatives of the victims rejoiced at the verdict.

“I am just so happy,” said Elaine Smith, Todd Smith’s mother. “We finally have justice for my son, Todd. And his birthday’s tomorrow; he would have been 44. What a beautiful present for me and my family.”

“I’m relieved,” said Mayberry’s sister, Dianna Parmeter. “I felt confident that they would come back with the right verdict, and they did.”

The jury began its deliberations at 9 a.m. Tuesday and made its decision at 4 p.m.

The verdicts came shortly after the jury reconvened in the courtroom, where a court reporter read transcripts of the testimony of Waterman’s 13-year-old son and his neighbor, Wayne Ladouceur of Sumner.

Waterman’s son said he, his father, and two siblings had been fishing on the evening of July 25 until early on July 26. He said the family briefly returned to their home to pick up propane for their lanterns on July 25, and that he and his father went into Mayberry’s house the next day. Waterman’s son said he noticed bloodstains and his father took a bottle of medication from the kitchen.

Ladouceur said he saw Waterman drive his Jeep up Front Street without its headlights on around 10:15 p.m. on July 25 and back into his driveway. Ladouceur said Waterman told someone in the vehicle, “Hurry up; hurry up,” and the vehicle left Waterman’s property within 10 minutes.

Shell casings matched gun

Assistant Attorney General Andrew Benson argued that several pieces of evidence in the case pointed to Waterman. Benson said recorded phone calls between Waterman and his wife, Naomi, then in the Oxford County Jail, revealed that he was angry with Mayberry over a debt Waterman owed in a botched sale of the painkiller OxyContin, as well as Mayberry’s suspicion that Naomi would “rat” him or others out to police.

Police also determined that a .380-caliber handgun had been sold to the Watermans in the months prior to the murders. Investigators determined that shell casings found at the scene matched those found at the home of a former owner of the gun and were fired by the same weapon. Police found .380-caliber bullets of the same manufacture at Waterman’s house.

Defense lawyer John Jenness Jr. said there was no conclusive evidence tying Waterman to the murders. He said that if Waterman had killed the two men, he would not have returned to Mayberry’s residence or kept evidence related to the handgun.

In his testimony on Monday, Waterman said he sold the handgun to Mayberry about two weeks prior to the killings. Waterman said he had been fishing on the evening of July 25, and went to check on Mayberry the next day because he had not heard from him. Waterman said the weapon was missing from the living room mantle and that he noticed bloodstains, but did not call police because he was afraid he would be implicated in the incident or arrested on other charges, such as possession of a firearm by a felon.

Victims were good people

Mayberry’s sister said after the verdicts that Waterman’s testimony convinced her that he was guilty.

“He already knew where they were,” Dianna Parmeter said. “He knew where my brother and Todd were. He only cared about getting his drugs out of the cabinet.”

Parmeter said she did not believe Waterman would be concerned about Mayberry’s welfare the morning after making threatening statements about him in a recorded phone call to his wife.

Parmeter said she knew Mayberry used prescription drugs, but that she and immediate family members did not know he was addicted to them. During the trial, both attorneys said Mayberry gave his OxyContin prescription to other people to sell. The Watermans said they owed Mayberry $1,500 at the time of his death after failing to sell OxyContin pills in Machias and keeping them for themselves.

“I realize my brother has made some poor choices, but he did not deserve to be murdered,” Parmeter said.

Witnesses said Todd Smith went to Mayberry’s house to watch movies on July 25.

“(Todd) was just there being a friend, which he always was, a friend,” his mother said.

Ashly Rolfe, Todd Smith’s daughter, said she was happy to have closure in the matter.

“He was just a great guy. He’d do anything for anybody,” said Rolfe, who is expecting to give birth within the next week. “I wish he was still here, so he could see his grandson.”

Parmeter said Mayberry was a caring person who would visit elderly aunts and uncles and help them with errands. She said Mayberry once took in a cousin who did not have a place to stay, and noted that he had once done the same favor for Waterman’s family.

“If he liked you, there wasn’t anything that he wouldn’t do for you,” she said.

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